Common use of Optional Electronic Filing of Grievances Clause in Contracts

Optional Electronic Filing of Grievances. a. Step 1 and Step 2 Complaints may be filed by email by the Chapter Grievance Representative, other Association officer, or an individual unit member provided that it is identified explicitly as a Step 1 or Step 2 Complaint and has the appropriate case number as assigned by the chapter (consolidated grievances may be filed by email by the Grievance Committee Chair on behalf of the Association President using the wording now used to identify them as consolidated grievances). b. The appropriate management representative shall acknowledge receipt by email. c. On or before the day of the Step 1 or Step 2 hearing, the grievant shall follow up with a signed paper copy of the complaint form, which shall include the correct grievance number and any relevant documents as required by the collective bargaining agreement. The management representative shall continue to notify the Chapter President of hearings scheduled with pro se grievants. d. The management grievance hearing officer at Step 1 or Step 2 may respond via email to an emailed grievance, sending it to the grievant and the Chapter Grievance Representative; and e. As soon as possible thereafter, the management hearing officer shall follow up with a paper copy of the decision. f. Either party, by giving written notice to the other, may discontinue the optional electronic filing of grievances that is permitted by this subsection 7. Save as is provided in Section G, a grievant shall initiate the grievance procedures of this Article by filing with the Vice President during the term of this Agreement or an extension thereof, a written notice that a grievance exists. The notice need not be in the form of a complaint, but need only briefly describe the subject of the grievance. No such notice may be filed more than ten (10) days from the date of occurrence of the event upon which the grievance is based or from the date when the grievant had or should have had knowledge of the event upon which the grievance is based. The filing date required hereunder shall be deemed to have been complied with by a postmark dated within the specified time limit. Within five (5) days after the receipt of such notice, the Vice President shall meet with the grievant and attempt to resolve the grievance. If within five

Optional Electronic Filing of Grievances. a. Step 1 and Step 2 Complaints grievances may be filed by email by the Chapter Grievance Representative, other Association officer, or an individual unit member provided that it is identified explicitly as a Step 1 or Step 2 Complaint grievance and has the appropriate case number as assigned by the chapter (consolidated grievances may be filed by email by the Grievance Committee Chair on behalf of the Association President using the wording now used to identify them as consolidated grievances). b. The appropriate management representative shall acknowledge receipt by email. c. On or before the day of the Step 1 or Step 2 hearing, the grievant shall follow up with a signed paper copy of the complaint grievance form, which shall include the correct grievance number and any relevant documents as required by the collective bargaining agreement. The management representative shall continue to notify the Chapter President of hearings scheduled with pro se grievants. d. The management grievance hearing officer at Step 1 or Step 2 may respond via email to an emailed grievance, sending it to the grievant and the Chapter Grievance Representative; and e. As soon as possible thereafter, the management hearing officer shall follow up with a paper copy of the decision. f. Either partyAll other communications between the parties may be exchanged electronically, by giving written notice and such electronic communications shall be considered to the other, may discontinue the optional electronic filing of grievances be “in writing” or “written” provided that is permitted by this subsection 7. Save as is provided in Section G, a grievant shall initiate the grievance procedures of this Article by filing with the paper copies can be made available. Step 1: The Vice President during the term of this Agreement or an extension thereof, (Informal) Step 2: The President (Formal) i. a written notice that a grievance exists. The notice need not be in the form of a complaint, but need only briefly describe the subject copy of the grievance; and ii. No such notice may be filed more than ten (10) days from all documents and evidence in the date of occurrence of the event grievant's possession and upon which the grievance is based grievant replies or from intends to rely as supporting the date when the grievant had or should have had knowledge grievant's claim for relief. All such documents and evidence so filed shall form a part of the event upon which grievance record. The President shall transmit a copy of the grievance to