Common use of Procedure for Grievances Clause in Contracts

Procedure for Grievances. The following procedures shall apply tothe 19 a. Except at Step 1, all grievances shall include the name and position of 20 the grievant, the identity of the provisions of this Agreement involved 21 in the grievance; the time and place where the alleged events or 22 conditions giving rise to the grievance took place, the identity of the 23 party responsible for causing the said grievance, if known to the 24 grievant, and a general statement of the nature of the grievance and 27 b. Except at Step 1, all decisions shall be rendered in writing at each 28 step of the grievance procedure. Each decision shall be transmitted 31 c. Nothing contained herein shall be construed as limiting theright of any 32 employee having a grievance to discuss the matter informally with any 33 appropriate member of the administration and having said matter 34 informally adjusted without theintervention of the OPBA, provided that 35 the adjustment is not inconsistent with the terms of this Agreement. In 36 the event that the grievance is adjusted without formal determination, 37 pursuant to this procedure, while such adjustment shall be binding 38 upon the grievant and shall, in all respects, be final, said adjustment 39 shall not create a precedent or ruling binding upon the parties in future 40 proceedings. 41 42 d. Where a group of bargaining unit members desire to file a grievance 43 for a situation affecting more than one (1) member of the bargaining 44 unit in a similar manner, one (1) member should be selected to sign 45 and file the grievance and each member who desires to be included 1 e. The grievant may request an OPBA representativeto represent him at 4 f. The time limits provided herein will be strictly adhered to and any 5 grievance not filed initially or appealed within the specified time limits 6 will be deemed waived and void. If the Employer fails to reply within 7 the specified time limit, the grievance shall automatically be advanced 8 to the next step. The time limits specified for either party may be 11 g. This procedure shall not be used for the purposes of adding to, 12 subtracting from or altering in any way any of the provisions of this 13 Agreement.

Procedure for Grievances. The following procedures shall apply totheto the administration of all grievances filed under this procedure: 19 a. Except at Step 1, all grievances shall include the name and position of 20 the grievant, the identity of the provisions of this Agreement involved 21 in the grievance; the time and place where the alleged events or 22 conditions giving rise to the grievance took place, the identity of the 23 party responsible for causing the said grievance, if known to the 24 grievant, and a general statement of the nature of the grievance andand the redress sought by the grievant. 27 b. Except at Step 1, all decisions shall be rendered in writing at each 28 step of the grievance procedure. Each decision shall be transmittedtransmitted to the grievant and his representative, if any. 31 c. Nothing contained herein shall be construed as limiting theright the right of any 32 employee having a grievance to discuss the matter informally with todiscuss thematterinformallywith any 33 appropriate member of the administration and having said matter 34 informally adjusted without theintervention the intervention of the OPBA, provided that 35 the adjustment is not inconsistent with the terms of this Agreement. In 36 the event that the grievance is adjusted without formal determination, 37 pursuant to this procedure, while such adjustment shall be binding 38 upon the grievant and shall, in all respects, be final, said adjustment 39 shall not create a precedent or ruling binding upon the parties in future 40 proceedings. 41. 42 d. Where a group of bargaining unit members desire to file a grievance 43 for a situation affecting more than one (1) member of the bargaining 44 unit in a similar manner, one (1) member should be selected to sign 45 and file the grievance and each member who desires to be includedincluded in the grievance shall be listed on the one (1) grievance. 1 e. The grievant may request an OPBA representativeto represent him atat any step of the grievance procedure after Step 1. 4 f. The time limits provided herein will be strictly adhered to and any 5 grievance not filed initially or appealed within the specified time limits 6 will be deemed waived and void. If the Employer fails to reply within 7 the specified time limit, the grievance thegrievance shall automatically be advanced 8 to the next step. The time limits specified for either party may bebe extended only by written mutual agreement. 11 g. This procedure shall not be used for the purposes of adding to, 12 subtracting from or altering in any way any of the provisions of this 13 Agreement.

