Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows: STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented. STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting. STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting. STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable Procedure for Verbal and Written Reprimands
A) For Verbal and Written Reprimands, if an employee commits an infraction and his immediate supervisor to resolve problems through free and informal communications. Ifa counseling is not utilized, however, the informal process does not resolve the matter, the grievance he or she will be processed as follows:
STEP 1: Any Employee who has given a grievance shall submit Verbal Reprimand and be placed in Step One of the grievance in writing disciplinary procedure. A copy of the reprimand will be given to the employee's immediate on-duty supervisor , the Union representative, and the Union President. A Verbal Reprimand must be served within fifteen (15) workdays of the rank City having gained knowledge of sergeant the infraction. the employee will be notified in writing of the pending charges and the date, time and location of the meeting to discuss the infraction. The reprimand It should be served done in a private manner which would not cause embarrassment to the employee.
B) For Written Reprimands, if an employee commits an infraction within twelve (12) months of a Verbal Reprimand, he or highershe will be given a Written Reprimand and be placed in Step Two of the disciplinary procedure. A copy of the reprimand will be given to the employee, specifically indicating that the Union representative, and the Union President. A Written Reprimand must be served within fifteen (15) workdays of the City having gained knowledge of the infraction. The reprimand should be served in a private manner which would not cause embarrassment to the employee. The Local 2058 President, Vice President, or Chief ▇▇▇▇▇▇▇ or designee shall be notified of the meeting at which the reprimand is to be discussed and served. Preferably the meeting should occur within five (5) workdays after knowledge of the infraction is gained; but in no case more than fifteen (15) workdays thereafter.
C) The Union President, Vice President, Chief ▇▇▇▇▇▇▇, or designee is to be present along with the employee, the Division head and any other necessary management personnel. The employee may not waive the presence of the Union President, Vice President, Chief ▇▇▇▇▇▇▇, or designee. CD) Reprimands may be appealed to Step Two of the grievance procedure. A meeting to review the matter is to be held within ten (10) workdays, with a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or decision due within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievanceten (10) workdays thereafter. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance No further appeal is presentedpermitted.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor are encouraged to resolve problems through free and informal communicationsdiscussions any grievances as defined herein. IfWhen specifically requested by the employee, however, a CMAGE/CWA representative may accompany the employee to assist in the informal process does resolution of the grievance. Such informal discussions are not resolve to be construed as a part of the mattergrievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance will shall be processed as follows:according to the following procedure.
STEP (1: Any Employee who has ) If the employee or CMAGE/CWA is unable to resolve a grievance shall submit informally, a written statement of the grievance in writing shall be prepared, signed by the Grievant and delivered to the aggrieved employee's immediate on-duty supervisor of Appointing Authority or designee within fourteen (14) days after the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the first event giving rise to the grievance or within seven fourteen (714) calendar days after the employeeemployee or CMAGE/CWA, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor An employee grievant shall render deliver a copy of the written response grievance to the CMAGE/CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is based and the specific relief requested.
(2) After the written grievance is submitted, the Appointing Authority or designee shall meet with the grievant within seven ten (710) calendar days after receipt of the grievance. A CMAGE/CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CMAGE/CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the President of the Union within ten (10) days after the grievance is presented.
STEP 2hearing. Second Step: If the grievance is not settled satisfactorily resolved at Step 1 and the employee wishes to appeal First Step, the grievant and/or the Union may submit the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief Director of Human Resources or designee, within seven ten (710) calendar days after receipt of the City's answer at First Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chiefanswer, or within ten (10) days of when the Police Chief's designeeFirst Step answer was due, shall investigate the grievance and, in the course whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, Human Resources or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union President or the Vice-President, and/or a representative of CWA within ten (not to exceed three (3)10) within seven (7) calendar days of after receipt of the Uniongrievance. The Director of Human Resources or designee, after consultation with the grievant's appeal. If no agreement is reachedAppointing Authority or designee, the City Manager or the City Manager's designee shall submit give a written answer to the grievant and President of the Union within seven ten (710) calendar days following after the meetinghearing.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an Step 1. An employee and his union representative having a grievance must meet with his immediate supervisor to resolve problems through free and informal communicationsfor a simple direct decision, if possible. If, however, the informal process If “Step 1” does not resolve the mattergrievance, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a will issue his written response answer to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with City business days. Nothing in this agreement prohibits the Union from filing a grievance on a member’s behalf.
Step 2. If the grievant and an authorized representative of desires to further process the Union at a time mutually agreeable grievance, it shall be referred in writing to the parties. If no settlement of the grievance is reached, the Deputy Police Fire Chief, shall provide a written answer to the grievant and the Union or his designee, within seven (7) calendar City business days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at “Step 21” response. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Fire Chief, or the Police Chief's his designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union his union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar City business days of receipt of the Union's appealreferral. The Fire Chief, or his designee, shall issue his written answer to the grievance within ten (10) City business days of receipt of the grievance referral.
Step 3. If no agreement is reachedthe grievant desires to further process the grievance, the City Manager or grievance may be referred in writing to the City Manager's designee , or his designee, within seven (7) City business days of the receipt of the “Step 2” response. The City Manager, or his designee, shall submit meet with the grievant and/or his representatives within seven (7) City business days of receipt of the referral. The City Manager, or his designee, shall issue a written answer to the grievant and Union grievance within seven ten (710) calendar City business days following of receipt of the meetinggrievance referral. If the Fire Chief, or the City Manager, appoints a designee under this Section, the designee shall not be the same supervisor who issued the prior written answer at the previous step, provided, however, that the informal meeting provided for in Section 5.2 does not prohibit any supervisor from participating in the later grievance procedure steps.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for (a) When an employee and his immediate supervisor is to resolve problems through free and informal communications. If, howeverbe disciplined, the informal process does not resolve Division Head or Department Head shall have the mattercharges against the employee reduced to writing, with one (1) copy to be delivered to the grievance will employee and one (1) copy to be processed as follows:
STEP delivered to the Chief ▇▇▇▇▇▇▇, and one (1: Any Employee who has a grievance ) copy to be delivered to the local Union business agent's office. Delivery to the employee shall submit be defined to have occurred if the grievance in writing charges are hand-delivered, or mailed to the employee's immediate on-duty supervisor residence. Where resort to U.S. mail occurs, the date of the rank posting shall control and a written certification shall be provided to the hearing officer stating the date of sergeant or higher, specifically indicating that the matter is a grievance under this Agreementmailing and address to which mailed. The grievance employee's last known address shall contain be utilized. Charges must be brought and delivered as described above within ten (10) workdays (Monday through Friday) from the first day after the City had knowledge of the infraction, unless an employee's work related activities are being challenged through litigation, any disciplinary action that could be considered by the City may be deferred pending the conclusion of litigation. The hearing shall be held by the City's designated hearing officer on a complete statement of facts, date and time mutually agreed upon but no more than ten (10) workdays (Monday through Friday) after the provision or provisions of this Agreement which are alleged to charges have been violatedserved on the employee. In the event the City hearing cannot be held because of the absence of the employee, business agent, division or department head, then it shall be held within five (5) ten (10) workdays (Monday through Friday) after the return of the employee, business agent, and/or division or department head.
(b) Charges shall be preferred by the individual originally lodging them, and the relief requestedDesignee of the City shall serve as the Hearing Officer.
(c) The employee shall have the right to be represented at such hearing by the Union. Preparation The bargaining representative shall have the right to attend any such hearing held where an employee included in the jurisdiction of these written materials the bargaining unit is involved.
(d) The employee shall not be done during presumed to be innocent and the burden shall be on the employer to show fault by the evidence presented at the hearing. The employee or his representative shall have the right to confront and question the accuser, the right to call and examine witnesses in the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from behalf, the event giving rise right to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 all pertinent records made available and the employee wishes right to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide file a written answer to the grievant charges, within five (5) work days (Monday through Friday) following the day of the hearing.
(e) The designee of the City shall hear only the evidence in support of the charges and only the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The designee of the City shall make a recommendation to the Mayor on the case within ten (10) workdays (Monday through Friday) following the closing of the hearing.
(f) In appropriate cases, referral to the Employee's Service Program may be considered as an alternative to immediate disciplinary action.
(g) If the recommendation of the designee of the City is for dismissal or demotion, the Mayor shall then review the matter with the parties and render a fair and just decision based on the discussion at that hearing.
(h) Penalties imposed as a result of the hearing shall be in compliance with the Progressive Disciplinary Procedure in Section 2121.27 (Progressive Disciplinary Procedures).
(i) An employee and the Union within seven (7) calendar days following their meeting.
STEP 3: If has the grievance is not settled at Step 2 and the employee wishes option to appeal the grievance go directly to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, arbitration or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingCivil Service Commission.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor are encouraged to resolve problems through free and informal communicationsdiscussions any grievances as defined herein. IfWhen specifically requested by the employee, however, a CMAGE/CWA representative may accompany the employee to assist in the informal process does resolution of the grievance. Such informal discussions are not resolve to be construed as a part of the mattergrievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance will shall be processed as followsaccording to the following procedure. First Step:
STEP (1: Any Employee who has ) If the employee or CMAGE/CWA is unable to resolve a grievance shall submit informally, a written statement of the grievance in writing shall be prepared, signed by the Grievant and delivered to the aggrieved employee's immediate on-duty supervisor of Appointing Authority or designee within fourteen (14) days after the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the first event giving rise to the grievance or within seven fourteen (714) calendar days after the employeeemployee or CMAGE/CWA, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor An employee grievant shall render deliver a copy of the written response grievance to the CMAGE/CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is based and the specific relief requested.
(2) After the written grievance is submitted, the Appointing Authority or designee shall meet with the grievant within seven ten (710) calendar days after receipt of the grievance. A CMAGE/CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CMAGE/CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the President of the Union within ten (10) days after the grievance is presented.
STEP 2hearing. Second Step: If the grievance is not settled satisfactorily resolved at Step 1 and the employee wishes to appeal First Step, the grievant and/or the Union may submit the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief Director of Human Resources or designee, within seven ten (710) calendar days after receipt of the City's answer at First Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chiefanswer, or within ten (10) days of when the Police Chief's designeeFirst Step answer was due, shall investigate the grievance and, in the course whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, Human Resources or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union President or the Vice-President, and/or a representative of CWA within ten (not to exceed three (3)10) within seven (7) calendar days of after receipt of the Uniongrievance. The Director of Human Resources or designee, after consultation with the grievant's appeal. If no agreement is reachedAppointing Authority or designee, the City Manager or the City Manager's designee shall submit give a written answer to the grievant and President of the Union within seven ten (710) calendar days following after the meetinghearing.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor agree to act in good faith to attempt to resolve problems through free the grievance promptly and informal communicationsexpeditiously. IfAll grievances must be submitted in writing using the grievance form found in Appendix H, howeverstating the facts of the complaint, the informal process does not resolve section(s) of this Agreement involved and the matter, relief requested at the appropriate initial step. All grievances must progress through the appropriate steps in order to be considered unless the parties mutually agree in writing to file a grievance will at an advanced step. A grievance shall be processed as followsin the following manner:
STEP 1: Any Employee Step 1 - After verbal notification to their immediate supervisor, any grievant who has a grievance shall submit the grievance same in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven supervising Lieutenant within five (7) calendar days from the event giving rise to the grievance or within seven (75) calendar days after the employeegrievant knows, or through the use exercise of reasonable diligence, could should have obtained knowledge of the first occurrence known of the event giving rise to the grievance. The immediate supervisor supervising Lieutenant shall render give a written response to the grievant answer within seven three (73) calendar scheduled work days after receipt of the grievance is presentedgrievance.
STEP 2: Step 2 - If the grievance is not settled at in Step 1 and an Officer or the employee Association wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted referred in writing to the Deputy Police Chief within seven three (73) calendar days of the response, from the supervising Lieutenant. Each Step 2 grievance shall be signed by the Police Officer or Association ▇▇▇▇▇▇▇. The Police Chief, or designated representative, shall discuss the grievance with the Officer, the Association's designated representative and any additional persons the parties deem necessary within five (5) calendar days after receipt of the Citygrievance. The Police Chief shall give a written answer to the grievance within five (5) calendar days of the meeting.
Step 3 - If the grievance is not settled in Step 2 and the Association wishes to appeal, it shall be referred in writing to the City Manager and/or a designated representative within three (3) calendar days after the Association Grievance Committee's approval of an appeal but in no event more than ten (10) days after the Police Chief's answer at Step 12. The grievance A meeting between the City Manager and/or representative, the Police Officer, and the Association's designated representative shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union held at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, This meeting shall provide a written answer to the grievant and the Union within seven be held not later than ten (710) calendar days following their after the grievance has been filed with the City Manager. Should the Association fail to attend the scheduled meeting.
STEP 3: , the grievance will be considered waived. If the grievance is not settled at Step 2 and as a result of such a meeting, the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it settlement shall be submitted in reduced to writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred signed by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee , or his representative, and the Police Chief or other appropriate individual(s) as desired by the Association. The City Manager shall give a written response within five (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (75) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Grievances as defined in Section 1 shall be settled in the following manner and the steps set forth must be followed in the order listed within the time limit prescribed:
Step 1 - The parties acknowledge that it grievance shall be orally presented to the Community Education Manager within ten days after the Coordinator knew or should have known of violation. No settlement in this Step 1 shall be made in violation of the written contract. If a settlement is usually most desirable for an employee and his immediate supervisor not reached within two days after oral presentation to resolve problems through free and informal communications. If, however, the informal process does not resolve the mattermanager, the grievance shall be reduced in writing on a form specified by the Labor Relations and Benefits Department with a clear statement of the issues involved. This shall be presented to the Director who shall promptly transmit the written grievance to the General Counsel for handling in accordance with Step 2.
Step 2 - The General Counsel shall establish a Step 2 hearing with the aggrieved and the Community Education Director. The Step 2 meeting will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or held within seven (7) calendar five days after the employee, through Coordinator has filed the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the written grievance. The immediate supervisor time and place for meetings under Step 2 shall render be at the discretion of the General Counsel. Counsel and the Director shall prepare a report of the meeting together with a written response disposition of the matter and forward copies to the grievant Coordinator and to the Association within seven (7) calendar five days after the Step 2 hearing. If settlement is not reached in Step 2 within three days of the date of disposition, the grievance is referred to Step 3. Step 3 - Grievances referred to Step 3 shall be discussed between the Association and the General Counsel. This discussion shall take place within five days after the grievance has been referred to Step 3. If agreement is presented.
STEP 2: reached as a result of this meeting, Counsel shall issue a disposition of the matter which shall be final and binding. If the grievance agreement is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chiefgrievance shall, within three days after the Step 3 meeting, notify in writing the General Counsel that arbitration is required. Step 4 - Arbitration. In cases referred to Step 4, the parties shall attempt to agree on an arbitrator. If agreement is not reached within three days, the petitioning party shall petition the Bureau of Mediation Services for assistance under the rules of the PELRA-71 as amended. The arbitrator shall set the time and place for the Step 4 hearing, the method of procedure, and issue all necessary rulings. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the agreement or of any agreement made supplementary hereto, and shall only be allowed to rule on those cases that apply to the definition of a grievance as defined in this article. The decision of the arbitrator, if within the scope of his/her power, shall provide a written answer to be binding on both parties with the grievant limitations of PELRA-71 as amended. The expense and fees of the arbitrator shall be born jointly by the Board and the Union within seven (7) calendar days following their meetingAssociation.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. The parties acknowledge that A. Since it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will important that grievances be processed as follows:rapidly as possible, the number of days indicated at each level is maximum, and every effort should be made to expedite the process. However, the time limits may be extended by mutual agreement of the parties.
STEP 1B. No grievance need be considered by the Board unless the procedure set forth below is followed: Any Employee who has a Step One
a. All grievances, except Association grievances, shall begin as verbal complaints with the employee's immediate supervisor. The employee shall be entitled to have an Association representative present, if desired. Such discussion must take place within ten (10) working days of the alleged infraction or within ten (10) working days of the discovery thereof.*
b. Within five (5) working days after the discussion of the alleged grievance the administrator shall give his/her answer orally to the aggrieved employee. All grievances not settled orally shall be reduced to writing on forms mutually agreed upon by the Board and the Association. The grievance shall submit state the nature of the complaint in reasonable detail, including reference to the section number or numbers of this Agreement alleged to have been violated. This written grievance in writing shall be presented to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven within five (75) calendar days from the event giving rise to the grievance or within seven (7) calendar working days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievanceverbal response. The immediate supervisor shall render a written response to the grievant within seven five (75) calendar working days after receiving the grievance is presentedgive the aggrieved person his/her written answer.
STEP 2: a. If the grievance is not settled at Step 1 and resolved in Level Two, the employee wishes to appeal may, within five (5) working days of the immediate supervisor's answer submit the grievance to Step 2 the Assistant Superintendent of Human Resources.
b. The Assistant Superintendent of Human Resources or a designated representative shall give the employee a written answer no later than five (5) working days after the receipt of the written grievance. If further investigation is needed, additional time may be allowed by mutual agreement of the Assistant Superintendent of Human Resources and the Association. If the Association is not satisfied with the disposition of the grievance procedureat Step III, the Association may submit the grievance to binding arbitration within twenty (20) days of the response from the administration. If the parties cannot agree as to the arbitrator, the arbitrator shall be selected by American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding.
1. It is expressly agreed that the scope and authority of the arbitrator shall be limited in each case to the resolution of the question submitted to him.
2. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement.
3. The decision of the arbitrator shall be binding on both parties.
4. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
5. No advice in any one (1) case shall require a retroactive adjustment in any other case.
6. Paid leave time, not deductible from Association leave time, shall be provided any bargaining unit member identified as the aggrieved party whose presence is necessary at the arbitration hearing. *If the alleged grievance involves a single building, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days initiated with the grievant and an authorized representative of the Union at a time mutually agreeable to the partiesbuilding principal or supervisor. If no settlement of the alleged grievance is reachedinvolves more than a single building, the Deputy Police Chief, shall provide a written answer aggrieved person(s) may elect to institute the grievant and the Union within seven (7) calendar days following their meetinginformal discussion at Level Three.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. EASMC and the Board shall bear its own expenses in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance submitted to them.
a. Step 1 - The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor the administrator who made the decision on the issue being grieved to resolve problems any problem relating to the terms of the Agreement through free and informal communications. IfHowever, howeverif such informal processes fail to satisfy the employee, the informal process does not resolve the matter, problem may be further processed as a grievance provided that the grievance will be processed as follows:is submitted in writing within 20 days of the alleged grievance.
STEP 1: Any Employee who has a grievance shall b. Step 2 - The grievant must submit the grievance in writing to the employee's immediate on-duty supervisor of administrator who made the rank of sergeant or higher, specifically indicating that decision on the matter is a grievance under this Agreementissue being grieved. The grievance shall contain administrator will arrange for a complete statement of facts, the provision or provisions of this Agreement which are alleged meeting to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or take place within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar four days after receipt of the City's answer at Step 1grievance. The grievance grievant and the administrator shall specifically state be present for the basis upon which meeting. EASMC and/or the Board’s representative may be present at this step and any step thereafter. The administrator shall provide the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these with a written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss answer on the grievance within seven (7) calendar four days after the meeting.
c. Step 3 - If the grievant is not satisfied with the decision rendered by the administrator at Step 2, then they may appeal to the Superintendent within six days of the receipt of the decision of the administrator. The Superintendent shall arrange for a meeting with the grievant and an authorized representative to take place within five days of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent will have ten days in which to provide their written decision to the grievant.
d. Step 24 - If the grievant is not satisfied with the decision of the Superintendent in Step 3, or if the Superintendent fails to render a decision within the prescribed time, the grievance may within 15 days be submitted to arbitration by EASMC under the Voluntary Labor Rules of the American Arbitration Association. The grievance arbitrator shall specifically state have no authority to add to, alter, amend or modify any provision of this Agreement or to make any award which will in any way deprive the basis upon which Board of any of the grievant believes that powers delegated to the grievance was improperly denied at Board by law. The award, in writing, of the previous step arbitrator, except as noted in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designeeabove statement, shall investigate be final and binding on the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant aggrieved and the Union within seven (7) calendar days following their meetingBoard.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee any Para-Educator and his immediate the Para-Educator’s immediately involved supervisor to resolve problems through free and informal communications. If, howeverWhen requested by the Para-educator, the Association representative may intervene to assist in this resolution. However, should such informal process does not resolve processes fail to satisfy the matterPara-educator or the Association, the then a grievance will may be processed as follows:
STEP 1: Any Employee who has a grievance Step 1 The Association shall submit present the grievance grievance, in writing writing, setting forth the problem(s) being grieved, citing any alleged contract violation, and stating the redress sought, to the employee's immediate on-duty supervisor of the rank of sergeant or higherschool Principal, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged who will arrange to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or meet within seven (7) calendar days after with the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievanceparties. The immediate supervisor Association’s representative, the aggrieved Para-educator, and the Principal (all with or without representation) shall render a written response be present for the meeting. The Principal shall provide to the grievant and the Association a written decision within seven (7) calendar days after such meeting, setting forth the reasons for the decision. No grievance will be given formal consideration unless it is filed at Step 1 within twenty-eight (28) days after the grievance is presentedgrievant had knowledge of the occurrence that gave rise to the grievance.
STEP 2: Step 2 If the grievance is not settled resolved at Step 1 and or if a Step 1 time limit expires without the employee wishes to appeal issuance of the Principal’s written decision, then the Association may refer the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief Superintendent or official designee within seven (7) calendar days after the Step 1 decision was due or received. The Superintendent shall arrange for a meeting with the grievance representative(s) of the Association and the aggrieved Para- educator(s) to take place within fourteen (14) days of the receipt of the City's answer at Step 1appeal. The grievance Each party shall specifically state have the basis upon which right to include in its representation such witnesses and counselors as it deems necessary to establish facts pertinent to the grievant believes that grievance. Upon conclusion of the grievance was improperly denied at hearing, the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within Superintendent will have seven (7) calendar days with in which to provide the grievant and an authorized representative of the Union at a time mutually agreeable Superintendent’s written decision to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer respective parties to the grievant and the Union within seven (7) calendar days following their meetinggrievance.
STEP 3: Step 3 If the grievance is not settled resolved at Step 2 and or if a Step 2 time limit expires without the employee wishes to appeal issuance of the Superintendent’s written decision, the Association may refer the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief governing School Board or Boards within seven fourteen (714) calendar days after the Step 2 decision was due or received. The Board shall arrange for a meeting within fourteen (14) days after the receipt of the City's answer at Step 2appeal. The grievance Each party shall specifically state have the basis upon which right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievant believes that the grievance was improperly denied at the previous step in the grievance proceduregrievance. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative Upon completion of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reachedmeeting, the Police Chief, or the Police Chief's designee, shall School Board will provide a written answer decision to the grievant and the Union Association within seven fourteen (714) calendar days following their meetingdays.
STEP 4: Step 4 Arbitration - If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer resolved at Step 3, or the Step 3 time limits expire without the issuance of the School Board’s written answer, then the Association on behalf of the grievant may submit the grievance to arbitration. ThereafterIf a demand for arbitration is not filed with the Superintendent of Schools within twenty- one (21) days of the date that the School Board’s Step 3 decision was due or received, then the grievance will be deemed to be withdrawn. The Association or its representative and the Board or its representative shall seek to mutually agree upon the person of an arbitrator. If agreement cannot be reached within ten (10) days, the City Manager or Association may refer the City Manager's designee and matter to the Police Chief or other appropriate individual(sAmerican Arbitration Association (AAA) as desired by under their Voluntary Labor Arbitration Rules. Referral to the City Manager AAA must occur no later than twenty-one (not to exceed three (3)21) shall meet with days from the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt date of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingdemand for arbitration.
Appears in 3 contracts
Sources: Master Agreement, Collective Bargaining Agreement, Master Agreement
Procedure. 1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. All time limits must be adhered to unless a modification or extension is agreed to by the Association and the Board. If such time limits are not adhered to by the Board or the Administration, the aggrieved may initiate action to the next step of this procedure. If the aggrieved or the Association fails to adhere to such time limits, the grievance shall be considered withdrawn. A grievance to be considered under this procedure must be initiated by the aggrieved or the Association within twenty (20) days of its alleged occurrence or from the time when the aggrieved or Association could reasonably have known of its occurrence.
2. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, howeverWhen requested by either party, the Association representative may intervene to assist in this resolution. However, should such informal process does not resolve processes fail to satisfy the mattersupervisor and the principal, the than a grievance will may be processed as follows:
STEP 1: Any Employee who a. In the event the aggrieved person is not satisfied with the disposition of his grievance or if no decision has a grievance shall submit been rendered within ten (10) days after presentation of the grievance, he/she may file the grievance in writing with the Association’s grievance committee. An Association representative may assist in writing the grievance.
b. Within five (5) days of receipt of the grievance, the Association’s grievance committee shall decide whether or not there is a legitimate grievance. If the committee decides there is a legitimate grievance, it shall immediately submit the written claim to the employee's immediate on-duty supervisor supervisor, within ten (10) days from receipt of the rank grievance he/she shall render a decision as to the solution.
Step 2 In the event the aggrieved person is not satisfied with the disposition of sergeant his/her grievance in Step 1, or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have if no decision has been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven rendered within ten (710) calendar days from the event giving rise date of receipt of the grievance by his/her immediate supervisor, the aggrieved may refer the grievance committee with the written consent of the aggrieved to the Superintendent of Schools. If the Superintendent of Schools has already heard the grievance or within seven at Step 1, then the aggrieved may submit the grievance to the Board of Education. Within the ten (710) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge from receipt of the first occurrence written referral by the Superintendent, he/she shall meet the aggrieved for the purpose of arriving at a mutually satisfactory solution of the event giving rise to the grievancegrievance problem. The immediate supervisor A written decision shall render a written response to the grievant be rendered within seven five (75) calendar days after the grievance is presenteddays.