the Employee Relations Committee, to the Chair of the Council of Presidents and, unless the Association or the Chapter President, personally, is basedthe grievant, to the Chapter President. The filing date required hereunder shall be deemed to have been complied with by a postmark dated within the specified time limit. Within five (5) days after the receipt of such notice, the Vice President shall meet with the grievant to discuss the grievance within twenty- one (21) days after the filing of the grievance at Step 2. The President shall consider any grievance the resolution of which shall have been sought, pursuant to the terms set forth herein, through the prior Step of the grievance procedure; provided, however, that nothing herein contained shall be deemed to confer on the President jurisdiction to consider or remedy any claim that may not be processed as a grievance pursuant to this Article X. Within thirty (30) days after the filing of the grievance, the President shall make such determination as is prescribed in Section C(6) of this Article. The President shall render a written decision and shall set forth therein the President's determinations and the reasons therefor and the President's findings of fact, and shall provide a copy of such decision to the grievant, the Employee Relations Committee, the Chapter President and the Chair of the Council of Presidents. Such decision shall thereafter form a part of the grievance record. If the President shall have determined that an express provision of this Agreement has been breached in its application to the grievant as claimed, the President may, consistent with the terms of this Agreement, provide any appropriate remedy for such breach. Whenever the President shall have provided any remedy deemed appropriate, such remedy shall be set forth in writing in the President's decision. Such determination when so set forth in writing shall thereafter form a part of the grievance record. If the Association elects to proceed beyond Step 2, then within twenty-one (21) days after the expiration of the period provided under this Step 2 for resolution of the grievance, it shall file notice of such election with the President, the Chair of the Association Grievance Committee, and the designated representative of the Council of Presidents. This notice shall satisfy the requirements of Step 3 and the requirements of clauses (i) and (ii) in the first paragraph of Step 4; such notice may be filed electronically. As soon as practicable thereafter, the Association President shall follow up with a signed paper copy. If the Association elects to proceed to this Step, then following the receipt of such notice by the representative of the Council of Presidents, but not sooner than forty-five (45) days thereafter, the grievance will be addressed as soon as practicable. The Council and the Association shall reserve, at a minimum, the first Wednesday of each month, exclusive of January and February, for mediation of grievances at Step 3. Dates shall be determined at the beginning of each fiscal year falling within the terms of this Agreement. Mediation shall be conducted on a rotating basis by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Golick and such other mediators as the parties may agree. The expenses of the mediator shall be shared equally by the parties. Both parties shall insure that their representatives in mediation have the authority to enter into a settlement. Documents introduced before and during mediation shall be included in the grievance record. Statements made during mediation shall be off the record in order to encourage free discussion without injuring either party’s case if mediation is unsuccessful. The mediator shall not testify about the mediation in any arbitration conducted under this Article X or in any other adversarial proceeding or judicial forum. Each party shall maintain the confidentiality of mediation and shall not rely on or introduce as evidence in any other proceeding: i. views expressed or suggestions made by the other party with respect to the possible settlement of the grievance; ii. admissions made by the other party in the course of the mediation; iii. proposals made or views expressed by the mediator; and iv. the fact that the other party had or had not indicated willingness to accept a proposal for settlement or to continue these or any other mediation proceedings. The mediator does not have the authority to impose a settlement on the parties but will attempt to resolve help them reach a satisfactory resolution. Mediation shall conclude in one of the grievancefollowing ways: i. by the execution of a settlement agreement by the parties; or ii. If within fiveby a written declaration of the mediator, a party, or the parties to the effect that the mediation is concluded. After May 31, 2020, upon forty-five (45) days’ notice, either party may terminate this mediation procedure, after which Step 4 shall become Step 3.

