IN THE FORMAL PROCEDURE Sample Clauses

The "IN THE FORMAL PROCEDURE" clause defines the specific steps and requirements that must be followed when a formal process is initiated under the agreement. Typically, this clause outlines the sequence of actions, such as written notifications, submission of documentation, or adherence to timelines, that parties must observe to ensure the process is officially recognized. Its core practical function is to provide a clear, standardized framework for handling formal matters, thereby reducing ambiguity and ensuring that all parties understand their obligations during formal proceedings.
IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting it in writing to the Foundation's President, or to his/her designee, within fifteen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decision, or the date upon which it was due, demand arbitration by serving a written demand for arbitration by Certified Mail, Return Receipt Requested, upon the Foundation's President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the ...
View SourceView Similar (16)
IN THE FORMAL PROCEDURE. A written grievance shall be submitted by the PSC to the Foundation's Director of Human Resources, or to her/his designee, no later than thirty (30) work days after the date on which the action giving rise to the grievance occurred. Any grievance not submitted within these specific time limits shall be deemed waived. The Foundation's Director of Human Resources, or her/his designee, shall take such steps as he/she may deem necessary for the proper disposition of the grievance. This may include a meeting or conference call with the aggrieved employee(s) and a PSC representative to discuss the grievance. The disposition of the grievance shall be in writing and be made by the end of the tenth (10th) work day following the date of the submission of the grievance. A copy of the disposition shall be sent to the PSC.
View SourceView Similar (13)
IN THE FORMAL PROCEDURE. An appeal may be taken from a Step 1 decision. Any such appeal must be presented in writing by PSC to the President or his/her designee within fifteen (15) working days after receipt by PSC of the Step 1 decision. The President or his/her designee shall meet with PSC for a hearing and review of the grievance within ten (10) working days after the notice of appeal is received and shall render a written decision thereon by the end of the fifteenth (15th) working day after his/her final meeting with PSC. The aggrieved employee shall be afforded the opportunity to be present at the hearing on the grievance at this step. For group grievances initiated at Step 2, the President or his/her designee shall meet with PSC to discuss the grievance within twen- ty (20) working days of the receipt of the grievance and shall render a written decision thereon by the end of the twentieth (20th) work- ing day after his/her final meeting with PSC.
View Source
IN THE FORMAL PROCEDURE. PSC shall present the grievance to the employee’s next immedi- ate supervisor not in the bargaining unit not later than thirty (30) calendar days after the date the employee became aware or should have become aware of the facts upon which the grievance is based. Such supervisor shall take such steps as he/she may deem necessary for the proper disposition of the grievance. Such disposition shall be in writing and be made by the end of the tenth (10th) working day following the date of submission of the grievance. The aggrieved employee shall be afforded the opportunity to be present at any hear- ing on the grievance before the supervisor.
View Source
IN THE FORMAL PROCEDURE. An appeal may be taken from a Step 1 decision. Any such appeal must be presented in writing by PSC to the President or his/her designee within fifteen (15) working days after receipt by PSC of the Step 1 decision. The President or his/her designee shall meet with PSC for a hearing and review of the grievance within ten (10) working days after the notice of appeal is received and shall render a written decision thereon by the end of the fifteenth (15th) working day after his/her final meeting with PSC. The aggrieved employee shall be afforded the opportunity to be present at the hearing on the grievance at this step. For group grievances initiated at Step 2, the President or his/her designee shall meet with PSC to discuss the grievance within twenty
View Source

Related to IN THE FORMAL PROCEDURE

  • Formal Procedure No different or additional Work or contractual obligations will be authorized or performed unless contemplated within the Scope of Work and memorialized in an amendment or modification of the Contract that is executed in compliance with this Article. No waiver of any term, covenant, or condition of the Contract will be valid unless executed in compliance with this Article. Contractor will not be entitled to payment for Work that is not authorized by a properly executed Contract amendment or modification, or through the express written authorization of HHSC. Any changes to the Contract that results in a change to either the term, fees, or significantly impacting the obligations of the parties to the Contract must be effectuated by a formal Amendment to the Contract. Such Amendment must be signed by the appropriate and duly authorized representative of each party in order to have any effect.

  • Informal Procedure A complaint may be presented informally to the administrator whose decision or action is being contested.

  • Formal Process STEP 3 –

  • Formal Procedures 1. Upon presentation to the academic ▇▇▇▇ of a petition signed by one–third (1/3) of the full–time members of the department/work area, excluding the department chair, stating specific reasons for recalling the department chair, the academic ▇▇▇▇ shall promptly give fourteen (14) calendar days' written notice to all department/work area members setting forth the time, date and place of a meeting to consider the recall petition and to vote on either a motion that the department/work area chair continue in office or a motion to recommend to the President of the College that the President declares a vacancy to exist in the department/work area. The department chairperson/work area may be present at this meeting. 2. The academic ▇▇▇▇ and an impartial person from the faculty at large, who shall be elected by members of the department/work area, shall conduct the recall meeting, and if the academic ▇▇▇▇ and the members of the department/work area shall have so decided, shall conduct successor meetings for the same purpose. The academic ▇▇▇▇ and such impartial person from the faculty at large shall record any subsequent vote(s) taken within the department/work area on this matter. 3. A vote by secret ballot of the majority of all full–time department/work area members shall be required to recommend to the President of the College or the President’s designee that the President declares a vacancy to exist in the department chair position. If a majority of the department/work area members so vote, the results of the balloting with reasons shall be forwarded to the President of the College or the President’s designee. The President of the College shall determine the recall or continuance within ten (10) calendar days and so notify the department/work area with reasons. The President's decision shall be final.

  • Formal Grievance Procedure 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration. 2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request. 3. Internal Steps in the Procedure a. Step One: The Director of Human Resources (1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form. (2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties. (3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision. (4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form. (5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.