STEP 2: a. If the grievance is not settled at satisfactorily resolved in Step 1 2, the aggrieved may refer the grievance individually or through the Association’s grievance committee, with the written consent of the aggrieved, to the Board of Education unless the Board of Education has already reviewed the grievance in Step 2 above. If the Board has reviewed the grievance in Step 2 above, then the arbitration procedures in Step 4 would be invoked. The Board’s representative will arrange a meeting with the Association’s grievance committee and the employee wishes Board’s representatives. Each party shall have the right to appeal include in their representation appropriate witnesses and needed counselors to develop facts pertinent to the grievance to Step 2 grievance.
b. Upon conclusion of the grievance procedure, it shall be submitted hearing the Board will have five (5) days in which to provide its decision in writing to the Deputy Police Chief within seven (7) calendar days after receipt of Association or the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall aggrieved.
a. If either party is not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days satisfied with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement disposition of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and or the Union desires Step 3 time limit expires without action, then the grievance may be submitted to appealbinding arbitration under the rules of the American Arbitration Association which shall act as administrator of the proceedings. If neither party files a demand for a binding arbitration within ten (10) days of the date of the Board Step 3 reply, then the grievance shall be deemed withdrawn.
b. Neither the Board nor the Association will be permitted to assert any grounds or evidence not previously disclosed to the other party.
c. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. However, it is mutually agreed that the arbitrator is empowered to include in his award such financial reimbursements as he/she judges to be proper. Each party shall be referred by bear the Union in writing to the City Manager within seven (7) calendar days after receipt full cost for its side of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee binding arbitration and the Police Chief or other appropriate individual(swill pay one-half (1/2) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, costs for the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingarbitrator.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The parties acknowledge that it employee(s) and/or the union representative involved shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, reached in the informal process does not resolve the matterabove grievance meeting, the grievance will shall be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in reduced to writing and submitted to the employee's immediate on-duty supervisor Director of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than Department within seven (7) calendar days from the event giving rise to date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days after days. This response from the employee, through Director or his/her designee will be the use of reasonable diligence, could have obtained knowledge final position of the first occurrence Department.
d) If the grievant or the Union wishes to appeal from the decision of the event giving rise to the grievance. The immediate supervisor Department, it shall render a written response to the grievant do so in writing within seven fourteen (714) calendar days after the grievance Department's decision is presentedreceived or due. The appeal shall to be directed to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
STEP 2: If e) The Campus Chancellor, or his/her designee, shall fully investigate the grievance is not settled at Step 1 and grievance, including conducting a hearing if so requested by the employee wishes to appeal Union or grievant. The Campus Chancellor, or his/her designee, shall issue the grievance to Step 2 of Campus Decision on the grievance proceduregrievance, it shall be submitted in writing to the Deputy Police Chief writing, within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state appeal if no hearing is conducted, or within fourteen (14) calendar days from the basis upon close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) If the grievant believes that or the grievance was improperly denied at Union wishes to appeal from the previous step in decision of the grievance procedure. Preparation of these written materials Campus Chancellor, or his/her designee, it shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andrequest mandatory arbitration, in the course of such investigationwriting, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days from date of receipt of the Union's appealdecision. If no agreement is reached, the City Manager or the City Manager's designee The written request shall submit a written answer be directed to the grievant Director of Labor and Union within seven (7Employees Relations – Staff Human Resources.
g) calendar days following The foregoing time limits may be extended by mutual written agreement between the meetingappropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step One: An attempt shall be made to resolve any grievance in informal, verbal discussion between complainant and his or her immediate supervisor.
B. Step Two: If the grievance cannot be resolved informally, the aggrieved employee shall file the grievance in writing within 25 days of the occurrence of the event. The parties acknowledge that written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the agreement allegedly violated and shall state the remedy requested. Within 15 days of receipt of the grievance, the immediately involved supervisor will arrange for a meeting to take place with the grievant and, if desired, a local Association representative. The immediate supervisor who has authority to make a decision on the grievance shall make such decision and communicate it is usually most desirable for an in writing to the employee and superintendent within 15 days after the Step Two meeting with the employee.
C. Step Three: In the event a grievance has not been satisfactorily resolved at Step Two, the aggrieved employee shall within 10 days of the immediate supervisor’s written decision or answer at Step Two, file a copy of the grievance with the superintendent. The aggrieved employee may send a copy of such grievance to the Association president. Failure to file an appeal with 10 days shall be deemed a waiver of the right to appeal. Within 10 days after such written grievance is filed, the aggrieved, a representative of the aggrieved as desired, the principal and the superintendent or his immediate supervisor designee, shall meet to resolve problems through free the grievance. The superintendent or his designee shall file an answer within 10 days of the Step Three grievance meeting and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance communicate it in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violatedimmediate supervisor, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presentedAssociation president.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Grievances shall be resolved in conformance with the following procedure:
Step 1: An EMPLOYEE claiming a violation concerning the interpretation or application of the Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE’S supervisor as designated by the EMPLOYER. The parties acknowledge that supervisor will discuss the grievance and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. To appeal a grievance not resolved in Step 1 to Step 2, the UNION must set forth in writing the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this the Agreement which are alleged to have been allegedly violated, and the relief remedy requested. Preparation of these This written materials shall not be done during the employee's hours of work. All grievances appeal to Step 2 must be presented no later than seven (7) calendar days from the event giving rise to the grievance or EMPLOYER within seven ten (710) calendar days after the employee, through supervisor’s final answer in Step 1. Any grievance not appealed by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise UNION in writing to the grievance. The immediate supervisor shall render a written response to the grievant Step 2 within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP Step 2: If appealed, the written grievance is not settled at Step 1 shall be presented by the UNION and discussed with the employee wishes to appeal Chief of Police. The Chief of Police shall give the grievance to UNION the EMPLOYER’S Step 2 of the grievance procedure, it shall be submitted answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meetingthe Chief of Police’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived.
STEP Step 3: If appealed, the written grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted presented by the UNION and discussed with the City Manager or designated representative. The City Manager shall give the UNION the EMPLOYER’S answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingEMPLOYER designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4: A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Minnesota Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Minnesota Public Employment Relations Board.
Appears in 3 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
Procedure. 1. The parties acknowledge teacher(s) who feels that it is usually most desirable for an employee and he/she has a grievance will first take up the matter with his immediate supervisor within ten (10) days following the event which is the basis of said grievance. The parties will attempt to resolve problems through free and informal communicationsit within ten (10) days following the date on which said supervisor was given the grievance. If, howeverIn no case will a grievance be filed later than ten (10) following the awareness of the alleged grievance or later than ten (10) days following the effective date of an Association member's termination of employment.
2. If Step 1 fails to resolve the grievance, the informal process does not resolve teacher(s) will, within ten (10) days of the matterdate at the decision rendered at Step 1, reduce the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit to writing, specifying the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, violated and/or misapplied and the relief requestedremedy sought and will submit same to the superintendent. Preparation Upon receipt of these the grievance the superintendent and Board will have twenty (20) days, or longer if such extension is agreed to mutually by all parties involved, to resolve the grievance.
3. If the Association is not satisfied with the resolution of the grievance by the Board, or if no disposition has been made by the Board within the time specified herein, the grievance may be submitted to arbitration before an impartial arbitrator upon written materials shall notice to the Board. The Association must give the Board notice of intent to arbitrate within ten (10) days of the date of the Board’s decision. If the parties cannot be done during the employee's hours of work. All grievances must be presented no later than seven agree upon an arbitrator within five (75) calendar days from the event giving rise date on which the Board was notified that arbitration would be pursued, the Association may pursue the grievance by filing a demand for arbitration with the American Arbitration Association within thirty (30) days of the date of the Board’s decision. The Board and Association will not be permitted in the arbitration proceedings to assert any grounds or to rely on any evidence not previously disclosed to the grievance adverse party. The arbitrator will have no power to alter, add to, or within seven (7) calendar days after modify in any way the employee, through terms of this Agreement. Both parties agree to be bound by the use of reasonable diligence, could have obtained knowledge award of the first occurrence arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall arbitrator will be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to shared equally by the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. The parties acknowledge that Pre-grievance meeting: No grievance shall be entertained or processed unless it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven submitted within five (75) calendar days from the event giving rise to the grievance or within seven (7) calendar business days after the employeepre-grievance meeting. Within five (5) business days of an alleged violation of the contract, or within five (5) business days after the employee through the use of reasonable diligence, could diligence should have obtained knowledge of the first occurrence of the event giving rise to the grievance and prior to initiating Step 1 by the filing of a grievance, the Union and the grievant shall meet with the Fire Chief or the Chief’s designee to discuss the potential grievance. The immediate supervisor discussion shall render a written response to include the grievant facts and events in the context of the specific contract provisions, and why the Union believes the challenged interpretation or application violates the contract.
Step 1: No grievance shall be entertained or processed unless it is submitted within seven five (75) calendar business days after the pre-grievance meeting. Any employee covered by this Agreement who has a grievance shall submit it to the supervisor who is presenteddesignated for that purpose by the City, provided that said grievance shall be in writing on the standard grievance form and signed by both the aggrieved employee and the appropriate Union Representative. The supervisor shall give his/her written answer within five (5) business days after such presentation.
STEP Step 2: If the grievance is not settled at in Step 1 l and the employee wishes to appeal the grievance to Step 2 of the grievance procedureGrievance Procedure, it shall be submitted referred in writing on the same standard grievance form submitted at Step l to the Deputy Police Fire Chief within seven five (75) calendar business days after receipt of the Citydesignated supervisor's answer at in Step 1l and shall be signed by both the Employee and Union Representative. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andFire Chief, in the course of such investigationor his/her representative, shall offer to discuss the grievance within seven five (75) calendar business days with the grievant and an authorized representative of the Union Representative at a time mutually agreeable to the both parties. If no settlement of the grievance is reached, the Deputy Police The Fire Chief, or his/her representative, shall provide a written answer respond in writing to the grievant and the Union within seven five (75) calendar business days following their meeting.
STEP Step 3: If the grievance is not settled at in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager Mayor or his/her designated representative on the same standard grievance form submitted in Step l within seven five (75) calendar business days after receipt of the City's answer at in Step 32. Thereafter, A meeting between the City Manager Mayor or the City Manager's designee his/her representative and the Police Chief Union Representative shall be held at a time mutually agreeable to the parties. The Mayor or other appropriate individual(s) as desired by his/her representative shall give the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the UnionCity's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven ten (710) calendar business days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, Deputy Police Chief specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedureDeputy Police Chief, it shall be submitted in writing to or the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief Chief’s designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief or the Deputy Chief’s designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 32: If the grievance is not settled at Step 2 1 and the employee wishes to appeal the grievance to Step 3 2 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 21. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 43: If the grievance is not settled at Step 3 2 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 32. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetinglast meeting with the City Manager, or from which all supporting information requested from the Union is received, whichever is later.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must as defined herein shall be presented no later than seven processed in accordance with this procedure. The Union may refuse to represent a grievance and the District may refuse to consider a grievance in those circumstances where the aggrieved party has not followed this procedure.
Step 1: Within twenty (720) calendar days from of the event acts and/or omissions giving rise to the grievance or within seven twenty (720) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence time the employee or the Union should reasonably have been aware of said acts and/or omissions, the event giving grievance shall be discussed informally with the supervisor(s) most directly responsible for the circumstances which gave rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 resolved within twenty (20) days of the grievance procedure, date on which it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer is first presented at Step 1. , the grievance may proceed to Step 2.
Step 2: The grievance shall specifically state may be presented to the basis upon which District’s Human Resources Manager on the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance form provided for this purpose and incorporated herein by reference as Appendix A within seven ten (710) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingconclusion Step 1.
STEP Step 3: If the grievance is not settled A request for binding arbitration at Step 2 and the employee wishes to appeal the grievance to Step 3 of this procedure shall be made in writing by the Union to the Human Resources Manager within fifteen (15) days of the date of which the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt received a copy of the City's answer written determination at Step 2. An arbitrator may be selected by mutual agreement between the parties. Should the parties fail to agree upon an arbitrator, they shall make a joint request to the grievance a joint request to the Mediation and Conciliation Service of the State of California for a list of five (5)-qualified arbitrators. Each party shall alternative strike one name from the list and the last remaining name shall serve as arbitrator. The grievance first party to strike a name shall specifically state be determined by the basis upon which toss of a coin. It shall be understood in disputes involving interpretation of the grievant believes MOU, that the grievance was improperly denied arbitrator will only interpret this MOU and will not have the power to add, to delete from, or amend any part of this agreement. The arbitrator’s decision shall be final and binding on the District, the Union, and the grievance. All fees and costs or the arbitrator and court reporter, if any, will be borne by the losing party. The union has the authority to settle grievances at the previous any step in the grievance procedure. Preparation process on behalf of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative members of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingbargaining unit.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 3 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Procedure. The parties acknowledge that it is usually most desirable for 2.1 Step 1: Within twenty-one (21) calendar days workdays after the act or omission which gives rise to the grievance or an employee and his immediate supervisor to resolve problems through free and informal communications. If, howeverbecomes aware or should have reasonably become aware that he/she has a grievance, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance employee and/or his/her representative shall submit present the grievance in writing to his/her department or agency head. The writing shall state the employee's immediate on-duty supervisor nature of the rank of sergeant or higher, specifically indicating that grievance and the matter is a grievance under this Agreementremedial action requested. The grievance department or agency head or his/her representative may meet with the employee and/or his/her representative and shall contain a complete statement of facts, provide the provision or provisions of this Agreement which are alleged to have been violated, employee and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) his/her representative with his/her decision in writing within twenty-one calendar days from the event giving rise to of receipt of the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presentedat this Step 2.
STEP 2.2 Step 2: If the grievance is not settled resolved at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedureStep1, it shall be submitted in writing to the Deputy Police Chief within seven fourteen (714) calendar days after receipt of the City's answer at written decision of the department or agency head the employee and/or his/her representative may appeal to the State Chief Counsel Office of Employee Relations by filing with him/her a written notice of appeal, together with copies of the written grievance and the Step 11 decision. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation Chief Counsel Office of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized Employee Relations or his/her representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall may meet with the grievant and a Union employee and/or his/her representative and other appropriate individuals as desired by shall provide the Union employee and/or his/her representative with a written decision within twenty-one (not to exceed three (3)) within seven (721) calendar days of receipt of the Union's appeal. If no agreement ; or, if a meeting is reachedheld, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven fourteen (714) calendar days following after the conclusion of such meeting.
(a) If the grievance has not been satisfactorily resolved at Step 2, then FOP/MSLES may submit the grievance to arbitration by submitting a request for arbitration to the Chief Counsel Office of Employee Relations as well as a statement of the grievance specifying the Article, section or clause of the contract alleged to have been violated, along with the concise statement of facts surrounding the issue and the remedial action requested. The request for arbitration shall be received by the Chief Counsel Office of Employee Relations through personal service, fax, email or by mailing by registered or certified mail within fifteen (15) workdays of the receipt of the Step 3 decision.
(b) Upon receipt by the Chief Counsel Office of Employee Relations of a request for arbitration, the parties shall attempt to mutually agree upon an arbitrator. If unable to agree upon an arbitrator within five (5) workdays of receipt of the request for arbitration, the arbitrator shall be selected through the Labor Relations Connection (“LRC”) in accordance with the LRC rules then in effect.
(c) The decision of the arbitrator shall be binding consistent with applicable law and this Agreement. The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement. The arbitrator shall have no authority to award interest on any award. All costs of arbitration, including fees and expenses of the arbitrator, shall be divided equally between the parties, except as provided in section 2.3(b) of this Article, and except that each party shall bear the costs of preparing and presenting its own case.
(d) The arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The arbitrator shall be requested to issue a written decision within thirty (30) days after completion of the proceedings. The arbitrator shall be bound by the rules of the LRC which are applicable to labor relations arbitrations and which are in effect at the time of the arbitration. In the event of a disagreement regarding the arbitrability of an issue, the arbitrator shall make a preliminary determination as to whether the issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the arbitrator shall then proceed to determine the merits of the dispute.
(e) In grievances involving discharge of an employee and/or discipline which has led to a discharge, the arbitration hearing shall be held within twelve (12) months of the submission of the demand for arbitration, unless the parties mutually agree to waive this requirement. Subsequent hearing dates, if necessary, shall be held at the earliest date(s) offered by the assigned arbitrator and which is mutually acceptable to the parties. The parties agree that in the event of a conflict in the scheduling of grievance arbitrations, grievances involving discharge and/or discipline which has led to a discharge shall have priority over all other pending grievance arbitration matters between the parties.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor A faculty member with a complaint shall attempt to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:problem informally with his/her immediate administrator/supervisor prior to filing a grievance.
STEP Step 1: Any Employee who has a grievance shall submit Regardless of the grievance status of any informal discussions pursuant to Section 10.5.1, all grievances must be submitted in writing to the employee's immediate onadministrator/supervisor within twenty-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven eight (728) calendar days from of the event date on which the facts giving rise to the grievance first occurred or first became known to the grievant, whichever date is later. The immediate administrator/supervisor shall hold a conference with the grievant within seven fourteen (714) calendar days after the employee, through the use receipt of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The Within fourteen (14) calendar days following the conference, the immediate administrator/supervisor shall render will provide the grievant and the Association with a written response to the grievant within seven (7) calendar days after grievance, which shall include the grievance is presentedbasis for the decision.
STEP Step 2: If the grievance is not settled at Step 1 and the employee grievant wishes to appeal the grievance to Step 2 of 2, the grievant shall submit the grievance procedure, it shall be submitted in writing to the Deputy Police Chief President, within seven fourteen (714) calendar days after receipt of the City's answer written response at Step 1. The grievance President or designee shall specifically state the basis upon which hold a conference with the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance take place within seven fourteen (714) calendar days with the grievant and an authorized representative following receipt of the Union at a time mutually agreeable to the partiesappeal. If no settlement of the grievance is reachedThe President, the Deputy Police Chief, or designee shall provide a written answer decision to the grievant and with a copy to the Union within seven Association no later than fourteen (714) calendar days following their meeting.
STEP the conference. Step 3: Arbitration
a) If the grievance no satisfactory settlement is not settled reached at Step 2 and the employee Association wishes to appeal submit the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant final and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reachedbinding arbitration, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall Association must submit a written answer demand for arbitration to the grievant and Union President within seven fourteen (714) calendar days following the meetingPresident's Step 2 response.
b) Within fourteen (14) calendar days following the Association’s demand for arbitration, the parties will confer and attempt to agree upon an arbitrator. If unable to do so, the parties shall request a list of nine (9) arbitrators from the American Arbitration Association. The list shall be limited to arbitrators from Washington, Oregon, Idaho and Montana.
c) Within fourteen (14) calendar days following the receipt of the list of eligible arbitrators, the parties or their representatives shall meet to select an arbitrator. The parties shall each strike four (4) arbitrators from the list in an alternating order, and the remaining arbitrator shall hear the dispute. The party exercising the first strike shall be the loser of a flip of a coin.
d) The arbitrator selected will hold a hearing according to the AAA rules. The arbitrator will issue a written decision within thirty (30) calendar days following the closure of the hearing. The decision of the arbitrator will be submitted to the parties and will be final and binding.
e) The arbitrator shall have no power to add to, subtract from, alter, change or modify the terms of this Agreement. The arbitrator's power shall be limited to interpretation and application of the express terms of this Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties hereto acknowledge that it is usually most desirable for an employee and his immediate the immediately involved supervisor to resolve problems through free and informal communicationscommunication. IfTherefore, however, nothing contained herein shall be construed as limiting the informal process does not resolve right of any employee having a grievance to discuss the matter, matter informally with his/her supervisor and having the grievance adjusted, provided the adjustment is not inconsistent with the terms of this Agreement. If any adjustment is made, a second meeting will be held if the grievant so requests to discuss said adjustment in the presence of an Association representative. However, if such informal processes fail to satisfy the employee, a grievance may be processed as followsin the following steps:
STEP 1: Any Employee who has a grievance 5.3.1 Step 1 The grievant or Association shall submit present the grievance in writing to the employee's immediate on-duty supervisor within thirty (30) days of the rank time the grievant or Association knew or should have known the occurrence of sergeant or higherthe event, specifically indicating that specifying the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are Article and clause alleged to have been violatedviolated and stating the remedy sought, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievancesupervisor immediately involved. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and grievance of the Union aggrieved teacher within seven ten (710) calendar days following their meetingafter the receipt of the grievance.
STEP 3: 5.3.2 Step 2 If the grievance is not settled at resolved in Step 2 and 1, the employee wishes to appeal grievant or Association may refer the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief Superintendent or official designee within seven ten (710) calendar days after receipt of the City's answer Step 1 answer. The Superintendent shall arrange a meeting to take place within ten (10) days of his/her receipt of the appeal. Within ten (10) days of the meeting, the grievant shall be provided with the Superintendent’s response.
5.3.3 Step 3 If the grievant, or Association, is not satisfied with the disposition of the grievance at Step 2. The grievance shall specifically state the basis upon which , the grievant believes that may submit the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union Board within seven ten (710) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after the receipt of the City's answer Superintendent’s written response. The Board shall allow the grievant to present his/her case to the Board, in executive session, at Step 3the next regularly scheduled Board meeting, provided the Board had at least ten (10) days notice of the appeal before said regularly scheduled meeting. ThereafterIf the Board has less than ten (10) days’ notice of said appeal, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(sgrievance shall be heard at a Special meeting to be called within fifteen (15) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt the filing of the Union's said appeal. If no agreement the appeal to the Board is reachednot filed within ten (10) days of the Step 2 response, the City Manager or the City Manager's designee grievance shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingbe deemed withdrawn.
Appears in 3 contracts
Sources: Negotiations Agreement, Negotiations Agreement, Negotiations Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor are encouraged to resolve problems through free and informal communicationsdiscussions any grievances as defined herein. IfWhen specifically requested by the employee, however, a CWA representative may accompany the employee to assist in the informal process does resolution of the grievance. Such informal discussions are not resolve to be construed as a part of the mattergrievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance will shall be processed as follows:according to the following procedure.
STEP (1: Any Employee who has ) If the employee or CWA is unable to resolve a grievance shall submit informally, a written statement of the grievance in writing shall be prepared, signed by the Grievant and delivered to the aggrieved employee's immediate on-duty supervisor of Appointing Authority or designee within thirty (30) days after the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the first event giving rise to the grievance or within seven thirty (730) calendar days after the employeeemployee or CWA, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor An employee grievant shall render deliver a copy of the written response grievance to the CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is based and the specific relief requested.
(2) After the written grievance is submitted, the Appointing Authority or designee shall meet with the grievant within seven ten (710) calendar business days after receipt of the grievance. A CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the President of the Union within ten (10) business days after the grievance is presented.
STEP 2hearing. Second Step: If the grievance is not settled satisfactorily resolved at Step 1 and the employee wishes to appeal First Step, the grievant and/or the Union may submit the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief Director of Human Resources or designee, within seven ten (710) calendar days after receipt of the City's answer at First Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chiefanswer, or within ten (10) days of when the Police Chief's designeeFirst Step answer was due, shall investigate the grievance and, in the course whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, Human Resources or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union President or the Vice President, and/or a representative of CWA within ten (not to exceed three (3)10) within seven (7) calendar business days of after receipt of the Uniongrievance. The Director of Human Resources or designee, after consultation with the grievant's appeal. If no agreement is reachedAppointing Authority or designee, the City Manager or the City Manager's designee shall submit give a written answer to the grievant and President of the Union within seven ten (710) calendar business days following after the meetinghearing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an A. Step One - (IMMEDIATE SUPERVISOR, WRITTEN) If the alleged grievance cannot be settled informally with the employee's immediate supervisor, then the employee will reduce the grievance to writing (see Appendix C). Within five (5) days of the receipt of the grievance, the supervisor will schedule a meeting with the employee and his immediate supervisor the Association Representative at a time and place agreeable to resolve problems through free the participants. After the meeting and informal communications. If, howeverwithin five (5) days, the informal process does supervisor will put in writing on the appropriate form (see Appendix C), his/her decision. If the employee and the Association do not resolve accept the matterdecision of the supervisor, then they will make this decision known within five (5) days of the receipt of the decision from the supervisor and forward it to Step Two.
B. Step Two - (SUPERINTENDENT/DESIGNEE, WRITTEN) Upon receipt of the grievance from Step One, the Superintendent/designee will, within ten (10) days, schedule a meeting with the employee and the Association Representative at a time and place agreeable to the participants. Members of the administration who may be involved in the alleged grievance may also be in attendance at the request of either party. Within ten (10) days of this meeting the Superintendent/designee will make his decision known to the Association. If the decision is not acceptable by the Association, then the grievance may be forwarded to Step Three.