Optional Electronic Filing of Grievances. a. Step 1 and Step 2 Complaints may be filed by email e-mail by the Chapter Grievance Representative, other Association officer, or an individual unit member provided that it is identified explicitly as a Step 1 or Step 2 Complaint and has the appropriate case number as assigned by the chapter (consolidated grievances may be filed by email e-mail by the Grievance Committee Chair on behalf of the Association President using the wording now used to identify them as consolidated grievances). b. The appropriate management representative shall acknowledge receipt by emaile-mail. c. On or before the day of the Step 1 or Step 2 hearing, the grievant shall follow up with a signed paper copy of the complaint form, which shall include the correct grievance number and any relevant documents as required by the collective bargaining agreement. The management representative shall continue to notify the Chapter President of hearings scheduled with pro se grievants. d. The management grievance hearing officer at Step 1 or Step 2 may respond via email e-mail to an emailed e-mailed grievance, sending it to the grievant and the Chapter Grievance Representative; and e. As soon as possible thereafter, the management hearing officer shall follow up with a paper copy of the decision. f. Either party, by giving written notice to the other, may discontinue the optional electronic filing of grievances that is permitted by this subsection 7. Save as is provided in Section G, a grievant shall initiate the grievance procedures of this Article by filing with the Vice President during the term of this Agreement or an extension thereof, a written notice that a grievance exists. The notice need not be in the form of a complaint, but need only briefly describe the subject of the grievance. No such notice may be filed more than ten (10) days from the date of occurrence of the event upon which the grievance is based or from the date when the grievant had or should have had knowledge of the event upon which the grievance is based. The filing date required hereunder shall be deemed to have been complied with by a postmark dated within the specified time limit. Within five (5) days after the receipt of such notice, the Vice President shall meet with the grievant and attempt to resolve the grievance. If within five

Optional Electronic Filing of Grievances. a. Step 1 and Step 2 Complaints grievances may be filed by email by the Chapter Grievance Representative, other Association officer, or an individual unit member provided that it is identified explicitly as a Step 1 or Step 2 Complaint grievance and has the appropriate case number as assigned by the chapter (consolidated grievances may be filed by email by the Grievance Committee Chair on behalf of the Association President using the wording now used to identify them as consolidated grievances). b. The appropriate management representative shall acknowledge receipt by email. c. On or before the day of the Step 1 or Step 2 hearing, the grievant shall follow up with a signed paper copy of the complaint grievance form, which shall include the correct grievance number and any relevant documents as required by the collective bargaining agreement. The management representative shall continue to notify the Chapter President of hearings scheduled with pro se grievants. d. The management grievance hearing officer at Step 1 or Step 2 may respond via email to an emailed grievance, sending it to the grievant and the Chapter Grievance Representative; and e. As soon as possible thereafter, the management hearing officer shall follow up with a paper copy of the decision. f. Either partyAll other communications between the parties may be exchanged electronically, by giving written notice and such electronic communications shall be considered to the other, may discontinue the optional electronic filing of grievances be “in writing” or “written” provided that is permitted by this subsection 7. Save as is provided in Section G, a grievant shall initiate the grievance procedures of this Article by filing with the paper copies can be made available. Step 1: The Vice President during the term of this Agreement or an extension thereof, (Informal) Step 2: The President (Formal) i. a written notice that a grievance exists. The notice need not be in the form of a complaint, but need only briefly describe the subject copy of the grievance; and ii. No such notice may be filed more than ten (10) days from all documents and evidence in the date of occurrence of the event grievant's possession and upon which the grievance is based grievant replies or from intends to rely as supporting the date when the grievant had or should have had knowledge grievant's claim for relief. All such documents and evidence so filed shall form a part of the event upon which grievance record. The President shall transmit a copy of the grievance to the Employee Relations