Common use of Labor Relations Unit Clause in Contracts

Labor Relations Unit. A. If the grievance is not resolved at step 2, the employee or the Association may file, within fifteen (15) calendar days after receiving the response from the Agency Personnel Services Section Manager or designee, the grievance with the Department of Administrative Services, Labor Relations Unit, for determination. The State Labor Relations Manager or designee, shall meet at a mutually agreeable date and time with the Association representative and employee to discuss the grievance. The State Labor Relations Manager or designee shall respond within fifteen (15) calendar days from the date of the grievance meeting. A conference call or a virtual platform meeting can substitute for an in person meeting at this step of the grievance procedure. B. Copies of the original Grievance Forms shall be submitted to the applicable party at all steps of the grievance procedure. Any amendments or clarifications consistent with this Section shall be submitted in writingvia cover letter. Step 4 – Arbitration A. If the grievance is not satisfactorily resolved by the Labor Relations Unit, the Association may submit the issue to arbitration within forty- five (45) calendar days after receiving the response from the Labor Relations Unit. B. The Association or State will request a list of seven arbitrators from the Employment Relations Board. The parties shall select an Arbitrator from the lists(s) requested from the State Mediation and Conciliation Service. Provided by the Board. If the parties cannot immediately agree on the preferred arbitrator, the parties will take turns striking individual names from the list. The parties will determine who strikes first by coin toss. C. The parties shall name a mutually acceptable Arbitrator from the requested list. If the parties do not select an Arbitrator from the list, additional lists shall be requested until a mutually acceptable Arbitrator is named.

Labor Relations Unit. A. If the grievance is not resolved at step 2, the employee or the Association may file, within fifteen (15) calendar days after receiving the response from the Agency Personnel Services Section Manager or designee, the grievance with the Department of Administrative Services, Labor Relations Unit, for determination. The State Labor Relations Manager or designee, shall meet at a mutually agreeable date and time with the Association representative and employee to discuss the grievance. The State Labor Relations Manager or designee shall respond within fifteen (15) calendar days from the date of the grievance meeting. A conference call or a virtual platform meeting can substitute for an in person meeting at this step of the grievance procedure. B. Copies of the original Grievance Forms shall be submitted to the applicable party at all steps of the grievance procedure. Any amendments or clarifications consistent with this Section shall be submitted in writingvia cover letter. Step 4 – Arbitrationwriting. A. If the grievance is not satisfactorily resolved by the Labor Relations Unit, the Association may submit the issue to arbitration within forty- five (45) calendar days after receiving the response from the Labor Relations Unit. B. The Association or State will request a list of seven (7) arbitrators from the Employment Relations Board. The parties shall select an Arbitrator from the lists(s) requested from the State Mediation and Conciliation Service. Provided list provided by the Board. If the parties cannot immediately agree on the preferred arbitrator, the parties will take turns striking individual names from the list. The parties will determine who strikes first by coin toss. C. The parties shall name a mutually acceptable Arbitrator from the requested list. If the parties do not select an Arbitrator from the list, additional lists shall be requested until a mutually acceptable Arbitrator is named. D. Any arbitrable grievance arising out of or relating to the interpretation or the application of this Agreement shall be submitted by either the Employer, or the Association. If the grievance is to be submitted to arbitration, a pre-arbitration meeting shall be held between the Employer, the Association, and the Arbitrator in order to discuss a framing of the issues for a consolidation of cases, or such other procedural matters as the Arbitrator deems pertinent. A hearing will be scheduled with the parties at a mutually agreeable time. E. The Arbitrator shall act in a judicial, not legislative capacity and shall have no right to recommend to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall only consider and make a decision with respect to the specific issue submitted, and shall have no authority to make a decision on any other issue not so submitted to the Arbitrator. F. In the event the Arbitrator finds a violation of the terms of this Agreement, the Arbitrator shall fashion an appropriate remedy. The Arbitrator shall be without power to make a decision contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. G. The Arbitrator shall submit in writing the decision within forty-five (45) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to a written extension thereof. The decision shall be based solely upon the Arbitrator’s interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. The decision shall be final and binding. Section 4. The Association will not expand upon the elements of the original grievance unless agreed to by both Parties. Nothing in this Section prohibits the Association from providing additional explanation of its position or context for the grievance during the process. Section 5. Time limits specified in this procedure must be observed, unless either party requests a specific extension of time, which, if agreed to, must be stipulated in writing and shall become part of the grievance record. The employee or Association may appeal a grievance to the next step if the Employer fails to meet timelines prescribed herein. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance record. Section 6. The Arbitrator’s fees and expenses shall be equally shared by the parties. Section 7. An employee shall be on paid status during their normal working hours to attend the following meetings: A. Investigatory interviews and pre-disciplinary meetings, in accordance with Article 4.1. B. Grievance meetings, mediation sessions, and arbitration hearings scheduled in accordance with Article 3.6.