C. Step Three - (ARBITRATION - WRITTEN) If the grievance is still not settled, the Association may, within fifteen (15) days after the Superintendent/designee's answer, submit the grievance to arbitration. The rules of the American Arbitration Association will govern the filing of the demand for arbitration, the selection of the arbitrator, and the conducting of the hearing, and all other matters surrounding the arbitration process. The cost for the services of the arbitrator, including per diem expenses, and the American Arbitration Association filing fees will be borne equally by the District and AVPE. All other expenses will be borne by the parties incurring them; and neither part y will be responsible for the expense of witnesses called by the other, except the grievant(s), grievance committee members, and Association member(s) who are witnesses involved in the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit released without loss of pay to participate in the grievance in writing to the employee's immediate on-duty supervisor arbitration hearing. The decision of the rank of sergeant or higherarbitrator will be final and binding on the District, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violatedAVPE, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor If the Employer exercises its prerogative to resolve problems through free and informal communications. If, howeverimplement a major reduction (40 or more Bargaining Unit Employees within a business unit), the informal process does parties will meet to discuss a transition plan aimed at placement of the displaced Employees. Employees who are not resolve placed into jobs or are otherwise severed as a result of these efforts may be laid off following the matterprocedures outlined below. If the Employer exercises its prerogative to implement a lesser reduction (39 or fewer Bargaining Unit Employees within a business unit), the grievance following procedure shall be adopted: The Union and the Employer may agree to allow Employees within one or more of the affected Job Titles to volunteer to be laid off. Unless such agreement is reached and a sufficient number of Employees volunteer to be laid off, the Employee or Employees who will be processed laid off will be determined in accordance with the provisions of this section. The Employee with the least amount of seniority in any Job Title, within a business unit, will be the first laid off from that job, subject to any State or Federal law. The Employee, in turn, may replace any Employee with lesser seniority within their current business unit within the bargaining unit (or non-bargaining unit Temporary, Limited Term or Student Employees), providing the Employee has the qualifications to satisfactorily perform the job. Employees who are displaced from their jobs as follows:
STEP 1: Any a result of such bump back procedure may themselves bump back and replace any Employee with less seniority within their current business unit, providing such Employee has the necessary qualifications. (Displaced is defined as any Employee who has been bumped off a grievance job, who has not been returned to a job in the same, higher or lower wage classification.) Employees shall submit the grievance in writing to the employee's immediate on-duty supervisor retain full seniority irrespective of the rank bumping process. Employees who are laid off will retain full seniority for the two year recall period. Notwithstanding the preceding paragraph, any Employee with five (5) or more years of sergeant Continuous Service who would otherwise be laid off as a result of subcontracting, transferring work, or higheroutsourcing, specifically indicating that shall be entitled to replace any Employee with less than five (5) years of Continuous Service within the matter is bargaining unit, providing the more senior Employee has the qualifications to satisfactorily perform the job. When there are multiple incumbents within a grievance under this Agreement. The grievance shall contain a complete statement of factsspecific job, the provision or provisions of this Agreement which are alleged laid off Employee will bump the least senior incumbent, (full-time to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise full-time; part-time to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presentedpart-time).
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. IfGrievance as defined by Section 7.1, however, shall be resolved in conformance with the informal process does not resolve the matter, the grievance will be processed as followsfollowing procedure:
STEP Step 1: Any Employee who An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has a occurred, present such grievance shall submit the grievance in writing to the employee's immediate onsupervisor as designated by the EMPLOYER. The EMPLOYER-duty supervisor designated Representative will discuss and give an answer to such Step l grievance within ten (10) calendar days after receipt A grievance not resolved in Step I and appealed to Step 2 shall be placed in writing setting forth the nature of the rank of sergeant or highergrievance, specifically indicating that the matter facts on which it is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, the remedy requested and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through EMPLOYER- designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP Step 2: If appealed, the written grievance is not settled at Step 1 shall be presented by the UNION and discussed with the employee wishes to appeal the grievance to EMPLOYER-designated Step 2 of Representative. The EMPLOYER-designated Step 2 Representative shall give the grievance procedure, it shall be submitted UNION the EMPLOYER'S Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (710) calendar days with follow ing the grievant and an authorized representative of EMPLOYER- designated Representative's final Step 2 answer. Any grievance not appealed in writing to step 3 by the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union UNION within seven ten (710) calendar days following their meetingshall be considered waived.
STEP Step 3: If the A grievance is not settled at unresolved in Step 2 and the employee wishes to appeal the grievance appealed to Step 3 of by the grievance procedure, it UNION shall be submitted in writing to arbitration subject to the Police Chief within seven (7) calendar days after receipt provisions of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant rules and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred regulations established by the Union in writing to the City Manager within seven (7) calendar days after receipt State of the City's answer at Step 3Minnesota Bureau of Mediation Services. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.·
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure:
Step 1: An employee claiming a violation concerning the interpretation or application of this Agreement shall, within fourteen (14) calendar days after such alleged violation has occurred, present such grievance to the Chief Deputy. The parties acknowledge that Chief Deputy or Chief Deputy’s Designee will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this the Agreement which are alleged to have been allegedly violated, and the relief remedy requested. Preparation of these written materials , and shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through Chief Deputy’s or Chief Deputy’s Designee’s final answer in Step 1. Any grievance not appealed in writing in Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant Union within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP Step 2: If appealed, the written grievance is not settled at Step 1 shall be presented by the Union and discussed with the employee wishes to appeal Sheriff or Sheriff’s Designee. The Sheriff or Sheriff’s Designee shall give the grievance to Union the Step 2 of the grievance procedure, it shall be submitted answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meetingthe Sheriff or Sheriff’s Designee’s final Step 2 answer. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP Step 3: If appealed, the written grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted presented by the Union and discussed with the County Administrator or Administrator’s Designee. The County Administrator or Administrator’s Designee shall give the Union the Employer’s answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingCounty Administrator’s or Designee’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived.
Step 4: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to provisions of the Public Employment Labor Relations Act within ten (10) calendar days. The selection of an arbitrator shall be made in accordance with the rules and regulations as established by the Bureau of Mediation Services. Absent any factors beyond the control of the Union or the Employer, the Union and the Employer shall select an arbitrator within ninety (90) calendar days from the date the Union appeals the grievance to Step 4 of the grievance procedure. If no selection is made within this ninety (90) day timeframe, the grievance shall be considered waived. However, no such waiver shall occur due to the failure of the Employer to engage in the selection process.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable grievance/arbitration procedure shall be subject to all State and Federal laws and judicial interpretations. Any grievance or dispute not submitted according to the foregoing procedure shall be foreclosed for an all contractual and legal purposes. No employee and his immediate supervisor shall be entitled to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, use the grievance will be processed as follows:
STEP 1: Any Employee procedure until the employee has completed their required probationary period. This includes employees who has a grievance shall submit wish to grieve the grievance in writing to the employee's immediate onDrug-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Free Workplace Last Chance Agreement. The FOPE shall not be required to process grievances for employees who are not members in good standing of the FOPE. Time limits set in this Article shall not include Saturdays, Sundays or paid Holidays or days off on a School Board calendar. Grievances filed during the period of June 15 to August 15 may be held in abeyance until the first week of the school year if grievant, witnesses and/or supervisor are on leave. Timeline for grievances held in abeyance will begin the first day students return. Failure of administrator to respond to a grievance within the prescribed time limits will allow FOPE to automatically move the grievance to the next step. Nothing herein shall contain preclude the earlier settlement of any grievance directly by agreement between the Employer and the FOPE; however, such settlement shall not constitute an admission that the contract was violated, nor shall it be used as a complete statement of facts, precedent for future contract interpretation. Any dispute or grievance arising between the provision employer and the FOPE or provisions any bargaining unit member over the interpretation or application of this Agreement which are alleged to have been violated, and shall be settled in the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than following manner: Within seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar working days after the employee, through the use of reasonable diligence, occurrence could have obtained knowledge of reasonably been known or the first occurrence grievant became aware of the event giving rise to the grievance. The immediate supervisor , the employee, with or without the assistance of the on-site representative, shall take it up with the Manager/Designee who shall render a written decision within five (5) working days and, if the grievant is not satisfied with the response then: Within seven (7) working days following the decision at Step One, the grievance shall be reduced to writing and signed by the aggrieved employee and the FOPE Business Representative and a copy given to the grievant appropriate administrator, as determined by the Superintendent or his designee. The FOPE representative, the grievant, and a representative designated by the employer shall meet and attempt to resolve the dispute. The Department Head or Director shall render a decision within seven (7) calendar days working days. If, after reviewing the grievance is presented.
STEP 2: If contractual language, the grievance is not settled at resolved in Step 1 Two, then the grievant and the employee wishes to appeal the grievance FOPE may proceed to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within Three: Within seven (7) calendar working days after receipt of following the City's answer decision at Step 1Two, the written grievance will be processed by the Employee & Labor Relations Department. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andFOPE Representative, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired designated by the Union representative employer shall meet and attempt to resolve the dispute. The response to the grievance shall be rendered within thirty (not to exceed three (3)30) within seven (7) calendar working days of receipt of the Union's appealthereafter. If no agreement the FOPE is reachednot satisfied with the response in Step Three, then: If the FOPE is not satisfied with the response in Step Three, the City Manager FOPE may request such dispute or the City Manager's designee shall submit a written answer grievance be submitted to the grievant and Union within seven (7) calendar days following the meetingArbitration, pursuant to Article 6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his A. Step 1 - Grievances shall be submitted to the officer's immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievancewriting. The immediate supervisor shall render issue a written response to the grievant decision within seven twelve (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (712) calendar days of receipt of the Union's appeal. grievance.
B. Step 2 - If no agreement the grievance is reachednot resolved at the first step, the City Manager or the City Manager's designee shall submit a written answer grievance may be submitted to the grievant and Union Chief of Police within seven twelve (712) calendar days following of receiving the meetingresponse from the immediate supervisor. The Chief of Police shall issue a written response within twelve (12) calendar days.
C. Step 3 - If the grievance is not resolved at the second step, then the grievance may be submitted to arbitration within twelve (12) calendar days of receiving the response from the Chief of Police. If within twelve (12) calendar days the parties cannot agree upon a method for selecting an arbitrator, they shall request a panel of five (5) arbitrators from the Wisconsin Employment Relations Commission. The parties shall alternately strike names from this list until only one name remains. The party requesting arbitration shall strike the first name. Each party shall pay one-half of the cost of the arbitrator. Each party shall be responsible for its own costs associated with arbitration. The decision of the arbitrator shall be final and binding upon both parties.
D. The time limits set forth in this Article shall be considered as substantive, and failure of the grievant to file and process the grievance within the time limits set forth in this Article shall be deemed a settlement and a waiver of the grievance. The number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process. These time lines may only be extended by the mutual written agreement of the parties.
E. The arbitrator shall schedule a hearing on the grievance and, after hearing such evidence and arguments as the parties desire to present, shall render a written decision. The arbitrator shall have no power or jurisdiction to add to, subtract from, modify or amend any term of this Agreement. The arbitrator shall have no authority to impose liability on the Village for events arising before the effective date of this Agreement. A decision of the arbitrator shall, within the scope of his or her authority, be binding upon the parties.
F. Not more than one (1) grievance at a time may be submitted to an arbitrator, unless mutually agreed upon by the parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union ▇▇▇▇▇▇▇ at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties acknowledge hereto that complaints shall be adjusted as quickly as possible, and it is usually most desirable for understood that an employee and has no grievance until he has first given his immediate supervisor to resolve problems through free and informal communicationsthe opportunity of adjusting his complaint. If, however, the informal process does not resolve the matter, the grievance will Such complaint shall be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's discussed with his immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than within seven (7) calendar days from the event giving rise to the grievance grievance, or within seven (7) calendar days after from when the employee, through the use of reasonable diligence, could employee should have obtained knowledge of the first occurrence reasonably become aware of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant grievance and, failing settlement within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance proceduredays, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the taken up as a grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3his immediate supervisor's decision in the following manner and sequence: If The employee must submit the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing signed by him to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2his immediate supervisor and may be accompanied, if he so desires, by his union ▇▇▇▇▇▇▇. The grievance shall specifically state identify the basis upon nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of workare alleged to have been violated. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union immediate supervisor will deliver his decision in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.day on which the grievance was presented to him. Failing settlement, then: Within seven (7)calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union ▇▇▇▇▇▇▇, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. The parties acknowledge that it is usually most desirable for Informal Discussion(s): Whenever possible, an affected employee and/or the Association and his immediate supervisor the administrator whose actions prompted the perceived contract violation, shall meet to resolve problems through free and informal communicationscommunication. IfA grievant shall first take up a complaint or problem with the grievant’s immediate supervisor, howeverdepartment head, or, with the human resources administrator in informal discussion(s). The grievant must attempt to schedule the first informal discussion within twenty (20) work days of becoming aware of the alleged violation. Every effort shall be made to resolve the complaint or problem at this level. If the employee is not satisfied with the informal discussion(s) relative to the matter in question, he/she may proceed to the formal grievance procedure Step 1. An employee may institute a grievance on his/her own recognizance or may request the assistance of the Association. Should the employee choose to file a grievance without the intervention of the Association, the informal process does Association shall be afforded the opportunity to be part of the meeting(s) in which the adjustment is made. The adjustment shall not resolve the matter, the be in conflict with this Agreement. The proper procedure for pursuing adjudication of alleged grievance will be processed is as follows:
STEP 1: Any Employee who has . Within twenty (20) work days of the time the employee demonstrably knew or should have known of the alleged violation, the aggrieved will notify the appropriate supervisor of a desire to discuss a grievance shall submit and also state the grievance in writing fact that this action possibly constitutes a grievance. If there is a question as to the employee's immediate on-duty supervisor appropriate supervisor, Human Resources will make a determination.
2. Within ten (10) work days of notification of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsalleged grievance, the provision appropriate supervisor will meet with the employee, either directly or provisions of this Agreement which are alleged to have been violatedaccompanied by another person designated by the employee, and discuss the relief requestedgrievance. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven Within fifteen (715) calendar days from the event giving rise to the grievance or within seven (7) calendar work days after the employee, through the use of reasonable diligence, could have obtained knowledge discussion of the first occurrence of grievance, the event giving rise to the grievance. The immediate supervisor shall render a written give his/her response to the grievant within seven (7) calendar days after the grievance is presentedaggrieved.
STEP 2: 10.3.1 Step 1:
1. If the grievance grievant is not settled at Step 1 and satisfied with the employee wishes to appeal the grievance to Step 2 of the grievance procedureresolution, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andmay, in the course of such investigation, shall offer to discuss the grievance within seven ten (710) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar work days of receipt of the Union's appealresponse, submit District’s “Classified Grievance Claim” form containing (1) the facts on which the grievance is based; (2) a reference to provisions of this Agreement or District Policy or Rule allegedly violated; (3) the remedy sought.
2. If no agreement is reachedWithin ten (10) work days of receipt of the form, the City Manager or the City Manager's designee appropriate supervisor shall submit a written answer response to theaggrieved.
10.3.2 Step 2:
1. If the grievant is not satisfied with the resolution at Step 1, the grievant may, within ten (10) work days of receipt of the written response in Step 1, submit the grievance to the Office of the Superintendent.
2. Within ten (10) work days of receipt of the grievance, the Office of the Superintendent or designee shall conduct a hearing to investigate and review the grievance. Both the grievant and Union within seven the Association shall be notified of the date, time, and place of the hearing. The employee shall be entitled to Association representation at the hearing. Within ten (710) calendar work days following after the meetinghearing, the Superintendent or designee shall provide the grievant with a written answer and explanation thereof, based on the data gathered at that hearing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for For the purpose of this Article, an “informal discussion between the parties” may be satisfied by a discussion between the employee and his immediate supervisor to resolve problems through free the Principal or between the employee and the Human Resources Manager regarding the dispute or difference. Where a dispute or difference has not been resolved following informal communications. If, howeverdiscussion between the parties, the informal process does not resolve agreed procedure for the matterresolution of all grievances, the grievance will except for dismissals which shall be processed initiated at Step 2, shall be as follows:
STEP 1: Any Employee who has (a) In the event of a grievance shall submit arising, the grievance in writing to specifying the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, offended Article and the relief requested. Preparation of these written materials remedy sought shall not be done during the employee's hours of work. All grievances must be presented no later than seven in writing, within thirty (730) calendar working days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response , to the grievant within seven (7) calendar days after Principal and a copy presented to the grievance is presentedHuman Resources Manager on the same day or as soon as practicable.
STEP 2: If (b) The employee concerned, a representative of SEIU -West, and if the grievance is not settled at Step 1 employee desires, a member of the local bargaining unit shall meet with the Principal and the employee wishes to appeal the grievance to Step 2 Director of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer Education or designate to discuss the grievance within seven ten (710) calendar working days with of its receipt by the grievant and an authorized representative of the Union at Human Resources Manager.
(c) The Principal or Human Resources Manager, as applicable, shall render a time mutually agreeable written decision to the parties. If no settlement employee, with a copy to the Union, within ten (10) working days of the grievance is reachedsuch discussion.
(d) The parties may agree to a single arbitrator.
(a) Failing agreement under Step 1, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall application for a hearing may be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred made by the Union in writing through the Human Resources Manager to the City Manager Employer within seven ten (710) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar working days of receipt of the Union's appealdecision at Step 1.
(b) The hearing shall occur at the next regular meeting of the Employer following receipt of the application, when the Employer meeting occurs within three (3) working days following receipt of the application. If no agreement is reachedOtherwise such hearing shall occur at the next subsequent regular meeting of the Employer.
(c) The Employer shall send its decision, the City Manager or the City Manager's designee shall submit a written answer in writing, to the grievant and Union employee, with a copy to the Union, within seven ten (710) calendar working days of the hearing.
(a) Grievances which cannot be resolved through the above may be referred to a Board of Arbitration within twenty (20) working days following receipt of the meetingEmployer’s decision at Step 2.
(b) The Board of Arbitration shall consist of one (1) member appointed by the Union, one (1) member appointed by the Employer, and a chairperson, jointly named by the two (2) members so appointed.
(c) Where the appointees of the parties fail to agree, within twenty (20) working days of the second nominee’s appointment, on the appointment of a chairperson either party may request the chairperson of the Labour Relations Board to appoint the chairperson.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor are encouraged to resolve problems through free and informal communicationsdiscussions any grievances as defined herein. IfWhen specifically requested by the employee, however, a CWA representative may accompany the employee to assist in the informal process does resolution of the grievance. Such informal discussions are not resolve to be construed as a part of the mattergrievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance will shall be processed as follows:according to the following procedure.
STEP (1: Any Employee who has ) If the employee or CWA is unable to resolve a grievance shall submit informally, a written statement of the grievance in writing shall be prepared, signed by the Grievant and delivered to the aggrieved employee's immediate on-duty supervisor of Appointing Authority or designee within fourteen (14) days after the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the first event giving rise to the grievance or within seven fourteen (714) calendar days after the employeeemployee or CWA, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor An employee grievant shall render deliver a copy of the written response grievance to the CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is based and the specific relief requested.
(2) After the written grievance is submitted, the Appointing Authority or designee shall meet with the grievant within seven ten (710) calendar days after receipt of the grievance. A CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the President of the Union within ten (10) days after the grievance is presented.
STEP 2hearing. Second Step: If the grievance is not settled satisfactorily resolved at Step 1 and the employee wishes to appeal First Step, the grievant and/or the Union may submit the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief Director of Human Resources or designee, within seven ten (710) calendar days after receipt of the City's answer at First Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chiefanswer, or within ten (10) days of when the Police Chief's designeeFirst Step answer was due, shall investigate the grievance and, in the course whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, Human Resources or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union President or the Vice President, and/or a representative of CWA within ten (not to exceed three (3)10) within seven (7) calendar days of after receipt of the Uniongrievance. The Director of Human Resources or designee, after consultation with the grievant's appeal. If no agreement is reachedAppointing Authority or designee, the City Manager or the City Manager's designee shall submit give a written answer to the grievant and President of the Union within seven ten (710) calendar days following after the meetinghearing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must as defined herein shall be presented no later than seven processed in accordance with this procedure. The Union may refuse to represent a grievance and the District may refuse to consider a grievance in those circumstances where the aggrieved party has not followed this procedure.
Step 1: Within twenty (720) calendar days from of the event acts and/or omissions giving rise to the grievance or within seven twenty (720) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence time the employee or the Union should reasonably have been aware of said acts and/or omissions, the event giving grievance shall be discussed informally with the supervisor(s) most directly responsible for the circumstances which gave rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 resolved within twenty (20) days of the grievance procedure, date on which it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer is first presented at Step 1. , the grievance may proceed to Step 2.
Step 2: The grievance shall specifically state may be presented to the basis upon which District’s Human Resources Manager on the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance form provided for this purpose and incorporated herein by reference as Appendix A within seven ten (710) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingconclusion Step 1.
STEP Step 3: If the grievance is not settled A request for binding arbitration at Step 2 and the employee wishes to appeal the grievance to Step 3 of this procedure shall be made in writing by the Union to the Human Resources Manager within fifteen (15) days of the date of which the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt received a copy of the City's answer written determination at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not An arbitrator may be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to selected by mutual agreement between the parties. If no settlement Should the parties fail to agree upon an arbitrator, they shall make a joint request to the grievance a joint request to the Mediation and Conciliation Service of the grievance is reachedState of California for a list of five (5)-qualified arbitrators. Each party shall alternative strike one name from the list and the last remaining name shall serve as arbitrator. The first party to strike a name shall be determined by the toss of a coin. It shall be understood in disputes involving interpretation of the MOU, that the arbitrator will only interpret this MOU and will not have the power to add, to delete from, or amend any part of this agreement. The arbitrator’s decision shall be final and binding on the District, the Police ChiefUnion, and the grievance. All fees and costs or the Police Chief's designeearbitrator and court reporter, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appealif any, it shall will be referred borne by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetinglosing party.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a The aggrieved employee shall present his/her grievance shall submit the grievance in writing orally to the employee's his/her immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreementsupervisor. The grievance shall contain a complete statement aggrieved employee may request that an Association representative be present. Discussions will be informal for the purpose of facts, settling differences in the provision or provisions of this Agreement which are alleged to have been violated, simplest and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievancemost direct manner. The immediate supervisor shall render reach a written response decision and communicate it orally to the grievant aggrieved employee within seven five (75) calendar working days after from the date the grievance is presentedwas heard by the Supervisor.
STEP 2: If the grievance is not settled at Step 1 and the first step, the aggrieved employee wishes to appeal shall reduce the grievance to Step 2 writing on the standard Grievance Form, sign it and present it to the Department Head within five (5) working days of the response of the Supervisor. The Department Head shall investigate the alleged grievance procedureand have a meeting with the aggrieved employee within five (5) working days of receipt of the written grievance. The Department Head shall notify the aggrieved employee of his/her decision, it shall be submitted in writing to the Deputy Police Chief within writing, not later than seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar working days following their meetingthe meeting date.
STEP 3: If the grievance is not settled at Step 2 and the second step, the aggrieved employee wishes to appeal shall forward the written grievance to Step 3 the City Manager within five (5) working days of the grievance procedure, it decision of the Department Head. The City Manager shall be submitted in writing to meet with the Police Chief Union only on class action grievances within seven five (75) calendar working days after of receipt of the City's answer at Step 2written grievance. The City Manager may meet with an individual employee who has filed a grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employeeCity Manager's hours of workdiscretion. The Police Chief, or City Manager shall have ten (10) workdays from the Police Chief's designee, shall investigate the grievance and, in the course date of such investigation, shall offer receipt to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingresponse on any grievance.
STEP 4: If a grievance, as defined in this Section, has not been satisfactorily resolved within the Grievance Procedure, the Union may request arbitration or to advance the grievance to the Personnel Board no later than ten (10) working days after the City Manager's response is not settled at Step provided in STEP 3 and of the Union desires to appeal, it Grievance Procedure. This request shall be referred by in the Union in writing form of a request to the City Manager within Federal Mediation and Conciliation Service, for a list of seven (7) calendar days after receipt of arbitrators or a letter received by the City's answer at Step 3. Thereafter, Human Resources Director requesting to utilize the City Manager or procedures established in the Personnel Code to appeal the City Manager's designee and decision. Once the Police Chief or other appropriate individual(slist is secured from FMCS, the parties shall have a maximum of twenty (20) as desired by workdays to alternately strike names from the City Manager list until only one name remains; the party requesting the list shall have the first strike. Each party shall have two working days to implement each strike except for the first strike which shall have five (not to exceed three 5) workdays. The First strike shall be made within five (3)5) workdays of the certified date that both parties are in receipt of the FMCS list. The second strike shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative occur within two (not to exceed three (3)2) within seven (7) calendar days workdays of receipt of the Union's appealfirst strike and each strike shall be made within two (2) workdays of receipt of the preceding strike until all strikes are completed. If no agreement is reachedA party who fails to make its' strike within the prescribed time frames shall forfeit its' right to make that strike, and the City Manager or opposing party shall then have two strikes. Nothing contained in this Article shall prevent any employees covered by this Agreement from processing his/her own grievance unassisted through the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingGrievance Procedure.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Assistant Chief as designated by the EMPLOYER. The parties acknowledge that EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this the Agreement which are alleged to have been allegedly violated, the remedy requested, signed by the EMPLOYEE involved, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be waived.
STEP Step 2: . If appealed, the written grievance is not settled at Step 1 shall be presented by the UNION and discussed with the employee wishes to appeal the grievance to EMPLOYER-designated Step 2 of the grievance procedurerepresentative, it which shall be submitted the Police Chief or designee. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the EMPLOYER-designated representative's final answer in Step 2. Any grievance is not settled at Step 2 and the employee wishes to appeal the grievance appealed in writing to Step 3 of by the grievance procedure, it UNION within ten (10) calendar days shall be submitted considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative, which shall be the Council Administrator. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting3 grievance.
