Common use of Other Provisions Relating to the Clause in Contracts

Other Provisions Relating to the. Grievance Procedure (cont’d) I. The investigation and hearing of grievances by a Union ▇▇▇▇▇▇▇ will be conducted during the regular working hours of the grievant(s). Stewards shall be allowed reasonable time off without loss of pay during regular shift hours for investigating grievances, however, each will first obtain verbal permission from his/her supervisor. Permission will not be unduly withheld by the supervisor. J. The commencing of legal proceedings against the District in a court of law or equity, or before PERC, the Department of Administrative Hearings (DOAH) or any other administrative agency, by an employee(s) or the SEIU/FPSU, for an alleged violation or violations of the express terms or this agreement shall be deemed a waiver by said employee(s), or SEIU/FPSU, of its/their right to resort to the grievance and arbitration procedure contained in this agreement for resolution of the alleged violation or violations of the express terms of this agreement. K. If the Parties are in dispute concerning the timeliness of filing or of appealing a grievance and the grievance is appealed to Level Four, the Parties agree to bifurcate the arbitration hearing to allow the issue of timeliness to be presented to the arbitrator first and then for the arbitrator to issue a bench ruling on this procedural threshold issue. If the timeliness procedural issue is found in favor of the Union/grievant, the hearing can proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considered dismissed. If the arbitrator determines he/she requires additional time (more than an hour) to consider the timeliness procedural issue and elects not to issue a bench ruling on this threshold issue, the arbitration proceedings will be adjourned to allow the arbitrator the time necessary to make this determination and he/she may rely on briefs submitted by the Parties relating to this threshold procedural issue. If the timeliness procedural issue is found in favor of the Union/grievant, the grievance hearing will be reconvened to proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considered dismissed.

Other Provisions Relating to the. Grievance Procedure (cont’d) E. Nothing in this agreement shall prevent the SEIU/FPSU or an individual grievant who is not represented by SEIU/FPSU from withdrawing the grievance at any step of the process with prejudice. A grievance, once withdrawn may not be refiled without the mutual written agreement between the District and SEIU/FPSU. F. Failure of the grievant to proceed with the grievance within the timelines herein stipulated shall result in the dismissal of the grievance. A dismissed grievance may not be refiled without the mutual written agreement between the District and SEIU/FPSU. Failure of the District or its representative to take the required action within the times provided shall entitle the grievant to proceed to the next step of this grievance procedure. G. The grievant may have representatives at any level above the informal level of the grievance procedure. However, the grievant must be present at these hearings. ▇. The Parties acknowledge that, as a principle of interpretation, employees are obligated to work, as directed while grievances are pending. I. The investigation and hearing of grievances by a Union ▇▇▇▇▇▇▇ will be conducted during the regular working hours of the grievant(s). Stewards shall be allowed reasonable time off without loss of pay during regular shift hours for investigating grievances, ; however, each will first obtain verbal permission from his/her supervisor. Permission will not be unduly withheld by the supervisor. J. The commencing of legal proceedings against the District in a court of law or equity, or before PERC, the Department of Administrative Hearings (DOAH) or any other administrative agency, by an employee(s) or the SEIU/FPSU, for an alleged violation or violations of the express terms or this agreement shall be deemed a waiver by said employee(s), or SEIU/FPSU, of its/their right to resort to the grievance and arbitration procedure contained in this agreement for resolution of the alleged violation or violations of the express terms of this agreement. K. If the Parties are in dispute concerning the timeliness of filing or of appealing a grievance and the grievance is appealed to Level Four, the Parties agree to bifurcate the arbitration hearing to allow the issue of timeliness to be presented to the arbitrator first and then for the arbitrator to issue a bench ruling on this procedural threshold issue. If the timeliness procedural issue is found in favor of the Union/grievant, the hearing can proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considered dismissed. If the arbitrator determines he/she requires additional time (more than an hour) to consider the timeliness procedural issue and elects not to issue a bench ruling on this threshold issue, the arbitration proceedings will be adjourned to allow the arbitrator the time necessary to make this determination and he/she may rely on briefs submitted by the Parties relating to this threshold procedural issue. If the timeliness procedural issue is found in favor of the Union/grievant, the grievance hearing will be reconvened to proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considered dismissed.timeliness