Committee, to the Chair of the Council of Presidents and, unless the Association or the Chapter President, personally, is basedthe grievant, to the Chapter President. The filing date required hereunder shall be deemed to have been complied with by a postmark dated within the specified time limit. Within five (5) days after the receipt of such notice, the Vice President shall meet with the grievant to discuss the grievance within twenty- one (21) days after the filing of the grievance at Step 2. The President shall consider any grievance the resolution of which shall have been sought, pursuant to the terms set forth herein, through the prior Step of the grievance procedure; provided, however, that nothing herein contained shall be deemed to confer on the President jurisdiction to consider or remedy any claim that may not be processed as a grievance pursuant to this Article X. Within thirty (30) days after the filing of the grievance, the President shall make such determination as is prescribed in Section C(6) of this Article. The President shall render a written decision and shall set forth therein the President's determinations and the reasons therefor and the President's findings of fact, and shall provide a copy of such decision to the grievant, the Employee Relations Committee, the Chapter President and the Chair of the Council of Presidents. Such decision shall thereafter form a part of the grievance record. If the President shall have determined that an express provision of this Agreement has been breached in its application to the grievant as claimed, the President may, consistent with the terms of this Agreement, provide any appropriate remedy for such breach. Whenever the President shall have provided any remedy deemed appropriate, such remedy shall be set forth in writing in the President's decision. Such determination when so set forth in writing shall thereafter form a part of the grievance record. If the Association elects to proceed beyond Step 2, then within twenty-one (21) days after the expiration of the period provided under this Step 2 for resolution of the grievance, it shall file notice of such election with the President, the Chair of the Association Grievance Committee, and the designated representative of the Council of Presidents. This notice shall satisfy the requirements of Step 3 and the requirements of clauses (i) and (ii) in the first paragraph of Step 4; such notice may be filed electronically. As soon as practicable thereafter, the Association President shall follow up with a signed paper copy. If the Association elects to proceed to this Step, then following the receipt of such notice by the representative of the Council of Presidents, but not sooner than forty-five (45) days thereafter, the grievance will be addressed as soon as practicable. The Council and the Association shall reserve, at a minimum, the first Wednesday of each month, exclusive of January and February, for mediation of grievances at Step 3. Dates shall be determined at the beginning of each fiscal year falling within the terms of this Agreement. Mediation shall be conducted on a rotating basis by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Golick and such other mediators as the parties may agree. The expenses of the mediator shall be shared equally by the parties. Both parties shall insure that their representatives in mediation have the authority to enter into a settlement. Documents introduced before and during mediation shall be included in the grievance record. Statements made during mediation shall be off the record in order to encourage free discussion without injuring either party’s case if mediation is unsuccessful. The mediator shall not testify about the mediation in any arbitration conducted under this Article X or in any other adversarial proceeding or judicial forum. Each party shall maintain the confidentiality of mediation and shall not rely on or introduce as evidence in any other proceeding: i. views expressed or suggestions made by the other party with respect to the possible settlement of the grievance; ii. admissions made by the other party in the course of the mediation; iii. proposals made or views expressed by the mediator; and iv. the fact that the other party had or had not indicated willingness to accept a proposal for settlement or to continue these or any other mediation proceedings. The mediator does not have the authority to impose a settlement on the parties but will attempt to resolve help them reach a satisfactory resolution. Mediation shall conclude in one of the grievancefollowing ways: i. by the execution of a settlement agreement by the parties; or ii. If within fiveby a written declaration of the mediator, a party, or the parties to the effect that the mediation is concluded. After May 31, 2017, upon forty-five (45) days’ notice, either party may terminate this mediation procedure, after which Step 4 shall become Step 3.