Procedure for Grievances. (a) Step I (Immediate Supervisor) The following procedures employee shall apply tothe 19 a. Except at Step 1, all grievances shall include notify the name and position immediate supervisor of 20 the grievant, the identity a grievance within fifteen business days of the provisions date upon which the employee could have reasonably been aware of this Agreement involved 21 in the grievance; occurrence of the time and place where the alleged events or 22 conditions giving matter which gave rise to the grievance. The grievance took placemay be made orally, the identity of the 23 party responsible for causing the said grievance, if known to the 24 grievant, but must be followed up in a written manner and a general statement of the nature of the grievance and 27 b. Except at Step 1, all decisions shall must be rendered in writing at each 28 step of the grievance procedure. Each decision shall be transmitted 31 c. Nothing contained herein shall be construed identified as limiting theright of any 32 employee having a grievance to discuss by the matter informally with any 33 appropriate member of the administration and having said matter 34 informally adjusted without theintervention of the OPBA, provided that 35 the adjustment is not inconsistent with the terms of this Agreement. In 36 the event that the grievance is adjusted without formal determination, 37 pursuant to this procedure, while such adjustment shall be binding 38 upon the grievant and shall, in all respects, be final, said adjustment 39 shall not create a precedent or ruling binding upon the parties in future 40 proceedings. 41 42 d. Where a group of bargaining unit members desire to file a grievance 43 for a situation affecting more than one (1) member of the bargaining 44 unit in a similar manner, one (1) member should be selected to sign 45 and file the grievance and each member who desires to be included 1 e. The grievant may request an OPBA representativeto represent him at 4 f. The time limits provided herein will be strictly adhered to and any 5 grievance not filed initially or appealed within the specified time limits 6 will be deemed waived and voidemployee. If the Employer fails to reply within 7 grievance involves an action by the specified time limitimmediate supervisor, the Step I filing may be made exclusively with the supervisor’s supervisor. If the grievance involves an action by the Court Manager, it may be initially filed at Step II. i. Within 5 days of the submission of the grievance, the grievance shall automatically be advanced 8 discussed informally by the aggrieved employee with the immediate supervisor and the Court Manager. The immediate supervisor and the Court Manager shall notify the employee in writing of the decision within five business days after the discussion of the grievance. ii. Step I may be waived by procedures in Subsection 4 of this Article if the level of review is inappropriate to the next steptype of grievance. (b) Step II (Court Administrator's Office Level) i. If no satisfactory settlement is reached at Step I or the responding supervisor does not respond to the grievance, the grievance shall be presented in writing to the Court Administrator. The submission must occur within five business days after the receipt of the Step I decision, otherwise the matter shall be considered closed. If Step I is by-passed for reasons above specified, the grievance must be submitted in writing to the Court Administrator within the time limits limit specified for either party a Step I submission. The submission of the grievance should also contain a request for a hearing if so desired. ii. If a Step II grievance hearing is requested, the Court Administrator or designee shall hold the hearing within ten business days from receipt of the grievance unless a satisfactory solution can be agreed to before such hearing. The hearing shall be conducted informally. Within ten (10) business days of the hearing, the Court Administrator or designee shall notify the aggrieved employee and the VSEA of the decision in writing. If the grievance involves an action taken by the Court Administrator, the grievance shall be heard instead by the Chief Administrative Judge or his/her designee. iii. If no Step II grievance hearing is requested, the hearing authority shall notify the aggrieved employee and the VSEA of the decision in writing within ten (10) business days after the receipt of the Step II grievance. iv. The hearing authority may interview any witness or review any materials which may have a bearing on the grievance without resorting to a grievance hearing unless such a hearing has been requested. (c) Step III (VLRB Level) If the grievance is not satisfactorily resolved at the level of the Court Administrator it may be appealed by the grievant or the VSEA to the Vermont Labor Relations Board (VLRB). If the grievance relates to the dismissal of a covered employee who has attained permanent status, it shall be initiated with the VLRB. A filing at this level must be made within thirty (30) days of the Step II decision or the dismissal of the employee, whichever the case may be 11 g. This procedure shall not be used for the purposes of adding to, 12 subtracting from or altering in any way any . The decision of the provisions VLRB shall be final and binding, except that questions of this 13 Agreementlaw may be appealed to the Vermont Supreme Court. By mutual agreement of the parties, the Step III appeal may be to final and binding arbitration under the labor relations rules of the American Arbitration Association, subject to the standards set forth in the Vermont Arbitration Act, Title 12 V.S.A. Chapter 192 as the same may be amended from time to time, in lieu of an appeal to the VLRB. Any administrative costs associated with Step III appeals will be shared equally by the parties.