Other Provisions Relating to the. Grievance Procedure (cont’d) E. Nothing in this agreement shall prevent the SEIU/FPSU or an individual grievant who is not represented by SEIU/FPSU from withdrawing the grievance at any step of the process with prejudice. A grievance, once withdrawn may not be refiled without the mutual written agreement between the District and SEIU/FPSU. F. Failure of the grievant to proceed with the grievance within the timelines herein stipulated shall result in the dismissal of the grievance. A dismissed grievance may not be refiled without the mutual written agreement between the District and SEIU/FPSU. Failure of the District or its representative to take the required action within the times provided shall entitle the grievant to proceed to the next step of this grievance procedure. G. The grievant may have representatives at any level above the informal level of the grievance procedure. However, the grievant must be present at these hearings. H. The Parties acknowledge that, as a principle of interpretation, employees are obligated to work, as directed while grievances are pending. I. The investigation and hearing of grievances by a Union ▇▇▇▇▇▇▇ will be conducted during the regular working hours of the grievant(s). Stewards shall be allowed reasonable time off without loss of pay during regular shift hours for investigating grievances, ; however, each will first obtain verbal permission from his/her supervisor. Permission will not be unduly withheld by the supervisor. J. The commencing of legal proceedings against the District in a court of law or equity, or before PERC, the Department of Administrative Hearings (DOAH) or any other administrative agency, by an employee(s) or the SEIU/FPSU, for an alleged violation or violations of the express terms or this agreement shall be deemed a waiver by said employee(s), or SEIU/FPSU, of its/their right to resort to the grievance and arbitration procedure contained in this agreement for resolution of the alleged violation or violations of the express terms of this agreement. K. If the Parties are in dispute concerning the timeliness of filing or of appealing a grievance and the grievance is appealed to Level Four, the Parties agree to bifurcate the arbitration hearing to allow the issue of timeliness to be presented to the arbitrator first and then for the arbitrator to issue a bench ruling on this procedural threshold issue. If the timeliness procedural issue is found in favor of the Union/grievant, the hearing can proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considered dismissed. If the arbitrator determines he/she requires additional time (more than an hour) to consider the timeliness procedural issue and elects not to issue a bench ruling on this threshold issue, the arbitration proceedings will be adjourned to allow the arbitrator the time necessary to make this determination and he/she may rely on briefs submitted by the Parties relating to this threshold procedural issue. If the timeliness procedural issue is found in favor of the Union/grievant, the grievance hearing will be reconvened to proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considered dismissed.timeliness

Other Provisions Relating to the. Grievance Procedure (cont’d) E. Nothing in this agreement shall prevent the SEIU/FPSU or an individual grievant who is not represented by SEIU/FPSU from withdrawing the grievance at any step of the process with prejudice. A grievance, once withdrawn may not be refiled without the mutual written agreement between the District and SEIU/FPSU. F. Failure of the grievant to proceed with the grievance within the timelines herein stipulated shall result in the dismissal of the grievance. A dismissed grievance may not be refiled without the mutual written agreement between the District and SEIU/FPSU. Failure of the District or its representative to take the required action within the times provided shall entitle the grievant toproceed to the next step of this grievance procedure. G. The grievant may have representatives at any level above the informal level of the grievance procedure. However, the grievant must be present at these hearings. H. The Parties acknowledge that, as a principle of interpretation, employees are obligated to work, as directed while grievances are pending. I. The investigation and hearing of grievances by a Union ▇▇▇▇▇▇▇ will be conducted during the regular working hours of the grievant(s). Stewards shall be allowed reasonable time off without loss of pay during regular shift hours for investigating grievances, ; however, each will first obtain verbal permission from his/her supervisor. Permission will not be unduly withheld by the supervisor. J. The commencing of legal proceedings against the District in a court of law or equity, or before PERC, the Department of Administrative Hearings (DOAH) or any other administrative agency, by an employee(s) or the SEIU/FPSU, for an alleged violation or violations of the express terms or this agreement shall be deemed a waiver by said employee(s), or SEIU/FPSU, of its/their right to resort to the grievance and arbitration procedure contained in this agreement for resolution of the alleged violation or violations of the express terms of this agreement. K. If the Parties are in dispute concerning the timeliness of filing or of appealing a grievance and the grievance is appealed to Level Four, the Parties agree to bifurcate the arbitration hearing to allow the issue of timeliness to be presented to the arbitrator first and then for the arbitrator to issue a bench ruling on this procedural threshold issue. If the timeliness procedural issue is found in favor of the Union/grievant, the hearing can proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considered dismissed. If the arbitrator determines he/she requires additional time (more than an hour) to consider the timeliness procedural issue and elects not to issue a bench ruling on this threshold issue, the arbitration proceedings will be adjourned to allow the arbitrator the time necessary to make this determination and he/she may rely on briefs submitted by the Parties relating to this threshold procedural issue. If the timeliness procedural issue is found in favor of the Union/grievant, the grievance hearing will be reconvened to proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considered dismissed.