Overtime Scheduling Provisions of this language is supplemented by the National Agreement as long as the National Agreement is in effect. See Exhibit, 1.H.3 “Mandatory Overtime Documents.” 907 Scheduled overtime shall be offered by classification seniority within the licensed pharmacy. Unscheduled overtime shall be offered by classification seniority to those employees present when the need for overtime arises. Unclaimed overtime whether scheduled or unscheduled, before being assigned to the least senior employee(s) within a classification who shall be required to work the overtime, will first be offered by bargaining unit seniority to any member of the bargaining unit within the licensed pharmacy who can perform the work. 908 Job Posting 909 Notices of all job openings within the bargaining unit shall be posted by the Employer by the usual and customary job posting process. The job posting notice may include special qualifications for the classification, and will be posted concurrently internally and externally for a minimum of seven (7) calendar days with the exact beginning and ending posting date. 910 Bidding on Posted Openings 911 After completion of an initial probationary period of at least ninety (90) calendar days in a position, employees shall be allowed to electronically submit a request through the Employer’s usual and customary job bidding process for posted jobs for posted jobs in higher-rated or lateral classifications available within their Area Pharmacy Operation. Where two (2) or more employees have submitted requests for the same job, seniority, as defined in Paragraphs 902 and 912, shall prevail where qualifications to perform the work of the new job are relatively equal. Where the seniority of two (2) or more employees bidding for the job opening is the same, the date of the individual employee’s original employment application shall be used to determine the senior employee. If an issue of seniority remains, representatives of the parties will meet to resolve the matter. An employee may be denied an opening regardless of seniority, if said employee has a current Final Warning in file. 912 Seniority for bidding on any posted opening within the bargaining unit shall prevail first by classification seniority within the Area Pharmacy Operation where openings exist, then to employees by bargaining unit seniority within the Area Pharmacy Operations. Thereafter, employees by classification seniority at any licensed pharmacy within the Southern California Region and finally employees by bargaining unit seniority at any licensed pharmacy within the Southern California Region will be considered for any posted opening provided a request form is on file with the Area Personnel Office prior to the end of the posting period. Employees who successfully bid on a posted position shall not be unreasonably delayed in assuming the new position. 913 Employees who move to a posted opening shall have a trial period of not less than ninety (90) calendar days. During such ninety (90) day trial period, the employee shall be given thorough instruction and proper orientation in the new work and shall be given an evaluation by the Employer between the fortieth (40th) and fiftieth (50th) day from the date in the new position. After such trial period, if the employee is unable to perform the duties of the new position satisfactorily said employee will be restored to the position immediately held prior to the new position without discrimination. During the trial period, an employee may be restored to their former position where it is determined that clear and present danger exists by allowing said employee to remain in the new position. An employee who is voluntarily reassigned pursuant to Article IX shall have seven (7) calendar days to change their mind and upon written request, shall be returned to their former position. This right shall be available only once during the term of the agreement. If additional circumstances occur, the Union and the Company will meet and confer. 914 For bidding and reduction in force purposes only, the Antelope Valley pharmacy locations will be considered as an Area Pharmacy Operation. 915 Temporary Position 916 If a position opens on a temporary basis, it will be treated as any job opening for bidding purposes. When a temporary position ceases to exist, the employee holding the position will return to his or her former job and employees displaced as a consequence can similarly return to their former position. If a temporary position becomes permanent, it must be posted as a permanent job. Employees awarded a temporary position will not accumulate classification seniority and will not have area seniority while assigned to said position, but will retain and continue to accumulate classification seniority and will maintain area seniority on his or her permanent position. 917 Reduction in Force 918 Where inconsistent this language is supplemented by the National Employment Income Security Agreement as long as the National Agreement is in effect. 919 Reduction in force will be accomplished by classification and status within each licensed pharmacy.
Escalation Procedure Tentative Rates for those species and products listed in A4a are subject to quarterly escalation in accordance with the following pro- cedures: The calendar quarter index average for each price index described in A5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in A4a shall be the basis for quarterly escalation. To arrive at Current Contract Rates for timber Scaled during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, except when the calendar quarter index average is: (a) Less than the Base Index, the reduction shall not result in a rate below Base Rate or (b) Greater than the Base Index, the increase shall not exceed the difference between Tentative Rate and Base Rate. In the event of Contract Term Extension, the escala- tion procedure will be used during the extension period, except that adjusted payment rates for any calendar quar- ter cannot be less than Tentative Rates, for each species and product group, established under B8.23 for the ex- tension period.
Complaint Procedure Section 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.
000 GRIEVANCE PROCEDURE 7. 100 It is agreed that it is the spirit and intent of this Agreement to adjust grievances promptly. All grievances, including discharge for just cause, but not those pertaining to jurisdictional disputes that may arise on any work covered by this Agreement, must be initiated within fifteen (15) working days of the incident by either the employee in Step I or the Local Union in Step II and shall be handled in the following manner:
ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.