STEP Step 4: If the . A grievance is not settled at unresolved in Step 3 and the Union desires appealed to appeal, it Step 4 shall be referred by the Union in writing submitted to arbitration subject to the City Manager within seven (7) calendar days after receipt provisions of the City's answer at Step 3. ThereafterPublic Employment Labor Relations Act of 1971, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingamended.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that a. An employee with a grievance shall first discuss it is usually most desirable for with the Food Service Director in an employee and his immediate supervisor attempt to resolve problems through free and the matter mutually at that level. A decision will be rendered by the Food Service Director within five (5) workdays.
b. If the aggrieved person is not satisfied with the informal communications. Ifresolution of the grievance by the Food Service Director, howeveror if no decision has been rendered within five (5) workdays, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has employee with a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor Food Service Director. The Food Service Director shall meet with the employee within five (5) workdays after receiving the written grievance.
c. If the aggrieved person is not satisfied with the disposition of the rank of sergeant grievance by the Food Service Director, or higherif no decision has been rendered within five (5) workdays after his/her first meeting, specifically indicating the employee shall notify the Union within five (5) workdays if he/she wishes to proceed with the grievance. If the Union determines that the matter is should be appealed, a written grievance under this Agreementshall be filed with the Director of Human Resources within five (5) workdays. The grievance Director of Human Resources shall contain meet with the employee, a complete statement representative of facts, the provision or provisions of this Agreement which are alleged to have been violatedUnion, and the relief requested. Preparation of these Food Service within five (5) work days after receiving the written materials grievance and shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise communicate his/her decision in writing to the grievance or aggrieved person, the Union and the Food Service Director within seven five (75) calendar work days after the employee, through meeting.
d. If the use of reasonable diligence, could have obtained knowledge aggrieved person is not satisfied with the disposition of the grievance by the Director of Human Resources, or if no decision has been rendered within five (5) workdays after his/her first occurrence of meeting, the event giving rise employee shall notify the Union within five (5) workdays if he/she wishes to proceed with the grievance. The immediate supervisor shall render If the Union determines that the matter should be appealed, a written response grievance shall be filed with the Superintendent within five (5) workdays. The Superintendent shall meet with the employee, a representative of the Union, and the Food Service within five (5) work days after receiving the written grievance and shall communicate his/her decision in writing to the grievant aggrieved person, the Union, the Food Service Director, and the Director of Human Resources within seven five (75) calendar work days after the grievance is presentedmeeting.
STEP 2: e. If the grievance aggrieved person is not settled at Step 1 satisfied with the disposition of the grievance by the Superintendent, he/she shall notify the Union within five (5) workdays after receipt of the Superintendent’s decision. If the union determines that the matter should be arbitrated, it shall so advise the Director of Human Resources in writing within ten (10 working days of the receipt of the employee’s request.
f. The parties will hereby designate a mutually agreed upon arbitrator for the resolution of grievances.
g. Within ten (10) workdays of notification to the Director of Human Resources of the Union's determination that the matter should be arbitrated, the District shall contact each of the above arbitrators, notify the arbitrators as to the nature of the dispute, and determine when each arbitrator is available to hear the grievance.
h. The arbitrator who is available on the earliest date, which is mutually convenient for the parties, shall be selected to arbitrate the grievance. Following selection of the arbitrator, the District shall request that the arbitrator meet with the employee and representatives of the Union and the District to resolve said dispute within the terms of this Agreement.
i. After receiving notice of the request for arbitration, the arbitrator shall meet with the affected employee wishes and parties representing the Union and the District, and shall proceed forthwith to appeal make a binding disposition of the grievance by such means and methods as he may determine to Step 2 be necessary. If the employee refuses to meet with the arbitrator, the decision of the Director of Human Resources shall be upheld. The arbitrator is limited in his authority to interpreting the Agreement in the resolution of the issue submitted to him by the parties and has no authority to alter, change or modify any provision of this Agreement.
j. The arbitrator shall prepare a written decision and no appeal thereafter shall be permitted.
k. The cost of arbitration, including arbitrator's fees and reasonable expenses, shall be born equally by the District and the Union.
l. No reprisals of any kind will be taken by the District or the Union against any party of interest or other participant in the grievance procedure. Any party of interest may be represented by counsel or by a representative selected by the Union. The Union may appear to be heard at any stage of the grievance procedure.
m. Forms for the grievance procedure will be jointly prepared by the Director of Human Resources and the Union and given appropriate distribution.
n. A grievance, which is not filed within forty five (45) workdays of the event or events underlying the alleged grievance, shall be waived, regardless of whether the employee knew or should have known of the act or condition on which the grievance is based.
o. A grievance involving a group of employees from different buildings may be submitted in writing by the Union directly to the Director of Human Resources. The Director of Human Resources may, in his/her sole discretion, process the grievance as if (1) it constituted a single grievance, or (2) it were a group of individual grievances, all of which had been processed through the preliminary steps described in this Agreement.
p. A grievance involving the discharge of an employee shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing directly to the City Manager within seven (7) calendar days after receipt Director of Human Resources.
q. Time limits for the City's answer at Step 3. Thereafterprocessing of grievances may be extended by mutual agreement, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired in writing, executed by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingboth parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a. PRE-STEP: The parties acknowledge that grievant shall make every effort to resolve a grievance informally.
b. STEP A: If the grievance is not satisfactorily resolved in the PRE-STEP, the grievant may pursue his grievance further, provided it is usually most desirable for an employee reduced to writing and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing submitted to the employee's immediate onAcademic Vice President/▇▇▇▇ or his/her designated representative within twenty-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven one (721) calendar days from of the event date when the aggrieved faculty member knew or reasonably should have known of the act of occurrence giving rise to the grievance. The written grievance shall specify the exact nature of the grievance, including the specific conduct or occurrence giving rise to the grievance, as well as the specific section or sections of the contract alleged to be violated. Failure to follow the specification provisions of this section will result in the grievance being dismissed as “without merit.” The Academic Vice President/▇▇▇▇ or her designated representative will make written disposition of the grievance, said disposition to contain explanation for the disposition, copy to the grievant and the MFT, within twenty-one (21) calendar days of the receipt of said grievance. During this twenty-one (21) calendar day period, a meeting of the grievant shall be scheduled unless agreed to the contrary by all concerned. Failure of the parties to schedule such meeting will not waive the obligation for written disposition of the grievance by the Academic Vice President/▇▇▇▇ with twenty-one (21) calendar days unless mutually agreed to waive.
c. STEP B: In the event the matter is not satisfactorily resolved at Step A, the grievance may be appealed in writing by the grievant to the President within seven (7) calendar days after the employeedisposition in Step A. The President or her designee shall, through the use of reasonable diligence, could have obtained knowledge within twenty-one (21) calendar days of the first occurrence receipt of the event giving rise grievance schedule a meeting for discussion of said grievance. This meeting shall be scheduled within twenty-one (21) calendar days unless agreed to the grievancecontrary by all concerned. The immediate supervisor shall render a written response to the grievant within Within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedurefollowing said meeting, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union or within seven (7) calendar days following their an agreement by all concerned to waive said meeting, the decision of the President shall be communicated in writing to the aggrieved faculty member and the MFT.
d. STEP 3C: If For those grievances subject to arbitration, if the grievance is not settled suitably resolved at Step 2 and B, the employee wishes to appeal the grievance to Step 3 of the grievance procedureMFT may, it shall be submitted in writing to the Police Chief within seven twenty-one (721) calendar days after receipt of the City's answer at Step 2written decision, submit the matter to the American Arbitration Association (AAA) for binding arbitration under that Association’s rules. The grievance decision of the arbitrator shall specifically state be final and binding upon the basis upon which parties. The authority of the grievant believes that arbitrator shall be limited to interpretation or application of specific provisions of the grievance was improperly denied at Agreement and to grievances, as set forth in Section 1 of the previous step in Article, processed through the grievance procedure. Preparation of these written materials The arbitrator shall not be done during the employee's hours of workhave no authority to alter, amend, or modify this Agreement, either directly or by implication. Binding arbitration is reserved for tenured and 5-year term contract faculty members only. The Police Chief, or time limits at any step of this procedure may be extended by mutual agreement in writing by the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant MFT and the Union within seven (7) calendar days following their meetingCollege.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Any grievance, as defined by section 7.1, shall be resolved in conformance with the following procedure:
Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Chief. The parties acknowledge that it is usually most desirable for an employee Chief shall discuss and his immediate supervisor give a written response to resolve problems through free such Step 1 grievance within ten (10) calendar days after receipt of the written notice of grievance. A grievance not resolved at Step 1 and informal communications. If, howeverappealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsfacts on which it was based, the provision or provisions of this Agreement which are alleged to have been allegedly violated, and the relief requested. Preparation of these written materials remedy requested and shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through Chief's written response at Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge Union within ten (10) calendar days of the first occurrence of Chief’s written response in Step 1 shall be considered waived.
Step 2. If appealed, the event giving rise written grievance shall be presented by the Union to the Human Resources Generalist. The City Administrator and the Human Resources Generalist shall discuss the grievance. The immediate supervisor City Administrator shall render a written response to give the grievant within seven (7) calendar days after Union the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Employer's Step 2 of the grievance procedure, it shall be submitted answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer such Step 2 grievance. A grievance not resolved at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the City Administrator's Step 2 written response. Any grievance is not settled appealed in writing to Step 3 by the Union within ten (10) calendar days after the City Administrator’s written response at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the City Council through the City Administrator. The City Council through the City Administrator shall give the Union the Employer's response in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 23 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled resolved at Step 3 and the Union desires may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingCity Council’s through the City Administrator's written response at Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days after the City’s Council written response at Step 3 shall be considered waived.
Step 4. A grievance unresolved at Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration. A grievance arbitration for written disciplinary action, discharge or termination shall follow the arbitrator selection procedures established in Minnesota Statute 626.892. For all other grievance matters, if the parties are unable to agree on the selection of an Arbitrator, the Union shall request a list of Arbitrators to be submitted to the Employer and the Union by the Bureau of Mediation Services.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure:
Step 1 An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within fourteen (14) calendar days after such alleged violation has occurred, present such grievance to the Director of Public Safety. The parties acknowledge that Director of Public Safety will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through Director of Public Safety’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of If appealed, the written grievance procedure, it shall be submitted presented by the UNION and discussed with the City Administrator. The City Administrator shall give the UNION the EMPLOYER's Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance. A grievance not resolved in Step 2 may be appealed to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven ten (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingCity Administrator’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived.
Step 3 If desired by the Union, the Union may submit a written or electronic request to the Employer-designated Step 2 representative to mediate the grievance through the Bureau of Mediation Services. The grievance may be mediated if agreed to by both parties. A grievance not resolved in Step 3 within ten (10) calendar days following the Employer- designated representative’s written refusal to mediate or completion of mediation as designated by the mediator may be appealed to Step 4. Any grievance not appealed in writing to Step 4 by the Union within ten (10) days shall be considered waived.
Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made consistent with the rules established by the Bureau of Mediation Services.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. IfGrievances, howeveras defined by Section 6.1, shall be resolved in conformance with the informal process does not resolve the matter, the grievance will be processed as followsfollowing procedure:
STEP Step 1: Any Employee who . An employee claiming a violation concerning the interpretation or application of this Agreement shall, within fourteen (14) calendar days after such alleged violation has a grievance shall submit the occurred, present such grievance in writing to the employee's immediate on-duty supervisor of as designated by the rank of sergeant or higher, specifically indicating that the matter is a grievance under this AgreementEMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven within fourteen (7) calendar days from the event giving rise to the grievance or within seven (714) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievancereceipt. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the A grievance is presented.
STEP 2: If the grievance is not settled at resolved in Step 1 and the employee wishes and/or the UNION wish to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted placed in writing to and signed by the Deputy Police Chief employee and the UNION setting forth the
Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER’S Step 2 answer in writing within seven fourteen (714) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance. A grievance not resolved in Step 2 may be appealed to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven fourteen (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (714) calendar days following the meetingEMPLOYER designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within fourteen (14) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER'S answer in writing within fourteen
Step 4. If the grievance is still unsettled, the UNION may within fourteen (14) calendar days after the date that the EMPLOYER'S Step 3 reply is due, by written notice to the EMPLOYER, petition the Bureau of Mediation Services for assistance in settling the grievance through mediation. If either party determines the mediation process shall serve no further purpose, the UNION may, within fourteen (14) calendar days by written notice to the EMPLOYER, request arbitration of the dispute.
Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. If the parties cannot agree upon an Arbitrator within fourteen (14) calendar days following the EMPLOYER-designated representative’s final answer in Step 4, they may request a list of neutral Arbitrators from the Bureau of Mediation Services.
Appears in 2 contracts
Sources: Memorandum of Agreement, Collective Bargaining Agreement
Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE's supervisor as designated by the EMPLOYER. The parties acknowledge that EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP Step 2: . If appealed, the written grievance is not settled at Step 1 shall be presented by the UNION and discussed with the employee wishes to appeal the grievance to EMPLOYER-designated Step 2 of representative, the grievance procedure, it Department Head. The Department Head shall be submitted give the UNION the EMPLOYER's Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the grievance is not settled at Department Head’s final Step 2 and the employee wishes to appeal the answer. Any grievance not appealed in writing to Step 3 of by the grievance procedure, it UNION within ten (10) calendar days shall be submitted considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative, the City Manager. The City Manager shall give the UNION the EMPLOYER's answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingCity Manager's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable grievance/arbitration procedure shall be subject to all State and Federal laws and judicial interpretations. Any grievance or dispute not submitted according to the foregoing procedure shall be foreclosed for an all contractual and legal purposes. No employee and his immediate supervisor shall be entitled to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, use the grievance will be processed as follows:
STEP 1: Any Employee procedure until the employee has completed their required probationary period. This includes employees who has a grievance shall submit wish to grieve the grievance in writing to the employee's immediate onDrug-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Free Workplace Last Chance Agreement. The FOPE shall not be required to process grievances for employees who are not members in good standing of the FOPE. Time limits set in this Article shall not include Saturdays, Sundays or paid Holidays or days off on a School Board calendar. Grievances filed during the period of June 15 to August 15 may be held in abeyance until the first week of the school year if grievant, witnesses and/or supervisor are on leave. Timeline for grievances held in abeyance will begin the first day students return. Failure of administrator to respond to a grievance within the prescribed time limits will allow FOPE to automatically move the grievance to the next step. Nothing herein shall contain preclude the earlier settlement of any grievance directly by agreement between the Employer and the FOPE; however, such settlement shall not constitute an admission that the contract was violated, nor shall it be used as a complete statement of facts, precedent for future contract interpretation. Any dispute or grievance arising between the provision employer and the FOPE or provisions any bargaining unit member over the interpretation or application of this Agreement which are alleged to have been violated, and shall be settled in the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than following manner: Within seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar working days after the employee, through the use of reasonable diligence, occurrence could have obtained knowledge of reasonably been known or the first occurrence grievant became aware of the event giving rise to the grievance. The immediate supervisor , the employee, with or without the assistance of the on-site representative, shall take it up with the Manager/Designee who shall render a written decision within five (5) working days and, if the grievant is not satisfied with the response then: Within seven (7) working days following the decision at Step One, the grievance shall be reduced to writing and signed by the aggrieved employee and the FOPE Business Representative and a copy given to the grievant appropriate administrator, as determined by the Superintendent or his designee. The FOPE representative, the grievant, and a representative designated by the employer shall meet and attempt to resolve the dispute. The Department Head or Director shall render a decision within seven (7) calendar days working days. If, after reviewing the grievance is presented.
STEP 2: If contractual language, the grievance is not settled at resolved in Step 1 Two, then the grievant and the employee wishes to appeal the grievance FOPE may proceed to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within Three: Within seven (7) calendar working days after receipt of following the City's answer decision at Step 1Two, the written grievance will be processed by the Employee & Labor Relations Department. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andFOPE Representative, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired designated by the Union representative employer shall meet and attempt to resolve the dispute. The response to the grievance shall be rendered within thirty twenty (not to exceed three (3)320) within seven (7) calendar working days of receipt of the Union's appealthereafter. If no agreement the FOPE is reachednot satisfied with the response in Step Three, then: If the FOPE is not satisfied with the response in Step Three, the City Manager FOPE may request such dispute or the City Manager's designee shall submit a written answer grievance be submitted to the grievant and Union within seven (7) calendar days following the meetingArbitration, pursuant to Article 6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will Grievances shall be processed as followsin the following manner:
STEP Step 1: Any Employee who has a grievance shall A bargaining unit member must submit the his/her grievance in writing to and such grievance must be received by the employee's immediate on-duty supervisor within twenty (20) work days of the rank of sergeant or higher, specifically indicating that date when the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event events giving rise to the grievance or within seven (7) calendar days after occurred. Such submission shall be made to the employee, through immediate supervisor for a satisfactory adjustment. The written grievance must indicate the use of reasonable diligence, could have obtained knowledge specific nature of the first occurrence grievance and the specific contract provision(s) alleged to be violated. Such immediate supervisor may request a meeting with the bargaining unit member prior to making his/her decision, but in any event must render his/her decision within five (5) work days of the event giving rise to the grievancesubmission. The immediate supervisor shall render bargaining unit member may be accompanied by a written response to the grievant within seven (7) calendar days after the grievance is presentedUnion representative if he/she so desires at any such meeting.
STEP Step 2: If no satisfactory settlement is reached after presentation of the grievance at Step 1, the grievance may be pursued by the bargaining unit member to the Chief Labor and Legal Services Officer (or his/her designee) by providing the Chief Labor and Legal Services Officer (or his/her designee) with a copy of such grievance and requesting a meeting in writing, within ten (10) work days of the decision of the Supervisor at Step 1. The Chief Labor and Legal Services Officer or his/her designee will schedule a meeting with the Grievant to attempt to resolve the issues related to the grievance within twenty (20) work days following the bargaining unit member’s filing the grievance with the Chief Labor and Legal Services Officer (or his/her designee). The Chief Labor and Legal Services Officer (or his/her designee) shall have ten (10) work days after holding the meeting to issue a written decision. A copy of the decision shall be provided to both the Grievant, if a Grievant was present at the meeting, and the Union. Step 3: In the event that the grievance is not settled at Step 1 or Step 2, then the Union may seek arbitration of the grievance. No bargaining unit member may file for arbitration as an individual, but only the Union may file an appeal to arbitration hereunder. The Union’s request for arbitration shall be in writing and must be filed with the employee wishes applicable arbitration agency with a copy to appeal the grievance to Chief Labor and Legal Services Officer within ten (10) work days after the receipt of the Chief Labor and Legal Services Officer’s (or his/her designee's) decision at Step 2 or not later than ten (10) work days following the expiration of the grievance proceduretime limits for making such a decision, it whichever shall occur first. All grievances filed for arbitration shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt American Arbitration Association. In lieu of submitting grievances to the American Arbitration Association for arbitration the parties may by mutual agreement submit grievances to a single arbitrator mutually selected by them. The decision of the City's answer at Step 1arbitrator shall be final and binding upon both parties, except as otherwise provided by law. The grievance arbitrator shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andhave no power to add to, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chiefdelete from, or modify in any way the Police Chief's designee, shall investigate the grievance and, in the course provisions of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingthis Agreement.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable 1. A grievance may be presented at the lowest possible level for an employee and his immediate supervisor to resolve problems through free discussion and informal communicationsresolution. If, however, the If informal process resolution does not resolve take place at the matterlowest level then the next practical level of informal resolution shall be sought.
2. The time spent at seeking an informal resolution shall not be counted against the time limits, which are defined in Article 6, F.
1. In order to document that informal resolution is being sought either the company officer or shift commander must place an entry in their daily report. If informal resolution is being sought through the Deputy Chief of Chief, no such entry must be made in a daily report.
3. A claim which cannot be settled equitably through informal discussion may be submitted as a written grievance will be processed as follows:
STEP 1: Step 1 Any Employee employee who feels aggrieved may present his/her type written or computer generated written grievance to his/her shift commander. Once the written grievance has been presented to the employee’s shift commander, the shift commander will within ten (10) calendar days meet and discuss the grievance with the grievant and the Grievance Processor. Within ten (10) calendar days after such a grievance meeting, the shift commander shall submit answer the grievance in writing to the employee's immediate on-duty supervisor Grievance Processor with a copy to the President of the rank Association, the grievant, the shift commander and the Chief of sergeant the Department.
Step 2 If the grievance is still unsettled, the grievance committee member, the aggrieved and the President of the Association, or higherhis/her designated representative may, specifically indicating that within ten (10) calendar days, after the matter shift commander’s response is a grievance under this Agreementdue, appeal it to the Chief of the Department or his/her designated representative. The Chief of the Department will within ten (10) calendar days, meet and discuss the grievance shall contain a complete statement of factswith the Grievance Processor, the provision or provisions of this Agreement which are alleged to have been violated, grievant and the relief requestedPresident of the Association. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven Within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after such meeting, the employee, through the use of reasonable diligence, could have obtained knowledge Chief of the first occurrence of the event giving rise to the grievance. The immediate supervisor department shall render a written response to the grievant within seven (7) calendar days after answer the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt President of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andAssociation, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer copy to the grievant and the Union within seven (7) calendar days following their meetingGrievance Processor.
STEP 3: Step 3 If the grievance is not settled at Step 2 and still unsettled, the employee wishes to President of the Association may appeal the grievance to Step 3 the Director of the grievance procedure, it shall be submitted in writing to the Police Chief Personnel within seven ten (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (710) calendar days of receipt of the Union's appealDepartment Chief’s answer. If no agreement is reachedThe Director of Personnel or his/her designated representative, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven ten (710) calendar days of such appeal meet with the grievance committee member, the aggrieved and the President of the Association or his/her designated representative. The Director of Personnel shall give his/her written, dated and signed disposition of the grievance within ten (10) calendar days after such a meeting to the President of the Association.
Step 4 If after receiving the grievance, the Association feels the disposition is still not satisfactory, it may within thirty (30) calendar days after the answer is due, and by written notice to the other party, request arbitration. Within ten (10) days following the meetingnotice of arbitration, both parties will attempt to select an Arbitrator on an Ad Hoc basis. In the event the parties cannot agree upon an Arbitrator, within ten (10) days, the Association will make a request to the American Arbitration Association. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of the Arbitrator. Parties may mutually agree to utilize MERC in lieu of the American Arbitration Association on a case‐by‐case basis. The Arbitrator so selected under either procedure will hear the matter promptly and will issue his/her decision no later than thirty (30) days from the date of the close of the hearings. The Arbitrator’s decision will be in writing and will set forth his/her findings of facts, reasoning and conclusion on the issue submitted. The power of the Arbitrator stems from this Agreement and his/her function is to interpret and apply this Agreement and to pass upon alleged violations thereof. The Arbitrator shall have no power to add to, subtract from, or modify any terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the Arbitrator shall determine if the discharge or discipline was for just cause; and he/she may review the penalty imposed and if he/she shall determine it to be inappropriate and /or unduly severe, he/she may modify it accordingly. The Arbitrator shall have the authority in cases concerning discharge, discipline and /or other matters, if he/she shall so determine, to order the payment of back wages and compensation for an employee, which the employee would otherwise have received. The Arbitrator’s award shall be final and binding on the parties and affected employees. The above grievance procedure shall be exclusive of the procedures of Act 78, P.A. 1935, as amended, and the employee or Union acting on behalf of the employee or employees, shall not utilize Act 78 procedures after proceeding through the above grievance procedures to arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. IfGrievances, howeveras defined by Section 6.l, shall be resolved in conformance with the informal process does not resolve the matter, the grievance will be processed as followsfollowing procedure:
STEP Step 1: Any Employee who . An EMPLOYEE claiming a violation concerning the interpretation or application of the AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has a grievance shall submit the occurred, present such grievance in writing to the employee's immediate on-duty EMPLOYEE’S supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give a written answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the rank of sergeant or highergrievance, specifically indicating that the matter facts on which it is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, and the relief requested. Preparation of these written materials remedy requested and shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through EMPLOYER designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP Step 2: . If appealed, the written grievance is not settled at Step 1 shall be presented by the UNION and discussed with the employee wishes to appeal the grievance to EMPLOYER designated Step 2 of representative. The EMPLOYER designated representative shall give the grievance procedure, it shall be submitted UNION the EMPLOYER’S Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the grievance is not settled at EMPLOYER designated representative’s final Step 2 and the employee wishes to appeal the answer. Any grievance not appealed in writing to Step 3 of by the grievance procedure, it UNION within ten (10) calendar days shall be submitted considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER’S answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingEMPLOYER designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4. If the grievance is still unsettled, the UNION may, within ten (10) calendar days after the reply of the Step 3 representative was due by written notice to the EMPLOYER, petition the Bureau of Mediation Services for assistance in settling through mediation. If either party determines during the mediation process that further mediation would serve no purpose, the UNION may, within ten (10) calendar days by written notice to the EMPLOYER, request arbitration of the dispute.
Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Public Employment Relations Board.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and A teacher who believes a violation of this agreement has occurred shall first discuss the matter with his immediate supervisor to resolve problems through free and informal communications. If, however, building principal with the informal process does not resolve objective of resolving the matter, the grievance will be processed as follows:matter informally.
STEP Step 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that If the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsnot resolved informally, the provision or provisions of this Agreement which are alleged to have been violated, and teacher shall file a formal grievance on the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted form set forth in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred Appendix E signed by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by of the Union representative Association with the building principal within fifteen (not to exceed three (3)15) within seven (7) calendar days of the event on which the grievance is based .
a. Within 7 days of receipt of the Uniongrievance, the above designated administrator shall meet with the aggrieved person either individually, or together with his Association Representative, or alone with the Association Representative in the aggrieved person's appealabsence.
b. Within 7 days after the meeting, the administrator shall state his decision in writing, and furnish a copy thereof to the teacher and the Association. If the Association is not satisfied with the disposition of the grievance, or if no agreement is reacheddisposition has been made within 7 days after the previous meeting, the City Manager or grievance shall be deemed denied and then the City Manager's designee shall submit a written answer grievance may be appealed by the Association in writing to the grievant Superintendent of schools within 7 days after the decision in Step 1 is given or is required to be given if none is given.
a. Within 5 days of receipt of the grievance, the superintendent shall meet with the Association representative alone or together with the aggrieved person, if the aggrieved person desires.
b. Within 7 days after the meeting, the superintendent shall state his decision in writing, and Union furnish a copy thereof to the teacher and the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within 7 days after the meeting prescribed in Step 2, an appeal may be filed in writing by the Association with the Secretary of the Board of Education within 7 days after the decision is Step 2 is given or is required to be given if non is given. The Board, no later than its next regular meeting or two calendar weeks, whichever shall be later, shall review such grievance, or hold a hearing on the grievance, or give other consideration as it shall deem appropriate. Disposition of the grievance by the Board in writing shall be made no later than 7 days thereafter. A copy of such disposition shall be given to the teacher and the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made and the Association wishes to continue with the grievance, notification of same will be submitted to the Board within seven (7) days following completion of Step 3, the grievance may be submitted to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five calendar days following from the meetingnotification date that arbitration will be pursued, he shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it Any dispute concerning the application, interpretation or enforcement of this Agreement shall be resolved in the following manner and sequence. Any and all time limits specified in this Section may be waived by documented mutual consent of the parties. If any time period shall end on a weekend or holiday, the time limits shall be extended to the end of the next working day. Within thirty (30) calendar days immediately following the date the employee had or by reasonable diligence should have had knowledge of the grievance, whichever is usually most desirable for an first, the employee and his their ▇▇▇▇▇▇▇ shall meet with the immediate supervisor in an attempt to resolve problems through free the dispute informally. If in this and informal communications. If, however, in the informal process does not resolve the matterfollowing steps, the grievance will involves more than one supervisor, this meeting shall be processed as follows:held with an employee in the Human Resources Department and those department representatives the City deems appropriate. In cases of written discipline, the Union may skip the informal meeting process and proceed directly to step 1. In the case, the affected employee(s)/Union must comply with Step 1 timeline below.