Optional Electronic Filing of Grievances. a. Step 1 and Step 2 Complaints grievances may be filed by email by the Chapter Grievance Representative, other Association officer, or an individual unit member provided that it is identified explicitly as a Step 1 or Step 2 Complaint grievance and has the appropriate case number as assigned by the chapter (consolidated grievances may be filed by email by the Grievance Committee Chair on behalf of the Association President using the wording now used to identify them as consolidated grievances). b. The appropriate management representative shall acknowledge receipt by email. c. On or before the day of the Step 1 or Step 2 hearing, the grievant shall follow up with a signed paper copy of the complaint grievance form, which shall include the correct grievance number and any relevant documents as required by the collective bargaining agreement. The management representative shall continue to notify the Chapter President of hearings scheduled with pro se grievants. d. The management grievance hearing officer at Step 1 or Step 2 may respond via email to an emailed grievance, sending it to the grievant and the Chapter Grievance Representative; and e. As soon as possible thereafter, the management hearing officer shall follow up with a paper copy of the decision. f. Either partyAll other communications between the parties may be exchanged electronically, by giving written notice and such electronic communications shall be considered to the other, may discontinue the optional electronic filing of grievances be “in writing” or “written” provided that is permitted by this subsection 7. Save as is provided in Section G, a grievant shall initiate the grievance procedures of this Article by filing with the paper copies can be made available. Step 1: The Vice President during the term of this Agreement or an extension thereof, (Informal) Step 2: The President (Formal) i. a written notice that a grievance exists. The notice need not be in the form of a complaint, but need only briefly describe the subject copy of the grievance; and ii. No such notice may be filed more than ten (10) days from all documents and evidence in the date of occurrence of the event ▇▇▇▇▇▇▇▇'s possession and upon which the grievance is based grievant replies or from intends to rely as supporting the date when the grievant had or should have had knowledge grievant's claim for relief. All such documents and evidence so filed shall form a part of the event upon which grievance record. The President shall transmit a copy of the grievance to the Employee Relations Committee, to the Chair of the Council of Presidents and, unless the Association or the Chapter President, personally, is basedthe grievant, to the Chapter President. The filing date required hereunder shall be deemed to have been complied with by a postmark dated within the specified time limit. Within five (5) days after the receipt of such notice, the Vice President shall meet with the grievant to discuss the grievance within twenty- one (21) days after the filing of the grievance at Step 2. The President shall consider any grievance the resolution of which shall have been sought, pursuant to the terms set forth herein, through the prior Step of the grievance procedure; provided, however, that nothing herein contained shall be deemed to confer on the President jurisdiction to consider or remedy any claim that may not be processed as a grievance pursuant to this Article X. Within thirty (30) days after the filing of the grievance, the President shall make such determination as is prescribed in Section C(6) of this Article. The President shall render a written decision and shall set forth therein the President's determinations and the reasons therefor and the President's findings of fact, and shall provide a copy of such decision to the grievant, the Employee Relations Committee, the Chapter President and the Chair of the Council of Presidents. Such decision shall thereafter form a part of the grievance record. If the President shall have determined that an express provision of this Agreement has been breached in its application to the grievant as claimed, the President may, consistent with the terms of this Agreement, provide any appropriate remedy for such breach. Whenever the President shall have provided any remedy deemed appropriate, such remedy shall be set forth in writing in the President's decision. Such determination when so set forth in writing shall thereafter form a part of the grievance record. If the Association elects to proceed beyond Step 2, then within twenty-one (21) days after the expiration of the period provided under this Step 2 for resolution of the grievance, it shall file notice of such election with the President, the Chair of the Association Grievance Committee, and the designated representative of the Council of Presidents. This notice shall satisfy the requirements of Step 3 and the requirements of clauses (i) and (ii) in the first paragraph of Step 4; such notice may be filed electronically. As soon as practicable thereafter, the Association President shall follow up with a signed paper copy. If the Association elects to proceed to this Step, then following the receipt of such notice by the representative of the Council of Presidents, but not sooner than forty-five (45) days thereafter, the grievance will be addressed as soon as practicable. The Council and the Association shall reserve, at a minimum, the first Wednesday of each month, exclusive of January and February, for mediation of grievances at Step 3. Dates shall be determined at the beginning of each fiscal year falling within the terms of this Agreement. Mediation shall be conducted on a rotating basis by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Golick and such other mediators as the parties may agree. The expenses of the mediator shall be shared equally by the parties. Both parties shall insure that their representatives in mediation have the authority to enter into a settlement. Documents introduced before and during mediation shall be included in the grievance record. Statements made during mediation shall be off the record in order to encourage free discussion without injuring either party’s case if mediation is unsuccessful. The mediator shall not testify about the mediation in any arbitration conducted under this Article X or in any other adversarial proceeding or judicial forum. Each party shall maintain the confidentiality of mediation and shall not rely on or introduce as evidence in any other proceeding: i. views expressed or suggestions made by the other party with respect to the possible settlement of the grievance; ii. admissions made by the other party in the course of the mediation; iii. proposals made or views expressed by the mediator; and iv. the fact that the other party had or had not indicated willingness to accept a proposal for settlement or to continue these or any other mediation proceedings. The mediator does not have the authority to impose a settlement on the parties but will attempt to resolve help them reach a satisfactory resolution. Mediation shall conclude in one of the grievancefollowing ways: i. by the execution of a settlement agreement by the parties; or ii. If within fiveby a written declaration of the mediator, a party, or the parties to the effect that the mediation is concluded. After May 31, 2020, upon forty-five (45) days’ notice, either party may terminate this mediation procedure, after which Step 4 shall become Step 3.