STEP Step 1: Any Employee who . If the grievance has a grievance not been resolved, the affected employee(s)/Union shall submit present the grievance in writing to the employee's immediate on-duty ’s supervisor within ten (10) calendar days of the rank impacted employee(s)/Union receiving the supervisor’s written decision (such as email) from the informal meeting. At this and each subsequent step of sergeant the grievance procedure, the written grievance submitted by the Union or higher, specifically indicating that the matter is employee(s) shall include:
a. a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions grievance and the factual allegations upon which it is based;
b. the Section(s) of this Agreement which are Contract alleged to have been violated, and the relief requested; and
c. The remedy sought. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven Within fourteen (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (714) calendar days of receipt of the Union's appealwritten grievance, the supervisor will schedule a meeting to give the grievant an opportunity to discuss the dispute. The supervisor shall render a written decision within fourteen (14) calendar days following the herein referenced meeting. (This meeting to discuss the dispute may be attended by any manager the City deems appropriate.)
Step 2. If no agreement the grievance is reachednot resolved at Step 1, the City Manager or the City Manager's designee Union shall submit the grievance to the Department Director or their designee within ten (10) calendar days of receipt of the supervisor’s written decision. Within fourteen (14) calendar days of receipt of the written grievance, the Department Director will schedule a meeting to give the grievant an opportunity to discuss the dispute. The Department Director shall render a written answer to the grievant and Union decision within seven fourteen (714) calendar days following the meeting. (This meeting to discuss the dispute may be attended by any manager the City deems appropriate.) If an employee reports directly to a Department Director, proceed to Step 3.
Step 3. If the grievance is not resolved at Step 2, the Union shall submit the grievance to the City Manager or designee within ten (10) calendar days of receipt of the Department Director or their designee’s written decision. The City Manager shall meet with the grievant, their Union representative, and the appropriate managers in an effort to resolve the dispute. This meeting shall occur within fourteen (14) calendar days of submission to Step 4 and the City Manager shall respond to the grievance within fourteen (14) calendar days of the meeting.
Step 4. If the grievance is not resolved at Step 3 above and if the Union wishes to pursue the grievance further, the Union shall file a notice of intent to arbitrate the grievance with the City Manager within fourteen (14) calendar days following the date the City Manager response is due or received, whichever is earlier. Unless the parties mutually agree upon an arbitrator, the Union shall, within forty-five
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure:
Step 1 An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within fourteen (14) business days after such alleged violation has occurred, present such grievance to the Director of Public Safety. The parties acknowledge that Director of Public Safety will discuss and give an answer to such Step 1 grievance within ten (10) business days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (710) calendar days from the event giving rise to the grievance or within seven (7) calendar business days after the employee, through the use Director of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievancePublic Safety’s final answer in Step 1. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the Any grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance appealed in writing to Step 2 of by the grievance procedure, it UNION within ten (10) business days shall be submitted considered waived. The term “business days” in clause 6.4 shall mean the days of Monday through Friday and excludes designated holidays identified in the City Personnel Policy manual. If appealed, the written grievance shall be presented by the UNION and discussed with the City Administrator. The City Administrator shall give the UNION the EMPLOYER's Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar business days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) business days following the City's answer at City Administrator’s final Step 12 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) business days shall be considered waived.
Step 3 If desired by the Union, the Union may submit a written or electronic request to the Employer-designated Step 2 representative to mediate the grievance through the Bureau of Mediation Services. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer mediated if agreed to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the by both parties. If no settlement A grievance not resolved in Step 3 within ten (10) business days following the Employer- designated representative’s written refusal to mediate or completion of mediation as designated by the mediator may be appealed to Step 4. Any grievance is reached, the Deputy Police Chief, shall provide a written answer not appealed in writing to the grievant and Step 4 by the Union within seven ten (710) calendar business days following their meetingshall be considered waived.
STEP 3: If the Step 4 A grievance is not settled at unresolved in Step 2 3 and the employee wishes to appeal the grievance appealed to Step 3 of 4 by the grievance procedure, it UNION shall be submitted in writing to arbitration subject to the Police Chief within seven (7) calendar days after receipt provisions of the City's answer at Step 2Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made consistent with the rules established by the Bureau of Mediation Services. However, a grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these arbitration for written materials shall not be done during the employee's hours of work. The Police Chiefdisciplinary action, discharge, or termination shall include the Police Chief's designeearbitrator selection procedures established in Minnesota Statute 626.892, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingas amended.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that it Should a dispute arise between the Employer and any employee or employees regarding the interpretation, application, operation or an alleged violation of this agreement, including any question as to whether a matter is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, howeverarbitrable, the informal process does not resolve dispute shall be considered a grievance and an ▇▇▇▇▇▇▇ effort shall be made to settle the matterdispute in the following manner: An employee may, subject to the time limits in (c) below, initiate a grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit (a) Step 1 - Informal Step - Subject to the time limits in (c) below, in the first step of the grievance in writing procedure, every reasonable effort shall be made to settle the employee's dispute with the immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreementsupervisor. The grievance aggrieved employee shall contain a complete statement of facts, have the provision or provisions of this Agreement which are alleged right to have been violated, and the relief requesteda ▇▇▇▇▇▇▇ present at such a discussion. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at this step, it may be presented in writing at Step 1 2.
(b) Step 2 - First Formal Step - Subject to the time limits in (c) below, an employee may present a grievance at this level by: • Recording the grievance on the appropriate grievance form, setting out the nature of the grievance and the employee wishes circumstances from which it arose; • Stating the article(s) or clause(s) of the agreement infringed upon or alleged to appeal have been violated and the remedy or correction required; and • Transmitting the grievance to the next level of management through the union ▇▇▇▇▇▇▇. Time Limits to Present at Step 2 - An employee may initiate the written grievance at Step 2 of the grievance procedureprocedure not later than 30 days after the date: • On which he/she was notified orally or in writing, it of the action or circumstances giving rise to the grievance; • On which he/she first became aware of the action or circumstances giving rise to the grievance. Time Limit to Reply at Step 2 The Employer’s Step 2 designate shall be submitted reply in writing to the Deputy Police Chief within seven ▇▇▇▇▇▇▇ (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable copy to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant grievor and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)staff representative) within seven (7) calendar 21 days of receipt of the Union's appealgrievance at Step 2.
(c) Step 3 - Second Formal Step - The staff representative may present the grievance at Step 3 or meet with the Manager of Human Resources and/or the Department Manager or Director to discuss the grievance and the proposed remedy at Step 3: • Within 21 days after the Step 2 reply has been received by the staff representative; or • Within 21 days after the Employer’s Step 2 reply was due. If no agreement is reachedTime Limit to Reply at Step 3 The employer designate will respond in writing to the staff representative within 21 days of receipt of the grievance at Step 3.
(d) Where the attendance of the aggrieved employee at either the Step 2 or Step 3 meeting does not delay the timelines noted above, the City Manager or aggrieved employee will be afforded the City Manager's designee shall submit a written answer opportunity to attend. The Union will encourage the grievant aggrieved employee to attend the Step 2 and Union within seven (7) calendar days following the Step 3 meeting.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. A. A Grievance shall be processed on the Grievance Report Form, which is provided as Appendix A. All persons receiving written Grievance documents shall acknowledge time of receipt.
B. A Claim or Grievance may be withdrawn at any level without establishing a precedent.
C. Hearings and conferences under this procedure shall be conducted at a mutually agreeable time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present, to attend. When such hearings and conferences are held during school hours, all Bargaining Unit Employees whose presence is required shall be excused, with pay, for that purpose.
D. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor failure of a Bargaining Unit Employee or the Union to resolve problems through free and informal communications. If, however, follow the informal process does not resolve the matter, prescribed time limits of this grievance procedure will render the grievance will be processed as follows:
STEP 1: Any Employee who has null and void. Failure by the District to give a grievance decision within the prescribed time limits shall submit cause the grievance in writing Grievance to proceed to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreementnext Step. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven time limits set forth in Steps one (71) calendar days from the event giving rise to the grievance or within seven through four (74) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it below shall be submitted in writing the maximum allowable to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the both parties. If no settlement Time limits may be extended by mutual agreement. Any grievance of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall suspension without pay or discharge may be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled commenced at Step 3 and below.
E. Any investigation or other handling or processing of a grievance by the Union desires to appeal, it grieving Bargaining Unit Employee or Bargaining Unit Employee Representative shall be referred by conducted so as to result in no interference with or interruption of assigned work activities. The grieving Bargaining Unit Employee and/or Bargaining Unit Employee Representative may, with the Union in writing express permission of his/her designated supervisor, be released from assigned work activities without loss of pay to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3investigate a grievance. ThereafterIn this regard, the City Manager or designated supervisor’s decision is final.
F. The Union reserves the City Manager's designee right to appeal all grievances up to and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingincluding binding arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 7-9 The parties acknowledge that it is usually most desirable following grievance procedure shall be the sole and exclusive means for an processing grievances: STEP ONE - ORAL (Immediate Supervisor)
7-10 An aggrieved employee and his or union representative should promptly notify their immediate supervisor to resolve problems through free and informal communications(in writing), of a grievance. If, howeverIf the aggrieved employee wishes, the informal process employee may refrain from discussing it with their immediate supervisor at that time and may have their ▇▇▇▇▇▇▇ represent them in an oral presentation of the documented facts. The oral presentation shall be scheduled as promptly as practicable, but in any event during the employee’s and the supervisor’s next common, regular working hours following the request for the ▇▇▇▇▇▇▇, or at any other time if mutually convenient. Before the joint oral presentation of the grievance, the ▇▇▇▇▇▇▇, at the ▇▇▇▇▇▇▇’▇ request, shall have the opportunity to discuss the grievance with the employee for a reasonable period of time at a place provided by the immediate supervisor.
7-11 If the aggrieved employee does not resolve receive a satisfactory written response, or if the matteremployee does not receive any answer, at Step One within three (3) working days following the day of the oral presentation, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit employee may forward the grievance in writing to the department head (or equivalent level of supervisor), or a designated representative, for written answer, provided the employee submits it within the fifteen (15) calendar day period following the day on which the employee had knowledge of the facts giving rise to the employee's immediate on’s grievance.
7-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. 12 The grievance shall contain a complete statement of be dated and signed by the aggrieved employee and the employee’s ▇▇▇▇▇▇▇ and shall set forth the facts, the provision or including dates, and provisions of this the Agreement which that are alleged to have been violated, violated and the relief requested. Preparation of these written materials remedy desired.
7-13 The grievance shall not be done during considered submitted until the supervisor, or designated representative receives a written grievance. At the time it is received it shall be dated and a copy returned to the aggrieved employee. STEP TWO (Department Head)
7-14 Upon receipt of the written grievance, the employee's hours ’s department head (or equivalent level of worksupervisor), or designated representative, shall set a place and time during working hours, or at the end of the shift if mutually convenient, within the next three (3) mutual working day period for a hearing of the grievance with the aggrieved employee and either the employee’s ▇▇▇▇▇▇▇ or a COAM representative, or both, who shall have the opportunity to represent the employee in the hearing.
7-15 The department head (or equivalent level of supervisor), or a designated representative, shall make arrangements for the ▇▇▇▇▇▇▇ and/or the COAM representative to be present for the hearing. All grievances must be presented no later than seven A COAM representative may decide on a case by case basis who will represent the employee.
7-16 If the aggrieved employee does not receive a satisfactory written answer, or if the employee does not receive a written answer within the ten (710) calendar days from day period following the event giving rise day the written grievance was submitted at Step Two, or following the hearing, whichever time is later, COAM or a ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ or a representative of the local Union may submit the written grievance to University Human Resources for written answer, provided it is submitted within the fifteen (15) calendar day period following the day of receipt of an unsatisfactory answer at Step Two. STEP TWO AND A HALF (2.5) (Applies only to non-disciplinary Layoff grievances on the ▇▇▇ Arbor Campus)
7-17 If the aggrieved employee does not receive a satisfactory written answer, or if the employee does not receive a written answer within the ten (10) calendar day period following the day the written grievance was submitted at Step Two, or following the hearing, whichever time is later, COAM or a ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ or a representative of the local Union may appeal face-to-face to the grievance or Executive Director for written answer, provided it is submitted within seven the fifteen (715) calendar days after day period following the day of receipt of an unsatisfactory answer at Step Two. The Executive Director will provide a response to the appeal within 10 working days. STEP THREE (University Review Committee)
7-18 Upon receipt of the written grievance, the University Review Committee shall set a place and time during working hours, or outside of working hours if mutually convenient, within the next fifteen (15) calendar day period for a hearing of the grievance with the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ and/or a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the local Union at and/or a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingCOAM.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. IfGrievances, howeveras defined by Article 13.1, shall be resolved in conformance with the informal process does not resolve the matter, the grievance will be processed as followsfollowing procedure:
STEP 1: Any Employee who . An employee claiming a violation concerning the interpretation or application of this AGREEMENT, shall within fourteen (14) calendar days after such alleged violation has a grievance shall submit occurred (or actual knowledge of the grievance alleged violation or the time when the occurrence of the alleged violation should reasonably has been known), present such grievance, in writing writing, to the employee's immediate onsupervisor as designated by the EMPLOYER. The EMPLOYER-duty supervisor designated representative will meet with the UNION and discuss and give, in writing, an answer to such Step 1 grievance within fourteen (14) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the rank of sergeant or highergrievance, specifically indicating that the matter facts on which it is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been AGREEMENT allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within fourteen (7) calendar days from the event giving rise to the grievance or within seven (714) calendar days after the employee, through EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven fourteen (714) calendar days after the grievance is presentedshall be considered waived.
STEP 2: . If appealed, the written grievance is not settled at Step 1 shall be presented by the UNION and discussed with the employee wishes to appeal the grievance to EMPLOYER-designated Step 2 of representative. The EMPLOYER-designated representative shall give the grievance procedure, it shall be submitted UNION the EMPLOYER'S Step 2 answer in writing to the Deputy Police Chief within seven fourteen (714) calendar days after receipt of the City's answer at such Step 12 grievance. The grievance Such meeting shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance held within seven fourteen (714) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable days. A grievance not resolved in Step 2 may be appealed to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union Step 3 within seven fourteen (714) calendar days following their meetingthe EMPLOYER-designated representative's final Step 2 answer.
STEP 3: . If appealed, the written grievance is not settled at Step 2 shall be presented by the UNION and discussed with the employee wishes to appeal the grievance to EMPLOYER-designated Step 3 representative. Such meeting may be waived by agreement of the grievance procedure, it parties. The EMPLOYER-designated representative shall be submitted give the UNION the EMPLOYER'S answer in writing to the Police Chief within seven fourteen (714) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven fourteen (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (714) calendar days following the meetingEMPLOYER-designated representative final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION, within fourteen (14) calendar days shall be considered waived.
STEP 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration and a request shall be made to the Bureau of Mediation Services for a panel of arbitrators (unless the UNION and the EMPLOYER agree on an Arbitrator) within nine (9) months following the EMPLOYER designated representative’s final answer in Step 3, subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services.
Appears in 2 contracts
Procedure. The parties acknowledge that agree it is usually most desirable for that any grievance, as herein defined, be settled fairly and promptly as it arises. A grievance is defined as a dispute or difference between an employee and/or the ASSOCIATION and his immediate supervisor the VILLAGE with respect to resolve problems through free the meaning or application of the terms of this Agreement, or with respect to the application of the Rules and informal communicationsRegulations of the Fire Department, or with respect to the application of any Rules and Regulations issued by the Board of Fire and Police Commissioners over which that Board does not retain or assert exclusive jurisdiction, or with respect to whether or not the personnel rules, practices and policies of the VILLAGE have been applied equitably among all employees within the bargaining unit. If, howeverAccordingly, the informal process does not resolve parties agree that the matter, following procedures shall be used exclusively for the grievance will be processed as follows:resolution of all such grievances.
STEP 1: Any Employee . In order to encourage informal resolution of grievances at the first level of supervision, an employee who believes he has a grievance shall submit be required first to discuss the alleged grievance with his immediate supervisor. The ASSOCIATION representative may be present if the employee so desires. To be timely, the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no not later than seven (7) calendar business days from (Monday – Friday) after its occurrence or after the event giving rise to employee has or should have had knowledge of the act, event, or the commencement of the condition which is the basis of the grievance. If, after an informal discussion between the employee and his immediate supervisor, the grievance has not been settled, or if the supervisor does not give his verbal answer within seven (7) calendar business days after the employee, through the use of reasonable diligence, could have obtained knowledge presentation of the first occurrence of alleged grievance, the event giving rise employee may present the grievance to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presentednext higher supervisor.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically be reduced to writing which shall state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.alleged
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that Department and the Union agree it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communicationsissues informally. IfA different supervisor or manager will handle each successive step of the grievance procedure. In the event a problem relating to provisions of this Agreement cannot be resolved informally, howevergrievances shall be processed in the following manner:
Step 1 If the attempt to resolve the problem informally is unsuccessful, the informal process does not resolve employee or the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance Union shall submit the grievance in writing to their immediate supervisor within thirty (30) days of the occurrence thereof, or of the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreementknowledge thereof. The written notice shall include the facts upon which the grievance shall contain a complete statement of factsis based, the provision or provisions of this Agreement which are the contract alleged to have been violated, and the relief requestedremedy sought. Preparation of these written materials The supervisor shall not be done during respond to the employee's hours of work. All grievances must be presented grievance in writing with a copy to the Union as quickly as possible, but no later than seven ten (710) calendar days after the grievance is first discussed.
Step 2 If after ten (10) days from receipt of the event giving rise immediate supervisor's reply the grievance remains unresolved, the Union may submit written notice along with all pertinent written information including a statement of the grievance and relevant facts, specific provision(s) of the contract allegedly violated, and remedy sought to the Division Manager, or their designee. A meeting with the employee, the Union representative, and the management representative will be scheduled within five (5) days of the receipt of written notice to review the facts of the grievance. The Division Manager, or his/her designee, shall respond to the Union in writing with a copy to the employee within ten (10) days of the meeting.
Step 3 If the grievance is not resolved, within ten (10) days following the response at Step 2, the grievance, along with all pertinent written information, may be submitted to the Chief with a copy to Human Resources. The Chief or their designee shall meet with the Union representative, and a Human Resources Manager, or their designee within seven fifteen (715) days of receipt of the grievance. The Chief or their designee, shall render a decision within ten (10) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge close of the first occurrence of meeting.
Step 4 If the event giving rise Chief’s decision does not resolve the grievance, the Union may submit the grievance to an arbitrator within ten (10) calendar days following the Step 3 response, according to the grievance. The immediate supervisor shall render a written response to the grievant within following prescribed manner:
i. A list of seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 members of the grievance procedure, it American Arbitration Association shall be submitted in writing to requested from the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1State Conciliator. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall parties will meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt receiving the list and will alternately strike one (1) name from the list until only one (1) is left. A flip of the Union's appealcoin will determine which side will strike the first name. The one remaining shall be the arbitrator. One (1) day will be allowed for the striking of each name.
ii. The arbitrator shall render a decision within thirty (30) days. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. They shall have no authority to alter, modify, vacate, or amend any terms of this Agreement, to substitute his/her judgment for that of the Department in any instance where the Department is exercising its operational prerogatives or its prerogatives under this Agreement, or to decide on any condition which is not specifically treated in this Agreement. The decision of the arbitrator shall be binding on both parties. Neither of the parties shall submit any new factual information or evidence in arbitration that was not presented previously in the administrative proceedings. If no agreement is reachedprior to the arbitration hearing, either of the parties discovers new evidence not previously discussed, the City Manager parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated.
iii. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, the court reporter, or stenographer, if requested by the City Manager's designee shall submit a written answer arbitrator, and transcripts of the hearing furnished to the grievant arbitrator, shall be shared equally by the parties. Each party shall be responsible for all costs of presenting its position to the arbitrator. All meetings and Union within seven (7) calendar days following hearings under this provision shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the meetinggrievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to ensure confidentiality to the employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it If a decision is usually most desirable for an not returned to the employee and his immediate supervisor to resolve problems through free and informal communications. If, howeverwithin the time limits specified in each step below, the informal process does employee may, after the time limit has passed, present the grievance to the County representative specified in the next step of the grievance procedure. Grievances and appeals must be filed within the time limits specified below. If a grievance is not resolve presented or if an appeal of a decision rendered regarding the mattergrievance\appeal is not filed within the time limits, the grievance will grievance\appeal shall be processed as follows:considered resolved.
STEP Step 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement be filed by the Union, employee, or Union ▇▇▇▇▇▇▇ with their second level supervisor within fifteen (15) working days of facts, the provision or provisions of this Agreement occurrence which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving gave rise to the grievance or within seven (7) calendar days after when the employee, through the use of reasonable diligence, could employee or Union should have obtained reasonably had first knowledge of the first occurrence grievance. Such grievance shall be filed on a standard County grievance form, shall set forth the specific contract provisions alleged to have been violated and include the proposed remedy. Within ten (10) working days of receipt of the event giving rise written grievance, the second level supervisor shall meet with the employee. Within five (5) working days thereafter, a written decision shall be given to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after employee or the grievance is presentedshall be deemed denied.
STEP Step 2: . If the a grievance is not settled at Step 1 and 1, it may be presented to the employee wishes to appeal the grievance to Step 2 Prosecuting Attorney or designee by delivering a copy of the materials for the Prosecuting Attorney’s consideration to the Chief of Staff and Human Resources Manager. The grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven fifteen (715) calendar working days after receipt of the City's answer decision at Step 1. The grievance shall specifically state 1 or the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative expiration of the Union at time limits, whichever is earlier. Such appeal shall be written on a time mutually agreeable to the partiesstandard
Step 3. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled resolved at Step 2 and 2, an arbitration request may be submitted by the employee wishes Union designee. Only signatories to appeal the this Agreement may advance a grievance to Step 3 of the grievance procedure, it arbitration. A request for arbitration shall be submitted presented in writing to the Police Chief County Executive or Prosecuting Attorney within seven twenty (720) calendar working days after receipt of from the City's answer date the decision was rendered at Step 2, or thirty (30) working days from the date of the Step 2 meeting, whichever is earlier. As soon as practicable thereafter, or as otherwise agreed to by the parties, an arbitrator shall hear the grievance. In the event the parties cannot agree on the selection of an arbitrator, the parties shall request a list from the American Arbitration Association or some other agreed upon source. The grievance shall specifically state the basis agreed upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee source shall submit a written answer list of eleven (11) arbitrators from which a selection shall be made by alternately striking one
(1) name from the list until only one (1) name shall remain. The decision of the arbitrator shall be rendered as expeditiously as possible (but no later than thirty (30) days from the close of record) and shall be final and binding upon both parties. Any decision rendered shall be within the scope of this Agreement and shall not add to or subtract from any of the terms of this Agreement. The arbitrator shall confine themself to the grievant precise issue(s) submitted for arbitration and Union within seven (7) calendar days following shall have no authority to determine other issues not submitted. The time limits set forth above may be extended by mutual written agreement of the meetingEmployer and the Union.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. If a decision is not returned to the Union within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance to the City representative specified in the next step of the grievance procedure. Grievances and appeals must be filed within the time limits specified below. If a grievance is not presented or if an appeal of a decision rendered regarding the grievance/appeal is not filed within the time limits, the grievance/appeal shall be considered waived. The parties acknowledge that it is usually most desirable set time limits may be extended by mutual written agreement of the Employer and the Union. No claim shall be granted retroactively for an employee more than ten (10) calendar days from the date of filing a grievance.
Step 1: The Employee shall first contact and his attempt to informally resolve any concerns or grievance by meeting with their immediate supervisor. If not resolved informally, a written grievance shall be filed by the Employee or shop ▇▇▇▇▇▇▇ with the Employee's immediate supervisor within ten (10) working days of the occurrence which gave rise to resolve problems through free the grievance or when the Employee should have reasonably had first knowledge of the occurrence. The Employee shall set forth the specific contract provisions alleged to have been violated and informal communicationsinclude the proposed remedy. If, howeverWithin five (5) working days of receipt of the written grievance, the informal process does not resolve supervisor shall meet with the matterEmployee. Within five (5) working days thereafter, a written decision shall be given to the grievance will be processed as follows:Employee.
STEP 1Step 2: Any Employee who has If a grievance shall submit the grievance in writing is not settled at Step 1, it may be presented to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this AgreementPublic Works Director. The grievance shall contain a complete statement be submitted within five (5) working days after receipt of factsthe decision at Step 1 or the expiration of the time limits, whichever is earlier. Such appeal shall be written and shall set forth the provision or specific contract provisions of this Agreement which are alleged to have been violated, the reason for dissatisfaction, and include the relief requestedproposed remedy. Preparation Within five (5) working days of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance written grievance, the department director or designee shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days meet with the grievant and an authorized representative of the Union at Employee and/or representative. Within five (5) working days thereafter, a time mutually agreeable written decision shall be given to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingEmployee or representative.
STEP Step 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure2, it may be presented to the City Manager. The grievance shall be submitted in writing to the Police Chief within seven five (75) calendar working days after receipt of the City's answer decision at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, 2 or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative expiration of the Union at a time mutually agreeable limits, whichever is earlier. Such appeal shall be written and shall set forth the specific contract provisions alleged to the parties. If no settlement of the grievance is reachedhave been violated, the Police Chiefreason for dissatisfaction, or and include the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven proposed remedy. Within ten (710) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar working days of receipt of the Union's appeal. If no agreement is reachedwritten grievance, the City Manager or shall meet with the City Manager's designee shall submit Employee and/or representative. Within ten (10) working days thereafter, a written answer decision shall be given to the grievant Employee or representative. Grievances involving matters other than a suspension for more than twenty (20) days, reduction in rank or pay, or dismissal for cause are subject to only steps one, two and Union within seven (7) calendar days following three of the meetinggrievance procedure contained herein.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. IfGrievances, howeveras defined by Section 6.1, shall be resolved in conformance with the informal process does not resolve the matter, the grievance will be processed as followsfollowing procedure:
STEP 1: Any Employee who Step 1 An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within fourteen (14) calendar days after such alleged violation has a occurred, present such grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the rank of sergeant or highergrievance, specifically indicating that the matter facts on which it is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through EMPLOYER designated representatives final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of If appealed, the written grievance procedure, it shall be submitted presented by the UNION and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER's Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the grievance is not settled at EMPLOYER designated representatives final Step 2 and the employee wishes to appeal the answer. Any grievance not appealed in writing to Step 3 of by the grievance procedure, it UNION within ten (10) calendar days shall be submitted considered waived.
Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER's Step 3 answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 3A or Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingEMPLOYER designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 3A or Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable for An employee or HTEA shall first discuss his/her or its grievance with the Superintendent in an employee and his immediate supervisor attempt to resolve problems through free and informal communicationsthe matter informally. If, however, The right to grieve must be exercised within 45 days of the informal process does not resolve the matter, the grievance occurrence as defined in Section A. Beyond 45 days it will be processed as followsdeemed waived. If the matter cannot be resolved informally to the mutual satisfaction of both parties, then the following shall apply:
STEP 1: Any Employee who has a grievance . The employee or HTEA shall submit set forth the grievance in writing and deliver it to the Superintendent within ten calendar days after the failure of the informal procedure described in Paragraph B. The Superintendent shall communicate his decision in writing to the employee or HTEA within five school days after filing.
2. If dissatisfied, the employee or HTEA may appeal the Superintendent's decision to the Board, in writing, within ten school days after receipt by the employee or HTEA of the Superintendent's written decision. The Board will communicate its decision in writing to the employee or HTEA within ten school days.
3. If the employee or HTEA is dissatisfied with the decision of the Board, he/she or HTEA may, within ten school days following receipt of the Board's decision, give notice that he/she or HTEA wishes advisory arbitration. If the employee or HTEA fails to appeal the decision rendered at this or a prior step within the time limits specified, the original grievance and any appeals of it shall be null and void. Non- binding arbitration of any grievance shall be conducted by one person, mutually acceptable to both the employee or HTEA and Board, who shall be chosen promptly following the employee's immediate on-duty supervisor or HTEA's notice of the rank of sergeant or higher, specifically indicating that the matter is a grievance under appeal.
4. The arbitrator can add nothing to nor subtract anything from this Agreement. The grievance arbitrator shall contain a complete statement be limited to the issues submitted and shall consider nothing else. The decision of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials arbitrator shall not be done during binding upon the employee's hours of workBoard. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge The costs and services of the first occurrence arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the event giving rise to hearing room shall be borne equally by the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 Board and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1or HTEA. The grievance party incurring them shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingpay any other expenses incurred.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge agree that it is usually most desirable for problems to be resolved between the employee and his/her immediate supervisor, and nothing herein shall prevent an employee and his from taking up any claimed grievance with his/her immediate supervisor before formal filing of said grievance. The following procedure must be utilized to resolve problems through free process a grievance. (Grievants and informal communications. If, howeveradministrators are encouraged to use the appropriate grievance forms as set forth in Appendix 8.)
A. Step One: Within thirty (30) days of the date an alleged grievance is discovered or reasonably should have been discovered, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit grievant must present the grievance in writing to the employee's immediate on-duty supervisor immediately involved administrator with a copy provided to the Superintendent or his/her representative. The administrator will arrange for a meeting to take place within ten (10) days after receipt of the rank of sergeant or higher, specifically indicating that grievance. Said administrator shall provide the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, grievant and the relief requested. Preparation of these association with a written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise answer to the grievance or together with the reasons for the decision within seven ten (710) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presentedmeeting.
STEP 2B. Step Two: If the grievance is not settled at Step 1 and the employee wishes to appeal One, then the grievance to Step 2 of the grievance procedure, it shall may be submitted referred in writing to the Deputy Police Chief Superintendent or his/her representative within seven ten (710) calendar days after the grievant's receipt of the Cityadministrator's answer at Step 1One. The written grievance shall specifically state give a clear and concise statement of the basis upon alleged grievance, including the facts on which the grievant believes that grievance is based, reference to the grievance was improperly denied at specific terms of the previous step in Agreement which have been violated, the grievance procedure. Preparation of these written materials shall not be done during issues involved and the employee's hours of workrelief sought. The Deputy Police Chief Superintendent or his/her representative shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days arrange for a hearing with the grievant and an authorized representative to take place within ten (10) days of his/her receipt of the Union at a time mutually agreeable grievance. The parties shall have the right to include in the hearing such witnesses and counselors as they deem necessary to develop facts pertinent to the partiesgrievance. If no settlement Each party shall pay for its witnesses. Upon conclusion of the grievance is reachedhearing, the Deputy Police ChiefSuperintendent or his/her representative will have ten (10) days to provide his/her written decision, shall provide a written answer together with the reasons for the decision to the grievant Association and the Union within seven (7) calendar days following their meetinggrievant.
STEP 3C. Step Three: If the grievance is not settled at Step 2 and Two, the employee wishes to appeal the grievance to Step 3 of the grievance proceduregrievant may, it shall be submitted in writing to the Police Chief within seven ten (710) calendar days after receipt of the CityDistrict's answer at Step 2Two response to the grievance, request in writing that the Association submit his/her grievance to arbitration. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these Association may by written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable notice to the parties. If no settlement of the grievance is reachedSuperintendent, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven ten (710) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3request from the aggrieved person, submit the grievance to binding arbitration. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) Arbitration shall meet be conducted in accordance with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.provisions which follow:
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge 232 An employee shall not have a grievance unless the matter complained of is first brought to the attention of their department head, or their designated representative, by the employee. At that it is usually most desirable for an time, the department head or their designated representative, shall set a time and date, to discuss the matter with the employee and his immediate supervisor to resolve problems through free and informal communications. Ifif appropriate, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of supervisor. At the rank of sergeant or higheremployee's request, specifically indicating that the employee’s chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇, as the case may be, shall be present during the discussion. If the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsnot resolved between the department head, the provision or provisions of this Agreement which are alleged to have been violatedtheir designated representative, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or employee within seven (7) calendar days after days, the employeeemployee may submit their grievance using the following grievance procedure. 233 The following grievance procedure shall be the sole and exclusive means for resolving all grievances: 234 An aggrieved employee promptly, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the and in no event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven later than fifteen (715) calendar days after facts have occurred giving rise to their grievance, shall reduce their grievance to writing on a form provided by the University and submit it to their department head, or designated representative, for written answer. 235 The grievance is presented.
STEP 2: If shall be dated and signed by the grievance is not settled at Step 1 aggrieved employee and their chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ and shall set forth the facts, including dates, and provisions of the Agreement that are alleged to have been violated and the employee wishes to appeal remedy desired. 236 The grievance shall not be considered submitted until the grievance to Step 2 of department head, or designated representative, receives the grievance procedure, written grievance. At the time it is received it shall be submitted in writing dated and a copy returned to the Deputy Police Chief aggrieved employee. 237 If the aggrieved employee does not receive a satisfactory written answer within seven fifteen (715) calendar days after receipt of their written grievance is submitted to their department head, or his designated representative, the City's answer at Step 1. The employee may submit their written grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a University Review Committee for written answer to provided the grievant and the Union employee submits it within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled receipt of an unsatisfactory answer at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief One or within seven twenty-two (722) calendar days after from the time the grievance was submitted at Step One. 238 Upon receipt of the City's answer at Step 2written grievance, the University Review Committee shall set a mutually acceptable place and time within fifteen (15) calendar days, unless there is a mutual Agreement otherwise as to time, for discussion of the grievance. The grievance aggrieved employee's chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ and a reasonable number of non-employee Union officials may assist them in the discussion. A written answer shall specifically state be provided within ten (10) calendar days, except that this time limit may be extended by mutual Agreement of the basis upon which University and the grievant believes that Union. 239 If the chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ from another representation area possesses technical or craft specialty skills and knowledge expertise related to the grievance was improperly denied at issue that may contribute to the previous step understanding and resolution of the grievance, that chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ may also be released, in accordance with the ▇▇▇▇▇▇▇ release provisions of paragraph 240, to participate in the grievance procedurehearings referenced in paragraphs 232 and 237 above. Preparation Such request for release shall be made with reasonable prior notice from the Union to the appropriate University Human Resources Office, which will coordinate the release with the applicable operation units. The parties recognize that this type of these written materials shall release would be an exception to normal hearing participation procedures, and it will not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingabused.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee employee who has a grievance shall submit the grievance in writing to the employee's ’s immediate on-duty supervisor of the rank of sergeant or highersupervisor, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar business days from the event date of the first occurrence of the matter giving rise to the grievance or within seven (7) calendar business days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar business days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief Bureau Commander or, in his absence, to the Division Captain, within seven (7) calendar business days after receipt of the City's Village’s answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andBureau Commander or, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reachedhis absence, the Deputy Police ChiefDivision Captain, shall provide a written answer to the grievant and the Union within seven (7) calendar business days following their meetingafter the grievance is appealed to Step 2.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar business days after receipt of the City's Village’s answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's his designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar business days with the grievant and an authorized representative of the Union Chapter at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's his designee, shall provide a written answer to the grievant and the Union Chapter within seven (7) calendar business days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union Chapter desires to appeal, it shall be referred by the Union Chapter in writing to the City Village Manager within seven (7) calendar business days after receipt of the City's Village’s answer at Step 3. Thereafter, the City Village Manager or the City Manager's his designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) Village Manager, shall meet with the grievant and a Union Chapter representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar ten business days of receipt of the Union's Chapter’s appeal, if at all possible. If no agreement is reached, the City Village Manager or the City Manager's designee shall submit a written answer to the grievant and Union Chapter within seven (7) calendar ten business days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure:
Step 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee’s supervisor as designated by the Employer. The parties acknowledge that Employer-designated representative will discuss and give an answer to such Step 1 grievance within seven (7) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this the Agreement which are alleged to have been allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise appealed to the grievance or Step 2 within seven (7) calendar days after the employeeEmployer-designated representative’s final answer in Step 1.
Step 2 If appealed, through the use of reasonable diligence, could have obtained knowledge of written grievance shall be presented by the first occurrence of Association and discussed with the event giving rise to the grievanceEmployer-designated Step 2 representative. The immediate supervisor Employer-designated representative shall render a written response to give the grievant within seven (7) calendar days after Association the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Employer’s Step 2 of the grievance procedure, it shall be submitted answer in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union Step 3 within seven (7) calendar days following their meetingthe Employer-designated representative’s final Step 2 answer.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of If appealed, the written grievance procedure, it shall be submitted presented by the Association and discussed with the Labor Relations Manager or his/her designee. The Employer-designated representative shall give the Association the Employer’s answer in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union 4 within seven (7) calendar days following the meetingEmployer-designated representative’s final answer in Step 3.
1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator.
2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation. Either party may at any time opt out of mediation at which time, the Union may then proceed to arbitration.
3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses.
4. At the request of both parties, the mediator may issue an oral recommendation for settlement.
5. Unless the parties agree otherwise, the outcome shall not be precedential.
6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration.
Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Bureau of Mediation Services.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor are encouraged to resolve problems through free and informal communicationsdiscussions any grievances as defined herein. IfWhen specifically requested by the employee, however, a CWA representative may accompany the employee to assist in the informal process does resolution of the grievance. Such informal discussions are not resolve to be construed as a part of the mattergrievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance will shall be processed as follows:according to the following procedure.
STEP (1: Any Employee who has ) If the employee or CWA is unable to resolve a grievance shall submit informally, a written statement of the grievance in writing shall be prepared, signed by the Grievant and delivered to the aggrieved employee's immediate on-duty supervisor of Appointing Authority or designee within thirty (30) days after the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the first event giving rise to the grievance or within seven thirty (730) calendar days after the employeeemployee or CWA, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor An employee grievant shall render deliver a copy of the written response grievance to the CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is based and the specific relief requested.
(2) After the written grievance is submitted, the Appointing Authority or designee shall meet with the grievant within seven ten (710) calendar business days after receipt of the grievance. A CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the President of the Union within ten (10) business days after the grievance is presented.
STEP 2: hearing. If the grievance is not settled satisfactorily resolved at Step 1 and the employee wishes to appeal First Step, the grievant and/or the Union may submit the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief Director of Human Resources or designee, within seven ten (710) calendar days after receipt of the City's answer at First Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chiefanswer, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven ten (710) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of when the Union's appeal. If no agreement is reachedFirst Step answer was due, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingwhichever occurs first.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it It is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor intention of the rank parties that this procedure shall provide a just and peaceful method of sergeant or higher, specifically indicating that adjusting grievances and the matter is a grievance under this Agreement. The grievance shall contain a complete statement parties agree to act in good faith in the settlement of facts, grievances in accor- dance with the provision or provisions of this Article. Any complaint, disagreement, or difference of opinion between the Company and the Union or the Hourly Employees and Owner Operators covered by this Agreement which are alleged to have been violatedconcerns the applica- tion or interpretation of the terms and provisions of this Agreement, and shall be considered a grievance. Any Hourly Employee or Owner Operator, the relief requestedUnion or the Company may present a grievance. Preparation of these written materials A grievance concerning a dis- missal shall be submitted at Step Any grievance which is not be done during the employee's hours of work. All grievances must be presented no later than seven within five (75) calendar working days from following the event giving rise to such grievance shall be forfeited and waived by the aggrieved parties. A policy grievance filed on behalf of the Union or the Company shall be submitted at Step of the grievance procedure.
Step 1: Any Hourly Employee or Owner Operator having a com- plaint should first orally discuss the matter with a Supervisor or General Manager. Should such discussion not result in a satisfac- tory resolution of the problem, the following steps will be followed. Should any Hourly Employee or Owner Operator not feel comfort- able with this first step then they may proceed to Step
Step 2: The Hourly Employee or Owner Operator and shop ▇▇▇▇▇▇▇ shall submit formal grievance in writing to General Manager, who shall give reply in writing within five (5) working days. If a satisfactory settlement cannot be reached, then;
Step 3: Within Thirty (30) working days of receiving the decision under Step the Local Chairperson of the Local Union, or designate or the Local Union representative, may appeal, orally or in writing, to the of the Company who have been designat- ed as the of the Company with regards to Union matters who shall give their reply in writing within seven (7) calendar days after working days. Failing a satisfactory settlement, the employeegrievance may then be referred to a Board of Arbitration, through as established in Article of this Agreement. Any Hourly Employee or Owner Operator subject to discipline and/or investigation will receive the use of reasonable diligence, could have obtained knowledge assistance of the first occurrence Union Representative of the event giving rise to the grievancetheir choice at their home depot. The immediate supervisor shall render a written response Union Representative will be required to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes sign, to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after acknowledge receipt of the City's answer at Step 1discipline. The grievance Local Chairperson will be given a copy of all dis- ciplinary notices. Any disciplinary notice unsigned as a result of no Union representation will be null and void. No Hourly Employee or Owner Operator shall specifically state be subject to investigation and/or questioning from or by corporate security or any representative of the basis upon which Company without the grievant believes that presence of the grievance was improperly denied at the previous step Local Chairperson or designate. Any Hourly Employee or Owner Operator shall be allowed to inspect own personnel file in the grievance procedurepresence of the Company, during normal business hours. Preparation Any officer of these the Union, on behalf of the Hourly Employee or Owner Operator, may accompany the Hourly Employee or Owner Operator to inspect personnel file, subject to written materials authorization of the Hourly Employee or Owner Operator. A copy of all disciplinary notices will be withdrawn from the Hourly Employee’s and Owner Operator’s file after one (I)year, except if there is a recurrence of a same or similar infraction within that year. Any violation concerning a criminal or civil matter, or matters affect- ing driving records, will remain on the disciplinary record indefinitely. Said files to be removed shall not be done during the employee's hours of workconsidered to be removed but shall be physically removed and destroyed. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance Any discipline which is not settled at Step 2 imposed within five (5) working days from the date of knowledge will be deemed null and void. In the employee wishes event that the Company is required to appeal the grievance investigate a matter prior to Step 3 of the grievance procedurediscipline being imposed, it this time limit shall be submitted in writing increased to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.fifteen
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. IfGrievances, howeveras defined by Section 6.1, shall be resolved in conformance with the informal process does not resolve the matter, the grievance will be processed as followsfollowing procedure:
STEP 1: Any Employee who Step 1 An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has a occurred, present such grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor as designated by the EMPLOYER. The EMPLOYER Step 1 designated representative (Division Director) will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the rank of sergeant or highergrievance, specifically indicating that the matter facts on which it is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through EMPLOYER designated representatives final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of If appealed, the written grievance procedure, it shall be submitted presented by the UNION and discussed with the EMPLOYER designated Step 2 representative (City Administrator). The EMPLOYER designated representative shall give the UNION the EMPLOYER's Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the grievance is not settled at EMPLOYER designated representatives final Step 2 and the employee wishes to appeal the answer. Any grievance not appealed in writing to Step 3 of by the grievance procedure, it UNION within ten (10) calendar days shall be submitted considered waived.
Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative (City Administrator). The EMPLOYER designated representative shall give the UNION the EMPLOYER's Step 3 answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingEMPLOYER designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4 If appealed, the written grievance may be submitted to mediation by the UNION through the State Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following mediation.
Step 5 A grievance unresolved in Step 4 and appealed to Step 5 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made consistent with the rules established by the Bureau of Mediation Services.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable for A grievance filed against the Village shall be processed in the following manner:
Step 1: In Order to encourage informal resolution of a grievance at the first level of supervision, an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, who believes that the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who employee has a grievance shall submit be required first to discuss the alleged grievance with the employee’s immediate supervisor. The Association Chapter ▇▇▇▇▇▇▇ may be present if the employee so desires. To be timely, the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven five (75) calendar days from after the act, event giving rise to or commencement of the condition which is the basis of the grievance or within seven five (75) calendar days after the employee, through the use of reasonable diligence, could should have obtained had knowledge of the first occurrence act, event or commencement of the event giving rise to condition which is the basis of the grievance. The immediate supervisor shall render a written response respond to the grievant grievance, either orally or in writing within five (5) calendar days.
Step 2: If the grievance is not satisfactorily settled in Step 1, it shall be reduced to writing, signed by the employee, and presented to the Deputy Chief, or the Deputy Chief’s designee, within seven (7) calendar days after a decision was rendered by the immediate supervisor in Step 1. The written grievance is presented.
STEP 2: If shall include a statement of all relevant facts, a reference to the grievance is not settled at Step 1 provision or provisions of the Agreement alleged to be violated, and the remedy requested. The employee wishes and/or the Association Chapter representative shall meet with the Deputy Chief, or the Deputy Chief’s designee, to appeal discuss the grievance to Step 2 subject of the grievance proceduregrievance, it shall be submitted in writing as well as optionally present written statements to the Deputy Police Chief Chief, or the Deputy Chief’s designee, within seven (7) calendar days after receipt presentation of the City's answer at Step 1. The written grievance shall specifically state to the basis upon which Deputy Chief, or the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigationChief’s designee, shall offer to discuss the grievance provide a written response within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their after such meeting.
STEP Step 3: If the grievance is not settled at Step 2 and 2, the written grievance shall be presented by the employee wishes to appeal or by the grievance to Step 3 of the grievance procedure, it shall be submitted in writing Association Chapter representative to the Police Chief within of Police, or the Chief’s designee, no later than seven (7) calendar days after receipt the date of the City's answer at Step 2. The grievance shall specifically state response of the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Deputy Chief, or the Police Deputy Chief's ’s designee. The Chief of Police, or the Chief’s designee, shall investigate may meet with the grievance and, employee and/or the Association Chapter representative in the course of such investigation, shall offer an effort to discuss resolve the grievance within seven (7) calendar days with after the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's ’s designee, receives the grievance. The Chief, or the Chief’s designee, shall provide a written answer reply to the grievant and the Union grievance within seven (7) calendar days following their after the date of the meeting, or, if there is no meeting, within ten (10) calendar days after the written grievance was received by the Chief, or the Chief’s designee.
STEP Step 4: If the grievance is not settled at in Step 3 and 3, the Union desires to appeal, it written grievance shall be referred presented by the Union in writing employee or by the Association Chapter representative to the City Manager within Village Manager, or the Manager’s designee, not later than seven (7) calendar days after receipt the Chief of Police, or the City's answer at Step 3Chief’s designee, replies to the grievance. Thereafter, the City The Village Manager or the City Manager's ’s designee shall make such investigation of the facts and circumstances as the Police Chief Manager, or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall Manager’s designee, deems necessary, and may meet with the grievant and a Union representative and other appropriate individuals as desired by employee and/or the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appealAssociation Chapter representative. If no agreement is reached, the City The Village Manager or the City Manager's ’s designee shall submit will give a written answer to the grievant and Union grievance within seven ten (710) calendar days following after the date of the meeting, or if there is no meeting, within fourteen (14) calendar days after the date the grievance was received by the Manager, or the Manager’s designee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Grievances shall be presented and adjusted according to the following procedure: Any employee with a grievance as defined herein may informally discuss the matter directly or accompanied by a Union representative with the appropriate member of the administration.
Step 1. In the event the matter is not resolved informally, a written grievance may be filed with the Director of Transportation within five (5) workdays1 following the day the grievant learned or reasonably should have known about the violation, misapplication or misinterpretation, which is the basis of the grievance.
a. Within five (5) workdays after receipt of the written grievance, the Director shall communicate his/her decision, in writing, together with the supporting reasons to the aggrieved party.
Step 2. Within five (5) workdays after receiving a reply, if the employee or the Union still feels aggrieved, he/she may appeal to the Director of Human Resources. The parties acknowledge that it is usually most desirable for appeal must be in writing and must include a statement of the grievance and the reply of the Director of Transportation.
a. Within five (5) workdays after receipt of the appeal, the Director of Human Resources shall communicate his/her decision, in writing, together with the supporting reasons, to the aggrieved party.
Step 3. Within ten (10) workdays after receiving a reply from the Director of Human Resources, if the employee or the Union still feels aggrieved, he/she may appeal to the Superintendent. The appeal must be in writing and must include a statement of the grievance and the Director of Resources reply.
a. Within thirty (30) workdays after receiving an employee appeal, the Superintendent shall hold a hearing or meeting concerning the grievance, which the Union may attend, if they choose. Within ten (10) days from the date of the hearing or meeting, the Superintendent shall communicate his/her decision, in writing, together with the supporting reasons, to the Union and his immediate supervisor the aggrieved party.