Optional Electronic Filing of Grievances. a. Step 1 One and Step 2 Two Complaints may be filed by email e-mail by the Chapter Grievance Representative, other Association MSCA officer, or an individual unit member provided that it is identified explicitly as a Step 1 One or Step 2 Two Complaint and has the appropriate case number as assigned by the chapter (consolidated grievances may be filed by email e-mail by the Grievance Committee Chair on behalf of the Association President using the wording now used to identify them as consolidated grievances). b. The appropriate management representative shall acknowledge receipt by email.e-mail.‌‌‌‌ c. On or before the day of the Step 1 One or Step 2 Two hearing, the grievant shall follow up with a signed paper copy of the complaint form, which shall include the correct grievance number and any relevant documents as required by the collective bargaining agreement. The management representative shall continue to notify the Chapter President of hearings scheduled with pro se grievants. d. The management grievance hearing officer at Step 1 One or Step 2 Two may respond via email e-mail to an emailed e-mailed grievance, sending it to the grievant and the Chapter Grievance Representative; and e. As soon as possible thereafter, the management hearing officer shall follow up with a paper copy of the decision. f. Either party, by giving written notice to the other, may discontinue the optional electronic filing of grievances that is permitted by this subsection 7. Save as is provided in Section G, a grievant shall initiate the grievance procedures of this Article by filing with the Vice President during the term of this Agreement or an extension thereof, a written notice that a grievance exists. The notice need not be in the form of a complaint, but need only briefly describe the subject of the grievance. No such notice may be filed more than ten (10) days from the date of occurrence of the event upon which the grievance is based or from the date when the grievant had or should have had knowledge of the event upon which the grievance is based. The filing date required hereunder shall be deemed to have been complied with by a postmark dated within the specified time limit. Within five (5) days after the receipt of such notice, the Vice President shall meet with the grievant and attempt to resolve the grievance. If within fivefive (5) days after such meeting, the grievant and the Vice President shall have failed to agree upon a resolution of the grievance, the grievant may elect to proceed to Step 2; provided, however, that nothing herein contained shall be deemed to permit the making of any such election in respect of any claim to which this Article X, by the provisions of its Section H or otherwise, is of no application. If the grievant elects to proceed to this Step, then within seven (7) days after the expiration of the period provided under Step 1 for informal resolution of the grievance, the grievant shall file with the President: i. a complaint; and ii. all documents and evidence in the grievant's possession and upon which the grievant replies or intends to rely as supporting the grievant's claim for relief. All such documents and evidence so filed shall form a part of the grievance record. The President shall transmit a copy of the complaint to the Employee Relations Committee, to the Chair of the Council of Presidents and, unless the Association or the Chapter President, personally, is the grievant, to the Chapter President. The President shall meet with the grievant to discuss the grievance within fourteen