Step 4. If the Superintendent and the Union are unable to resolve problems through free and informal communications. If, however, the informal process does not resolve the matterany grievance, the grievance will may be processed as follows:
STEP 1: Any Employee who has a grievance shall submit submitted to arbitration within twenty-(20) work days after the grievance in writing to the employee's immediate on-duty supervisor decision of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this AgreementSuperintendent. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged be considered submitted to have been violated, and the relief requested. Preparation of these arbitration when written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise notice is submitted to the grievance or within seven (7) calendar days after District by the employee, through Union informing the use of reasonable diligence, could have obtained knowledge Superintendent of the first occurrence of the event giving rise Union’s intent to arbitrate the grievance. The immediate supervisor AFSCME Council 25 Arbitration Department shall render send a written response list of Ad-Hoc arbitrators to the grievant within seven (7) calendar days after District to see if the grievance is presentedparties can mutually accept an Arbitrator.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communicationsStep One: Employee/Employees having a grievance shall first discuss such grievance with his/her supervisor. If, however, If the informal process discussion in Step One does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor satisfaction of the rank grievant, he or she shall have the right to lodge a written grievance with the supervisor. If a dispute arises between the parties as to the meaning or interpretation or application of sergeant or higher, specifically indicating that the matter is a grievance under any provision of this Agreement. The , or a claim or complaint based on an event which affects a term or condition of employment, an aggrieved employee shall present a written grievance shall contain a complete statement of facts, to the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven Supervisor within thirty (730) calendar days from of when the event giving rise to the grievance employee knew or within seven (7) calendar days after the employee, through the use of reasonable diligence, could should have obtained knowledge of the first occurrence known of the event giving rise to the grievance. The immediate supervisor written grievance shall render be on the appropriate form (OAPSE GRIEVANCE FORM) and shall contain a written response to statement of the grievant within seven (7) calendar days after facts upon which the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 based and the employee wishes specific article and section of this Agreement allegedly violated, misinterpreted, or misapplied. The grievant shall have a right to appeal request a hearing with the grievance to Step 2 of the grievance procedure, it Supervisor. Such hearings shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union and the-Treasurer, and held within seven twelve (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (712) calendar days of receipt of the Union's appealwritten grievance, unless otherwise mutually agreed. If no agreement is reached, The Supervisor shall take action on the City Manager or written grievance and reduce the City Manager's designee shall submit a written answer response to writing with copies sent to the grievant and Union, within twelve (12) calendar days after the hearing date. Step Two: If Step One does not resolve the grievance to the satisfaction of the grievant, he/she shall have the right to appeal, in writing, the Supervisor’s decision, within twelve (12) calendar days of receiving the response, to the Superintendent or designee, who shall respond to the Union, in writing, within ten (10) calendar days. Step Three: Board of Education Level A majority of the members of the Board shall meet with the grievant within twelve (12) calendar days after notification or at the time of the next Regular Meeting of the Board, whichever is later. The Board shall send a written decision on the appeal in no more than twelve (12) calendar days after the meeting. Step Four: Grievance Mediation: In the event that the grievance is not satisfactorily adjusted at Step Three, the grievance shall be submitted to mediation. Notice shall be given to the Superintendent, or designee within twelve (12) calendar of the receipt of the response at Step Three. The Federal Mediation and Conciliation Service shall be requested to appoint one of its Mediators to conduct the mediation conference. The mediation conference will be scheduled at the earliest date that the Mediator, the parties, and their Representatives are available. The mediation conference shall be conducted informally. No record of the conference will be made and everything said in the mediation conference by the parties and their Representatives will be regarded as a confidential settlement discussion. Step Five: Arbitration: If a resolution is not reached through mediation, the Union may notify the Employer of its intent to submit to arbitration. The notice of the appeal shall be sent to the Superintendent or designee within thirty-two (32) calendar days of the Step Three hearing. Within thirty-two (32) calendar days of receipt of the request for arbitration, either party may petition the Federal Mediation and Conciliation Service for a list of seven (7) calendar days following arbitrators. Both parties may request a second list. A single arbitrator will be selected in accordance with the meetingalternate strike method. The decision of the arbitrator shall be final and binding on the parties. The arbitrator’s fees and expenses shall be equally shared in arbitration. As part of the award, the arbitrator shall designate either the Union or The Employer as the losing party. Each side shall be responsible for the costs it individually incurs. The cost of joint services, such as court stenographer and transcripts or administration fees, shall be equally shared if requested or accepted. Each party shall pay the costs of its own witnesses and presentations. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Master Agreement, nor add to, detract from or modify the language therein in arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to decide any other issue(s) not submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision.
Appears in 2 contracts
Sources: Working Conditions Agreement, Working Conditions Agreement
Procedure. The parties acknowledge that it is usually most desirable for [a] Step 1 - Informal Discussion Should an employee and his believe that there is basis for a grievance, he/she shall discuss the grievance with his/her immediate supervisor to resolve problems through free with the objective of resolving the matter. To initiate the grievance process, the employee must inform the supervisor that the complaint is a grievance. The grievance shall be initiated no later than ninety (90) calendar days following knowledge of the event or action being grieved. Proceedings should be kept as informal and informal communicationsconfidential as may be appropriate for determination. [b] Step 2 - Written Grievance
(i) If, howeverafter the required informal discussion with the supervisor a grievance still exists, the informal process does not resolve employee shall submit to the supervisor the grievance in a written statement explaining the grievance, identifying the provision or policy in question, and stating the remedy desired with the objective of resolving the matter. The written statement shall be submitted no later than ninety (90) calendar days following knowledge of the event or action being grieved, be identified as a grievance, be dated and signed by the grievant.
(ii) Within ten (10) working days, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance supervisor shall submit meet with the grievant. The supervisor shall indicate his/her disposition of the grievance in writing within ten (10) working days of the meeting and shall furnish a dated copy thereof to the employee's immediate on-duty supervisor of the rank of sergeant . [c] Step 3 - School Principal or higher, specifically indicating that the matter Department Director
(i) This step is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to applicable if the grievance was heard in Step 2 by the Building Principal or within seven (7) calendar days after Department Director. Otherwise, if the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance employee is not settled at Step 1 and satisfied with the employee wishes to appeal the grievance to Step 2 disposition of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or if no decision has been rendered within ten (10) additional working days, the Police Chief's designeedated complaint shall be forwarded by the grievant, shall investigate the grievance andwithin ten (10) more working days, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, Building Principal or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingDepartment Director.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7ii) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager The Building Principal or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) Department Director shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative employee within ten (not to exceed three (3)10) within seven (7) calendar working days of receipt of the Union's appealwritten grievance. The Building Principal or Department Director shall render his/her written decision within ten (10) working days of the meeting. [d] Step 4 - District Liaison Meeting If the employee is not satisfied with the disposition of the grievance at the last applicable step, he/she may ask, with the objective of resolving the matter, that the grievance be submitted to the District Liaison Meeting held with the recognized collective bargaining agent for classified employees. Submission to the Liaison Meeting is not mandatory. [e] Step 5 – Superintendent
(i) If the employee is not satisfied with the disposition of the grievance at the last applicable step, or if no agreement is reacheddecision has been rendered within ten (10) additional working days, the City Manager dated complaint shall be forwarded by the grievant within ten (10) more working days, to the Superintendent of Schools or the City Manager's his/her designee.
(ii) The Superintendent or designee shall render his/her written decision within ten (10) working days of receipt of the written grievance. [f] Step 6 - Board of Education
(i) If the employee is not satisfied with the decision rendered in Step 5, the employee and/or his/her representative may submit a written answer summary of the grievance to the grievant and Union Board of Education within seven ten (710) calendar working days following delivery of the meetingdecision by the superintendent or his/her designee. The employee may request or the Board may decide that the grievance be heard by a hearing examiner.
(ii) The Board may resolve the issue, conduct its own hearing or appoint an impartial third party hearing examiner. The Superintendent or his/her representative and the employee or his/her representative shall mutually agree upon a hearing examiner who is a resident of the State of Utah.
(iii) The hearing examiner shall ascertain whether there was compliance with provisions in this agreement or applicable policy and ascertain the reasonableness of the grievance and resolution requested. The written recommendation of the hearing examiner shall include findings of fact and shall be subject to the final decision of the Board.
(iv) The expense of the hearing examiner shall be borne equally by the District and the employee if the employee requested the grievance be heard by a hearing examiner. The expenses of the hearing examiner shall be borne by the District if the Board decides to have the grievance heard by a hearing examiner unless the examiner finds that the grievance is without merit. In that case, the expenses of the hearing examiner shall be borne equally by the District and the employee.
Appears in 2 contracts
Sources: Classified Agreement, Classified Agreement
Procedure. The parties acknowledge that it Step 1 An employee is usually most desirable for an employee and his expected to discuss any grievance initially with his/her immediate supervisor within fourteen (14) working days of the alleged inequitable treatment or when the employee becomes reasonably aware of the alleged inequitable treatment.
Step 2 Beginning with this step, a written grievance is required and at all steps thereafter shall contain the following information: delivered to resolve problems through free and informal communicationsthe Fire Marshal, District Chief, or their replacement(s) having proper jurisdiction.
1. If, however, the informal process does not resolve the matter, A statement of the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit date of occurrence and the details and facts upon which the grievance in writing to the employee's immediate on-duty supervisor is based.
2. The Article and Section of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Labor Agreement which are alleged to have been violated.
3. The action, and the relief requested. Preparation of these written materials shall not be done during remedy, or solution requested by the employee's hours .
4. The signature of workthe aggrieved employee and Union representative if applicable.
5. All grievances must The date submitted. Grievances submitted which do not contain all of the above information and subsequent replies shall be presented considered inappropriate and shall be declared null and void and returned to the employee or to the Union as applicable. If the matter is not settled with the employee’s immediate supervisor, the aggrieved employee or his/her Union representative may submit a written grievance and relief sought to the Fire Chief no later than seven fourteen (714) calendar working days from the event giving rise meeting with the immediate supervisor. The Fire Chief shall respond to the grievance in writing within fourteen (14) working days of receipt of it.
Step 3 If the employee feels that the grievance has not been satisfactorily adjusted by the Fire Chief, a written grievance and/or documentation shall be submitted to the City Manager, or his/her designee within seven fourteen (714) calendar working days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence Fire Chief’s reply. The City Manager may conduct hearings, investigations, and/or reviews necessary to determine the facts and issue a written finding to the Union no later than fourteen (14) days of receipt of the event giving rise written grievance.
Step 4 If the employee feels the findings of the City Manager does not provide for a satisfactory answer to this grievance within fourteen (14) working days a written appeal may be submitted to the grievanceCity Manager within the fourteen (14) working days and sent to the address at City Hall via return receipt mail. The immediate supervisor parties hereto acknowledge the importance of both the time limitations and the requirements for written grievances and appeals expressed in this Article, and no grievance shall render a written response be considered or deemed to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance exist that is not settled reduced in writing in the manner specified, timely filed and pursued at Step 1 and the employee wishes to appeal the grievance to Step 2 each step of the grievance procedure, it and timely submitted to arbitration. A timely filed grievance not answered by management within the time limit prescribed shall be submitted in writing treated as a denial of the grievance and the grievance may be pursued to the Deputy Police Chief within seven (7) calendar days after receipt next step of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall Time limits may not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide extended except by a written answer to the grievant and the Union within seven (7) calendar days following their meetingmutual agreement signed by representatives of both parties.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for An employee or HTEA shall first discuss his/her or its grievance with the Superintendent in an employee and his immediate supervisor attempt to resolve problems through free and informal communicationsthe matter informally. If, however, The right to grieve must be exercised within 45 days of the informal process does not resolve the matter, the grievance occurrence as defined in Section A. Beyond 45 days it will be processed as followsdeemed waived. If the matter cannot be resolved informally to the mutual satisfaction of both parties, then the following shall apply:
STEP 1: Any Employee who has a grievance . The employee or HTEA shall submit set forth the grievance in writing and deliver it to the Superintendent within ten calendar days after the failure of the informal procedure described in Paragraph B. The Superintendent shall communicate his decision in writing to the employee or HTEA within five school days after filing.
2. If dissatisfied, the employee or HTEA may appeal the Superintendent's decision to the Board, in writing, within ten school days after receipt by the employee or HTEA of the Superintendent's written decision. The Board will communicate its decision in writing to the employee or HTEA within ten school days.
3. If the employee or HTEA is dissatisfied with the decision of the Board, he/she or HTEA may, within ten school days following receipt of the Board's decision, give notice that he/she or HTEA wishes advisory arbitration. If the employee or HTEA fails to appeal the decision rendered at this or a prior step within the time limits specified, the original grievance and any appeals of it shall be null and void. Non-binding arbitration of any grievance shall be conducted by one person, mutually acceptable to both the employee or HTEA and Board, who shall be chosen promptly following the employee's immediate on-duty supervisor or HTEA's notice of the rank of sergeant or higher, specifically indicating that the matter is a grievance under appeal.
4. The arbitrator can add nothing to nor subtract anything from this Agreement. The grievance arbitrator shall contain a complete statement be limited to the issues submitted and shall consider nothing else. The decision of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials arbitrator shall not be done during binding upon the employee's hours of workBoard. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge The costs and services of the first occurrence arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the event giving rise to hearing room shall be borne equally by the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 Board and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1or HTEA. The grievance party incurring them shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingpay any other expenses incurred.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. A grievance shall be defined as any controversy or dispute involving the application or interpretation of the terms of this Agreement arising between the Union or an employee or employees and the Employer. The parties acknowledge agree that it they will promptly attempt to adjust all grievances arising between them. The Union or the aggrieved employee or employees shall use the following procedure as the sole means of settling grievances, except where alternative dispute resolution and appeal procedures have otherwise been agreed to in this Collective Bargaining Agreement, in which case the applicable alternative procedure shall be the exclusive appeal process available to the employee or employees.
B. Any grievance must be brought to the attention of the Employer, consistent with the procedures set forth in this Article, within fifteen (15) working days of the effective date of the disputed action or inaction or the date the employee is usually most desirable for an employee and his immediate supervisor made aware of the action or inaction, whichever is later.
C. If the Employer fails to resolve problems through free and informal communications. If, however, render a decision in the informal process does not resolve the matterallotted time frame, the grievance will may be processed as follows:advanced to the next step of the procedure by the Union.
STEP 1: Any Employee who has D. Allotted time frames may be extended by mutual agreement. Deadlines for submission of a grievance at Step Two and above shall submit be counted from the grievance in writing to date of receipt of a response from the employee's immediate on-duty supervisor Employer, or the date the response is due, whichever is earlier. Date of the rank receipt of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within either seven (7) calendar days following their meetingdate of postmark or the date of a signed verification of receipt. All mailed material relating to Steps Two, Three, and Four of a grievance shall be accomplished through a proof of receipt method.
STEP 3: If E. Grievances shall be processed on forms provided by the Employer. The grievance is not shall state the facts giving rise to the grievance, the provisions of the Agreement that have been violated, and the remedy requested.
F. Grievances settled in writing at Step 2 and One found to be contradictory to statute or the employee wishes Alaska Administrative Code may be reopened through a written notice to appeal the grievance Union within thirty (30) calendar days from the date of the written settlement. Grievances reopened in this manner shall proceed immediately to Step 3 Two of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. (a) It is agreed by the Company and the Union that meeting on grievances shall take place during regular working hours.
(b) It is agreed by the Company and the Union that no employee shall lose straight-time pay for time absent from their job when they are within the plant and when such absence from the employee’s job is for the purpose of processing grievances up to and including Step 3 of the grievance procedure outlined below.
(c) It is agreed by the Company and the Union that, although clause "(b)", above, provides for an employee's absence from the employee’s job for the purpose of processing grievances, the employee shall nevertheless secure permission from their immediate Supervisor before absenting themself from their job and shall request such permission sufficiently in advance to permit the securing of adequate replacement. Such permission shall not be unreasonably requested, nor shall it be unreasonably denied.
(d) The parties acknowledge Company and the Union are agreed that it is usually most desirable for important that the adjustment of grievances be made as speedily as possible according to the following procedure.
Step 1 An employee who feels they have a grievance as defined above, shall continue on their assigned duties. Should an employee and his immediate supervisor wish to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreementprocedure, a written statement specifying the facts relating to the complaint shall be prepared and presented to the employee’s ▇▇▇▇▇▇▇ by a Shop ▇▇▇▇▇▇▇. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during considered under this procedure unless the employee's hours of work. All grievances must be presented no later than seven written grievance is submitted to the ▇▇▇▇▇▇▇ within fourteen (714) calendar days from of the event giving rise date of its occurrence nor shall the Company be liable for any monetary payment covering any incident or period prior to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge date of the first occurrence of specified in the event giving rise to the grievancewritten statement. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure▇▇▇▇▇▇▇ shall, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the Cityemployee's answer at submission of the grievance, give a written reply to the employee concerning the grievance.
Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied 2 If settlement is not reached at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reachedfirst step, the Police Chiefemployee and Shop ▇▇▇▇▇▇▇ concerned may, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt the completion of Step 1, present the written grievance from Step 1 to the Department Head and request that a meeting be held to discuss the grievance. This meeting shall be held within seven (7) calendar days of the Union's appeal. If no agreement is reached, time the City Manager or the City Manager's designee shall submit a written answer grievance was presented to the grievant Department Head. The employee's Shop ▇▇▇▇▇▇▇ and Union Chief Shop ▇▇▇▇▇▇▇ shall be present at the meeting. The Department Head shall reply to the grievance, in writing, within seven (7) calendar days following the meetingdate on which the meeting was held.
Step 3 If settlement is not reached at the second step, the written grievance from Step 2 may, within seven
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an aggrieved bargaining unit employee and his or the Union ▇▇▇▇▇▇▇ shall discuss the matter with the bargaining unit employee’s immediate supervisor to resolve problems through free and informal communications. If, howeverwith the objective of resolving the issue informally.
Step 1 If the matter is not resolved informally, the informal process does not resolve aggrieved employee or the matterUnion ▇▇▇▇▇▇▇ shall reduce any grievance to writing, on the grievance will be processed form attached as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing Appendix B to this Agreement, and present it to the employee's ’s immediate on-duty supervisor within ten (10) work days of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event event-giving rise to the grievance or within of the date on which the employee or Union knew or should have known about the grievance. Within seven (7) calendar work days after the employee, through the use of reasonable diligence, could have obtained knowledge receipt of the first occurrence of grievance the event giving rise to supervisor, the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 Union ▇▇▇▇▇▇▇, and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1will meet. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide supervisor will issue a written answer to the grievance within five (5) work days following the meeting to both the aggrieved employee and the Union ▇▇▇▇▇▇▇. Nothing in this section shall preclude the Union Business Agent from participating, if notified by the Union ▇▇▇▇▇▇▇ and available at the scheduled time for meeting, but the supervisor shall not be obligated to notify the Union Business Agent of the meeting or to postpone the meeting to enable the Union Business Agent to attend.
Step 2 If the matter is not resolved to the satisfaction of the grievant and the Union at Step 1, the grievant may submit the grievance to the Superintendent or designee within five (5) work days following receipt of the Step 1 response. Within seven (7) calendar work days following their meeting.
STEP 3: If of receipt of the grievance the Superintendent or designee, the Union representative, and the employee will meet. The Union representative may be the Union Business Agent as long as the Agent is not settled available at the scheduled time of the meeting or is willing to extend grievance timelines at Step 2 and as necessary to enable rescheduling of the employee wishes to appeal the grievance to Step 3 meeting. The Superintendent can ask for agreed upon extension of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer timelines at Step 2. The grievance shall specifically state Union Business Agent may choose, however, to send a designee (i.e., ▇▇▇▇▇▇▇) to the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of workmeeting instead. The Police Chief, Superintendent or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide designee will issue a written answer to the grievance within ten (10) work days following the meeting to both the aggrieved employee and the Union representative.
Step 3 If the matter is not resolved to the satisfaction of the grievant and the Union at Step 2, the parties may agree to submit the grievance to Federal Mediation and Conciliation Services (FMCS) mediation within seven ten (710) calendar work days following their meetingreceipt of the Step 2 response. The parties should attempt to agree on a FMCS mediator. In the event there is no agreement, the Union will request that FMCS appoint a mediator.
STEP 4: Step 4 If the grievance matter is not settled at Step 3 resolved to the satisfaction of the grievant and the Union desires at Step 2 (or Step 3 if the parties agree to appealmediation), it shall be referred by the Union in writing may advance the dispute to arbitration by serving upon the City Manager Board written notice of the intent to submit the matter to arbitration within seven fifteen (715) calendar work days after following receipt of the City's answer at Step 3. Thereafter, the City Manager 2 response or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days date of receipt of the Union's appeal. If no agreement mediation, whichever is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingapplicable.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee All time limitations in this grievance procedure shall exclude Saturdays, Sundays and his immediate supervisor holidays and may be extended by mutual agreement of the City and the Union. Reference to resolve problems through free and informal communications"days" hereinafter shall mean calendar days. If, howeverIn the event the employer does not respond within the time limits set forth, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to Union may appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at next step.
Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andA fire fighter, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized or without a representative of the Union at Union, who has a time mutually agreeable grievance, shall orally present his/her grievance to an Assistant Fire Chief within five (5) days of the occurrence of the alleged grievance. The Assistant Fire Chief shall respond to the parties. If no settlement fire fighter within three (3) days of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingoral grievance.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state be considered resolved unless within five (5) days of the basis upon which receipt of the response at Step 2, the fire fighter and/or his/her authorized Union representative submit a written appeal to the Fire Chief or his/her authorized representative through the Assistant Fire Chief. The Fire Chief or his/her authorized representative shall respond in writing to the grievant believes within five (5) days of the receipt of the grievance.
Step 3. The grievance shall be considered resolved unless within five (5) days of the receipt of the response at Step 2, the fire fighter and/or his/her authorized Union representative submits a written appeal to the City Manager. The City Manager shall hold a hearing within five (5) days of the receipt of the appeal. The fire fighter, the Union and the Fire Chief shall have the right to be present and to set forth information to assist the City Manager in reaching a decision on the grievance. Said decision shall be issued within five (5) days following the completion of the hearing.
(1) Any grievance that has been processed in accordance with provisions of this Section of this contract, but not satisfactorily settled shall, upon proper appeal, be submitted to arbitration before an impartial arbitrator to be selected by mutual agreement of the parties. If, at any time within twenty (20) days (or longer period if mutually agreed upon) after receipt of such written appeal, the parties are unable to agree upon an arbitrator, the Iowa Public Employment Relations Board shall be requested to submit the names of five (5) disinterested persons qualified and willing to act as impartial arbitrators. From such list, the City and the Union shall each alternately strike one name until four (4) names have been eliminated and the person whose name remains on the list shall be selected to act as the impartial arbitrator. A coin toss shall determine who shall strike the first name. In order to be considered timely, a hearing regarding a grievance which is appealed to arbitration must be scheduled no later than sixty (60) days from the date that the grievance was improperly denied at appealed to arbitration.
(2) The arbitrator shall submit his/her decision, in writing, within thirty (30) days after the previous step conclusion of the hearing, or hearings, as the case may be, and the decision of the arbitrator so rendered shall be final and binding upon the fire fighter involved and upon the parties to this contract. Where a dispute relates to the scale of wages or benefits in the grievance procedure. Preparation of these written materials any way, any decision rendered shall not be done during retroactive more than twenty-four (24) days beyond the employee's hours of workdate on which the dispute was first presented as a grievance in writing. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative fees of the Union at a time mutually agreeable to the parties. If no settlement arbitrator and expense of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it arbitration shall be referred by the Union borne in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired equal shares by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If Each party shall be responsible for expenses they incur in the presentation of their case.
18.01
19.01 The arbitrator shall neither add to nor detract from nor modify the language of this Agreement in arriving at a determination of any issue that is presented that is proper for arbitration within the limitations expressed herein. The arbitrator shall have no agreement is reached, authority to change wage rates or salaries. The arbitrator shall expressly confine the City Manager or the City Manager's designee shall submit a written answer decision to the grievant precise issues submitted for arbitration and Union within seven (7) calendar days shall have no authority to determine any other issue not so submitted or to submit observations or declarations of opinion, which are not directly essential in reaching the determination of issue submitted for decision. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the meetingeffective date, and no arbitration determination, or award shall be made by an arbitrator which grants any right or relief for any period of time whatsoever prior to the effective date of this Agreement or following the termination of this Agreement. The above shall not apply to arbitration in process at the termination of this Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. IfGrievances, howeveras defined by Section 3.14, shall be resolved in conformance with the informal process does not resolve the matter, the grievance will be processed as followsfollowing procedure:
STEP 1: Any Employee who Step 1 An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has a grievance shall submit the occurred, present such grievance in writing to the employee's ’s immediate on-duty supervisor as designated by the EMPLOYER. The Supervisor will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the rank of sergeant or highergrievance, specifically indicating that the matter facts on which it is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, the remedy requested and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through Supervisor’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of If appealed, the written grievance procedure, it shall be submitted presented by the UNION and discussed with the Department Head. The Department Head shall give the UNION the EMPLOYER’S Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the grievance is not settled at Department Head’s final Step 2 and the employee wishes to appeal the answer. Any grievance not appealed in writing to Step 3 of by the grievance procedure, it UNION within ten (10) calendar days shall be submitted considered waived.
Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the City Manager. The City Manager shall give the UNION the EMPLOYER’S answer in writing to the Police Chief within seven with ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingCity Manager’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Public Employment Relations Board. For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall be consistent with Minnesota Statute 626.892.
Appears in 2 contracts
Sources: Master Labor Agreement, Master Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee employee or Union who has a grievance shall submit the grievance in writing to the employee's immediate onnon-duty bargaining unit supervisor (normally the Deputy Chief of the rank of sergeant or higher, Operations) specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event date of the first occurrence of the matter giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor or his designee shall render a written response investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance with the grievant and a Union representative within seven (7) calendar days after of receiving the grievance is presentedgrievance. The supervisor or his designee shall provide a written answer to the grievant and the Union President within seven (7) calendar days following that meeting.
STEP 2: If the grievance is not settled resolved at Step 1 and the employee or Union wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted by the employee in writing to the Deputy Police Fire Chief (and/or his designee) within seven (7) calendar days after receipt of the City's answer at in Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Fire Chief and/or his designee shall investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance within seven (7) calendar days with the grievant and an authorized representative a Union representative. The Fire Chief and/or his designee and the employee's non-bargaining unit supervisor may attend the grievance meeting. During such meeting, the grievant shall provide all relevant facts concerning the alleged contract violation and the parties shall discuss possible resolution of the Union at a time mutually agreeable to the partiesgrievance. If no settlement of the grievance is reached, the Deputy Police Chief, Fire Chief and/or his designee shall provide a written answer to the grievant and the Union President within seven (7) calendar days following their the date of the meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee or Union wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted by the employee in writing to the Police Chief City Administrator and/or his designee within seven (7) calendar days after receipt of the City's answer at in Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, City Administrator and/or his designee shall investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of a Union representative. The City Administrator and/or his designee may invite the Union Fire Chief to be present at a time mutually agreeable to the partiesmeeting. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, City Administrator and/or his designee shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union President within seven (7) calendar days following the date of the meeting. The City Administrator's and/or his designee's answer shall be final and binding unless the Union appeals to arbitration as provided in Section 4.3 of this Article.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. All grievances as defined herein shall be processed in accordance with this procedure. All grievances, beginning at Step 2 shall be filed on forms provided by the City for that purpose. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor City may refuse to resolve problems through free and informal communicationsconsider a grievance in those circumstances where the aggrieved party has not followed this procedure. IfHowever, however, the informal process does not resolve the matter, steps of the grievance will procedure may be processed as follows:waived by mutual agreement between the parties.
A. STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor . Within fifteen (15) days of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7act(s) calendar days from the event and/or omission(s) giving rise to the grievance or within seven fifteen (715) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence time the employee or EGPOA should reasonably have been aware of said act(s) and/or omission(s), the event giving grievance shall be discussed informally with the person or persons most directly responsible for the circumstances which gave rise to the grievance. The immediate supervisor shall render designated person to hear a written response to the grievant within seven (7) calendar days after the Step 1 grievance is presented.
STEP 2: the employee’s service area commander or his/her designee. If the grievance is not settled resolved within fifteen (15) days of the date on which it is first presented at Step 1 and 1, the employee wishes to appeal the grievance grievant may proceed to Step 2 2.
B. STEP 2. Within fifteen (15) days of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's Step 1 answer, or if no answer at is given, within thirty (30) days of the Step 1. The grievance shall specifically state 1 meeting, the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance andgrievant, in the course of such investigationif still dissatisfied, shall offer to discuss the grievance within seven (7) calendar days file with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or a formal written grievance. The designated person to hear a Step 2 grievance is the Police Chief's Chief or his/her designee, . Within fifteen (15) days of the receipt of the formal grievance the Police Chief or designee shall provide a written answer meet with the grievant to discuss the matter. The Police Chief or designee shall respond to the grievant grievant, in writing, within fifteen (15) days of the Step 2 meeting. The Step 2 response shall include the position of the Police Department and the Union within seven (7) calendar days following their meetingreasons therefore, as related to the grievance.
C. STEP 4: If 3. Within fifteen (15) days of the Step 2 response or, if no Step 2 response is received, within thirty (30) days of the Step 2 meeting, the grievance is not settled at Step 3 and the Union desires to appeal, it shall may be referred by the Union presented in writing to the City Manager. The designated person to hear a Step 3 grievance is the City Manager or his/her designee. The City Manager or designee shall conduct such investigation as is deemed appropriate and shall issue a written determination within seven thirty (730) calendar days after receipt of the City's answer date on which the grievance is first presented at Step 3. Thereafter, If the City Manager or designee fails to issue a written determination within the City Manager's designee and prescribed period of time or if the Police Chief or other appropriate individual(s) as desired by determination is not satisfactory to the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reachedgrievant, the EGPOA may request that the matter be submitted to binding arbitration. The City Manager or the City Manager's designee shall submit a written answer to be the grievant and Union within seven (7) calendar days following final level of appeal for grievances not represented by the meetingEGPOA.
Appears in 1 contract
Sources: Memorandum of Understanding
Procedure. Grievances, as defined by Section 8.1, shall be resolved in conformance with the following procedure:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The parties acknowledge that EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, and the relief requested. Preparation of these written materials remedy requested and shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP Step 2: . If appealed, the written grievance is not settled at Step 1 shall be presented by the UNION and discussed with the employee wishes to appeal the grievance to EMPLOYER-designated Step 2 of representative. The EMPLOYER- designated representative shall give the grievance procedure, it shall be submitted UNION the EMPLOYER'S Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the grievance is not settled at EMPLOYER-designated representative's final Step 2 and the employee wishes to appeal the answer. Any grievance not appealed in writing to Step 3 of by the grievance procedure, it UNION within ten (10) calendar days shall be submitted considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingEMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived.
Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board.
Appears in 1 contract
Sources: Labor Agreement
Procedure. The parties acknowledge that it is usually most desirable for an Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure:
Step 1. An employee and his immediate supervisor to resolve problems through free and informal communications. Ifclaiming a violation concerning the interpretation or application of this Agreement shall, howeverwithin 21 calendar days after such alleged violation has occurred, the informal process does not resolve the matter, present the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty ’s supervisor of as designated by the rank of sergeant or higher, specifically indicating that the matter is a grievance under this AgreementEmployer. The Employer-designated representative shall discuss and give an answer to such Step 1 grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) 10 calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievancereceipt. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the A grievance is presented.
STEP 2: If the grievance is not settled at resolved in Step 1 and the employee wishes to appeal the grievance appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the
Step 2. If appealed, the written grievance procedure, it shall be submitted presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer’s Step 2 answer in writing to the Deputy Police Chief within seven (7) 10 calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven (7) 10 calendar days with following the grievant and an authorized representative of the Union at a time mutually agreeable Employer-designated representative’s final Step 2 answer. Any grievance not appealed in writing to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and Step 3 by the Union within seven (7) 10 calendar days following their meetingshall be considered waived.
STEP Step 3: . If appealed, the written grievance is not settled at Step 2 shall be presented by the Union and discussed with the employee wishes to appeal the grievance to Employer-designated Step 3 of representative. The Employer-designated representative shall give the grievance procedure, it shall be submitted Union the Employer’s answer in writing to the Police Chief within seven (7) 10 calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) 10 calendar days following the meetingEmployer-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within 10 calendar days shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the State of Minnesota Bureau of Mediation Services.
Appears in 1 contract
Sources: Labor Agreement
Procedure. Both the District and the Union pledge their continuing effort to secure prompt disposition of requests, complaints, and grievances and agree that most complaints can be, should be and will be resolved in informal discussion. A grievance as referred to in this Article is any and all disputes concerning the application or interpretation of this Agreement; or any procedure, regulation, policy or statute which may apply to a unit member or groups of unit members; or any action taken by the District which affects the employment relationship between the unit member and the District. A grievance may be filed by a unit member, groups of unit members, or the Union. Each grievance must be initiated at the first step within thirty (30) days after the occurrence or knowledge of the event causing the grievance or the grievance shall be considered waived and abandoned for all time. The parties acknowledge that it is usually most desirable for an employee and his grievance procedure shall consist of the following steps:
Step 1 The unit member and/or his/her representative(s) shall confer with the immediate supervisor in an attempt to resolve problems through free and informal communications. If, however, the informal process does not resolve settle the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that . If the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsnot resolved within seven (7) calendar days, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than unit member has seven (7) calendar days from to appeal the event giving rise issue to Step 2.
Step 2 A grievance appeal to Step 2 shall be in writing setting forth the grievance or complaint and the remedy sought. A meeting shall be held between the aggrieved unit member(s), Union representative(s), the Superintendent of Schools and his/her support staff, as appropriate, within seven fourteen (714) calendar days after from the employeedate the written grievance is received, through to resolve the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievanceissue. The immediate supervisor Superintendent shall render a give his/her written response to the grievant within seven (7affected unit member(s) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their of the meeting.
STEP 3: If Step 3 In the event that the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer resolved at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reachedmay, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingSuperintendent's written response, request in writing to the Superintendent that the matter be referred to the Grievance Review Committee, who shall within five (5) calendar days, make referral of the matter to such Committee. The Grievance Review Committee shall be composed of two (2) representatives chosen by the District and two (2) representatives chosen by the Union. Neither the Union nor the District shall designate a representative who fulfills any other role within the grievance procedure. The Grievance Review Committee shall take the grievance referred to them under consideration within seven (7) calendar days from the date of referral. Should either party fail to appear before the Grievance Review Committee, the matter shall be resolved in favor of the appearing party.
Step 4 Should the Union or the District not accept the decision of the Grievance Review Committee, the Union and the District may, by mutual agreement and within seven (7) calendar days of the committee decision, seek the services of a neutral 3rd party mediator. The State Mediation and Conciliation Service shall be asked to assign a mediator who will review the grievance and meet with both parties in an effort to resolve the grievance. If the grievance is not resolved through mediation, then either party may appeal the grievance to the Board of Trustees (step 5). If the parties do not mutually agree to a neutral 3rd party mediation, then the grievance may proceed directly to the Board of Trustees (step 5).
Step 5 Should the Union or the District not accept the decision of the Grievance Review Committee, either the Union or the District may, within seven (7) calendar days after receiving the Committee's decision, appeal the decision to the Board of Trustees. The Board of Trustees shall issue a final decision on any grievance appeal to its level within thirty (30) calendar days of receipt of said appeal. The decision shall be binding on all parties. The Board of Trustees hearing of the grievance shall include the following elements:
1. Union presents perspective
2. District presents perspective
3. Union presents counter perspective and summarizes
4. District presents counter perspective and summarizes
5. Board members may ask questions of all parties at any time during the hearing of the grievance. Board deliberation and decision-making regarding the grievance shall occur privately, in the absence of District and Union representatives.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure:
Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within 21 calendar days after such alleged violation has occurred, present the grievance to the Chief or such other representative previously designated by the City as it’s Step 1 grievance representative. The parties acknowledge that Chief or such other representative previously designated by the City as it’s Step 1 grievance representative will discuss and give an answer to such Step 1 grievance within 10 calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this the Agreement which are alleged to have been allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise appealed to the grievance or Step 2 within seven (7) 10 calendar days after the employeeChief or such other representative previously designated by the City as it’s Step 1 grievance representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within 10 calendar days shall be considered waived.
Step 2. If appealed, through the use of reasonable diligence, could have obtained knowledge of written grievance shall be presented by the first occurrence of Union and discussed with the event giving rise to the grievanceCity Manager. The immediate supervisor City Manager shall render a written response to give the grievant Union the Employer's answer in writing within seven (7) 10 calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within 10 calendar days following the City Manager's final answer in Step 2. Any grievance is presented.
STEP 2: not appealed in writing to Step 3 by the Union within 10 calendar days shall be considered waived. If the grievance is not settled resolved at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it by mutual consent, the parties may submit the matter to mediation with the Bureau of Mediation Services. This step will not limit the time requirement for the Union to appeal the City's denial of a grievance at Step 2 to Step 3 except by mutual agreement. DocuSign Envelope ID: D5C383C4-B185-47A6-B994-95E7FBC031DA
Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted in writing to arbitration, subject to the Deputy Police Chief within seven (7) calendar days after receipt provisions of the City's answer at Step 1Public Employment Labor Relations Act of 1971, as amended by notifying the Commissioner of the Bureau of Mediation Services in Writing within the time for appeal noted above. The For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall specifically state be consistent with Minnesota Statute 626.892. For all other grievances the basis upon which the grievant believes that the grievance was improperly denied at the previous step selection of an arbitrator shall be made in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days accordance with the grievant and an authorized representative “Rules Governing the Arbitration of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred Grievances” as established by the Union in writing to the City Manager Bureau of Mediation Services. A grievance must be scheduled for arbitration within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt months of the Union's appeal. If no agreement is reacheddate that the parties receive the list of arbitrators from the Bureau of Mediation Services, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meetingit will be considered "waived."
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor If such informal discussions do not lead to resolve problems through free and informal communications. If, however, the informal process does not resolve the mattera satisfactory resolution of a grievance as defined herein, the grievance will shall be processed as followsaccording to the following procedure:
STEP 1: Any Employee who has a. If the grievant is unable to resolve a grievance informally, a written statement of the grievance shall submit be prepared, signed by the grievant, and delivered to the Vice President, Academic Services or the Vice President’s designee within the time limits specified in Section 6.7 of this Agreement. The written grievance shall:
(1) Identify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied.
(2) Identify the facts on which the grievance is based.
(3) Identify the manner in which each specified section has been violated, misinterpreted, or misapplied.
(4) Identify the relief requested. In the case of a grievance under Section 6.6, the written grievance shall:
(1) Identify the Board policy or policies that are allegedly violated, misinterpreted, or misapplied.
(2) Identify the facts on which the grievance is based.
(3) Identify the manner in which each specified policy has been violated, misinterpreted, or misapplied.
(4) Identify the relief requested. Each written grievance shall be accompanied by any and all statements or documents in support of such grievance and in support of the remedy requested.
b. Within 5 calendar days after the written grievance is submitted, the Vice President or Vice President’s designee must request any additional information or documentation necessary to respond to the grievance. Within 14 calendar days after the written grievance is submitted or within 14 calendar days after any additional requested information or documentation is received by the Vice President or Vice President’s designee, a meeting shall be held between the grievant, an Association representative if specifically requested by the grievant, the Vice President or the Vice President’s designee, and other appropriate administrative personnel.
c. The Vice President or the Vice President’s designee will answer the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) 10 calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, A grievance filed against the informal process does not resolve the matter, the grievance will Village shall be processed as followsin the following manner:
STEP 1: Step 1 Any Employee employee and/or Association representative who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher’s Division Commander, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the relevant facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven five (75) calendar business days (Mondays through Fridays) from the event date of the occurrence of the matter giving rise to the grievance or within seven five (75) calendar business days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor grievance provided, however, that the failure to cite a specific provision in the original grievance shall render not be a written response to the grievant within seven (7) calendar days after the grievance is presented.reason
STEP 2: Step 2 If the grievance is not settled at Step 1 and the employee employee, or the Association if an Association grievance, wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing designated as a “grievance” to the Deputy Police Chief within seven five (75) calendar business days after receipt of the City's Village’s answer at in Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief or his designee shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven five (75) calendar business days with the grievant and an authorized Association representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance if one is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and requested by the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, Chief or the Police Chief's designee, designee shall provide a written answer to the grievant and grievant, or to the Union Association if an Association grievance, within seven five (75) calendar business days following their meeting.
STEP 4: Step 3 If the grievance is not settled at Step 3 2 and the Union Association desires to appeal, it shall be referred by the Union Association in writing to the City Village Manager within seven five (75) calendar business days after receipt of the City's Village’s answer at in Step 32. Thereafter, the City Village Manager or the City Manager's his designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) Village Manager, shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative ▇▇▇▇▇▇▇ involved within five (not to exceed three (3)5) within seven (7) calendar business days of receipt of the Union's Association’s appeal, if at all possible. If no agreement is reached, the City Village Manager or the City Manager's designee shall submit a written answer to the grievant and Union Association within seven five (75) calendar business days following the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it Council shall designate a representative to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is usually to be presented in accordance with the Council’s grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most desirable likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure currently prescribed for an the Institute/Branch in which the employee and his immediate supervisor works shall apply to resolve problems through free and informal communicationsthe employee. If, howeverAll levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the informal process does not resolve the matteremployee and, when applicable, the grievance will be processed as follows:
STEP 1: Any Employee who has representative. An employee may present a grievance shall submit for consideration at each succeeding level in the grievance procedure beyond the first level either when the decision or settlement is not satisfactory to the employee, within ten days after that decision or settlement has been conveyed in writing to the employee's immediate on-duty supervisor of employee by the rank of sergeant Council, but shall not be entitled to do so after the said ten days have elapsed, or higherwhen the employee does not receive a decision within fifteen days, specifically indicating that the matter may present the grievance for consideration at the next higher level within fifteen days after the last day the was entitled to receive a reply but shall not be entitled to do so after the said fifteen days have elapsed. When it is necessary for the employee to present a grievance under this Agreement. The by mail, the grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged be deemed to have been violated, presented on the day on which it is postmarked and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing deemed to have been received by the Council on the day it is delivered to the Deputy Police Chief within seven (7) calendar days after receipt of appropriate office concerned. Similarly, the City's answer Council shall be deemed to have delivered a reply at Step 1. The grievance shall specifically state any level on the basis upon date on which the grievant believes that letter containing the reply is postmarked, but the time limit within which the may present his grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. in relation to this clause both the employee and the Council shall use registered mail. at level one in the grievance procedure who shall provide the employee with a receipt stating the date on which the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingreceived.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to aggrieved person must discuss the grievance claim with the principal to resolve the matter informally. This step shall be initiated by the aggrieved person within seven ten (710) calendar days of the "claimed violation.” If after the principal has discussed the matter informally with the grievant aggrieved person and an authorized representative of feels that the Union at a time mutually agreeable to matter could better be handled by the parties. If no settlement of Superintendent, the principal may direct that if the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, filed it shall will be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer filed at Step 3. ThereafterIf the “claimed violation happens at the end of the school year and there are not ten (10) calendar days left then the aggrieved person must discuss the claim with the principal by July 1. The principal will have fifteen (15) calendar days to discuss the claim.”
Step 2. If the complaint has not been satisfactorily resolved, the City Manager or aggrieved person may file a written complaint with the City Manager's designee and principal within ten (10) calendar days of the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall completion of Step 1. The principal will meet with the grievant and aggrieved person and, if requested, a Union representative and other appropriate individuals as desired by of the Union representative Association within ten (not to exceed three (3)) within seven (710) calendar days of receipt of the Union's appealgrievance. If no agreement the written complaint is reached, received during the City Manager or summer vacation period the City Manager's designee principal will have twenty (20) calendar days to meet with the aggrieved person. The Principal shall submit a written answer decision, with reasons, to
Step 3. An appeal of the decision of the principal may be made by the aggrieved person to the grievant Chairman of the Association within ten (10) calendar days of the completion of Step 2. The Association may decide that the claim has no merit and Union may drop the grievance or it may file the grievance with the Superintendent within seven ten (710) calendar days of the receipt of appeal by the Association.
Step 4. If the Association files a grievance with the Superintendent, the Superintendent will meet with the aggrieved person and the Chairman of the Association or his/her designee within ten (10) calendar days of receipt of the grievance. The Superintendent will submit a written decision, with reasons, to the Association within ten (10) calendar days following the meeting. If the grievance is in the summer, the Superintendent will have fifteen (15) calendar days to submit the written decision.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee employee or Union who has a grievance shall submit the grievance in writing to the employee's immediate onnon-duty bargaining unit supervisor (normally the Deputy Chief of the rank of sergeant or higher, Operations) specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event date of the first occurrence of the matter giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor or his designee shall render a written response investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance with the grievant and a Union representative within seven (7) calendar days after of receiving the grievance is presentedgrievance. The supervisor or his designee shall provide a written answer to the grievant and the Union President within seven (7) calendar days following that meeting.
STEP 2: If the grievance is not settled resolved at Step 1 and the employee or Union wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted by the employee in writing to the Deputy Police Fire Chief (and/or his designee) within seven (7) calendar days after receipt of the City's answer at in Step 1. I. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Fire Chief and/or his designee shall investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance within seven (7) calendar days with the grievant and an authorized representative a Union representative. The Fire Chief and/or his designee and the employee's non-bargaining unit supervisor may attend the grievance meeting. During such meeting, the grievant shall provide all relevant facts concerning the alleged contract violation and the parties shall discuss possible resolution of the Union at a time mutually agreeable to the partiesgrievance. If no settlement of the grievance is reached, the Deputy Police Chief, Fire Chief and/or his designee shall provide a written answer to the grievant and the Union President within seven (7) calendar days following their the date of the meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee or Union wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted by the employee in writing to the Police Chief City Administrator and/or his designee within seven (7) calendar days after receipt of the City's answer at in Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, City Administrator and/or his designee shall investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of a Union representative. The City Administrator and/or his designee may invite the Union Fire Chief to be present at a time mutually agreeable to the partiesmeeting. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, City Administrator and/or his designee shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union President within seven (7) calendar days following the date of the meeting. The City Administrator's and/or his designee's answer shall be final and binding unless the Union appeals to arbitration as provided in Section 4.3 of this Article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for a. Any grievance must be filed by an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, or the informal process does not resolve union in writing with HR within fifteen (15) business days after the matter, date the employee knew or reasonably should have known of the fact(s) or event(s) upon which the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreementbased. The grievance shall contain a complete statement will state the nature of factsthe grievance, identify the provision or provisions Article(s) of this the Agreement which are alleged to have been violatedviolated or the rule or policy allegedly not complied with and will specify the remedy requested. Failure to file the grievance within the time specified shall mean that the grievance is denied, and the relief requested. Preparation of these written materials it shall not be done during subject to further processing.
b. WBNG group (institutional) grievances shall be filed with the employee's hours of work. ▇▇▇ Human Resources Department.
c. All grievances grievance-related paperwork, filings, et cetera must be presented no later than seven (7) calendar days from the event giving rise submitted to the ▇▇▇ Human Resources Department.
d. ▇▇▇ will provide WBNG in a timely fashion all legitimate information requests and will notify WBNG of any unusual delays in doing so.
e. Information requests shall come from or through one designated WBNG representative for all grievances.
f. ▇▇▇ and WBNG agree to a three (3) step grievance procedure where the third step includes the appeal of certain grievances to the ▇▇▇ CEO or within seven their designee, provided that the designee is a Chief Executive who had no prior involvement in the matter. Grievances appealable to the ▇▇▇ CEO include suspensions, terminations, institutional grievances affecting more than one (71) calendar bargaining unit member, grievances related to employees working out of salary grade or employees who failed to receive promotions to which they believed they were entitled. Grievances other than those listed above may also be appealable to the CEO or their designee upon mutual agreement between ▇▇▇ and WBNG or as outlined in policies reviewed and approved by WBNG.
g. All resolutions to grievances will be agreed to by ▇▇▇ and WBNG.
h. WBNG will provide ▇▇▇ with a list of twelve (12) grievance representatives (stewards).
i. Step 1 Within eleven (11) business days after following the filing of the grievance, the employee, through and up to two (2) WBNG representatives if the use employee chooses, will meet with the employee’s immediate supervisor or most appropriate manager as determined by the issue and the ▇▇▇ Human Resources Department, and if ▇▇▇ chooses, an additional ▇▇▇ representative other than the Human Resources Director, for the purpose of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise attempting to resolve the grievance. The immediate supervisor shall render or most appropriate manager as determined by the issue and the ▇▇▇ Human Resources Department will provide the employee, ▇▇▇▇▇▇▇ and WBNG with a written response to the grievant grievance within seven eleven (711) calendar business days after of the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee employee who has a grievance shall submit the grievance in writing to the employee's ’s immediate onnon-duty bargaining unit supervisor of the rank of sergeant or higher(currently Deputy Chief), specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven fourteen (714) calendar days from the event date of the first occurrence of the matter giving rise to the grievance or within seven fourteen (714) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate non- bargaining unit supervisor (currently Deputy Chief) shall render a written response to the grievant within seven five (75) calendar business days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief Director of Law Enforcement Services within seven five (75) calendar business days after receipt of the City's Village’s answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation The Director of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief Law Enforcement Services, or his designee, shall investigate the grievance and, in the course of such investigation, the Director of Law Enforcement Services or his designee and other Village representatives (not to exceed two additional Village representatives) shall offer to discuss the grievance within seven five (75) calendar business days with the grievant and an authorized representative of the Union Chapter at a time mutually agreeable to the parties. If either party intends to bring an attorney to the Step 2 meeting, that party shall notify the other party in advance of the meeting. If no settlement of the grievance is reached, the Deputy Police ChiefDirector of Law Enforcement Services, or his designee, shall provide a written answer to the grievant and the Union Chapter within seven five (75) calendar business days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union Chapter desires to appeal, it shall be referred by the Union Chapter in writing to the City Village Manager within seven five (75) calendar business days after receipt of the City's Village’s answer at Step 32. Thereafter, the City Village Manager or the City Manager's his designee and the Police Chief Director of Law Enforcement Services or other appropriate individual(s) as desired by the City Village Manager (not to exceed three (3)three) shall meet with the grievant and a Union Chapter representative and other appropriate individuals as desired by the Union Chapter representative (not to exceed three (3)three) within seven fifteen (715) calendar business days of receipt of the Union's Chapter’s appeal. If no agreement is reached, the City Village Manager or the City Manager's designee shall submit a written answer to the grievant and Union Chapter within seven ten (710) calendar business days following the meeting.
Appears in 1 contract
Sources: Labor Agreement
Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure:
Step 1. AnEmployee claiming aviolationconcerning theinterpretationor application of the AGREEMENT shall, within twenty-one (21) calendardays after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the EMPLOYER. The parties acknowledge that EMPLOYER- designated representative will discuss and give an answer to such Step1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of factsbased, the provision or provisions of this Agreement which are alleged to have been the AGREEMENT allegedly violated, the remedy requested, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven appealed to Step 2 within ten (7) calendar days from the event giving rise to the grievance or within seven (710) calendar days after the employee, through EMPLOYER- designated representative's final answer in Step 1 Any grievance not appealed in writing to Step 2 by the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant UNION within seven ten (710) calendar days after the grievance is presentedshall be considered waived.
STEP Step 2: . If appealed, the written grievance is not settled at Step 1 shall be presented by the UNION and discussed with the employee wishes to appeal the grievance to EMPLOYER-designated Step 2 of representative. The EMPLOYER- designated representative shall give the grievance procedure, it shall be submitted UNION the EMPLOYER's Step 2 answer in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at such Step 12 grievance. The A grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step not resolved in the grievance procedure. Preparation of these written materials shall not Step 2 may be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer appealed to discuss the grievance Step 3 within seven ten (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (710) calendar days following their meeting.
STEP 3: If the grievance is not settled at EMPLOYER-designated representative's final Step 2 and the employee wishes to appeal the answer. Any grievance not appealed in writing to Step 3 of by the grievance procedure, it UNION within (10) calendar days shall be submitted considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S answer in writing to the Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires grievance. A grievance not resolved in Step 3 may be appealed to appeal, it shall be referred by the Union in writing to the City Manager Step 4 within seven ten (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (710) calendar days following the meetingEMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Appears in 1 contract
Sources: Labor Agreement
Procedure. The parties acknowledge It is agreed that it is usually most desirable for an of mutual interest to both the Company and the Union that any grievance arising over the application, interpretation or alleged violation of any of the terms of this Agreement, including a question as to whether a matter is arbitrable, be settled as expeditiously as possible in accor- dance with the procedure set forth hereunder. The Union will appoint and the Company will recognize a committee of three (3) members, all regular employees of Country Ribbon to deal with complaints and grievances. This committee shall be known as the Grievance Committee. The Union shall inform the Company in writing of the names of the committee members. All grievances shall he processed without stoppage of work according to the following procedures: An employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall first present his grievance verbally to the ▇▇▇▇▇▇▇ concerned, within three (3) working days of the occurrence or discovery of the alleged grievance and the ▇▇▇▇▇▇▇ shall render his decision within three (3) days of the receipt of the grievance. Such an employee may be accompanied by a Shop ▇▇▇▇▇▇▇ or the Shop ▇▇▇▇▇▇▇ may initiate the grievance on behalf of the employee. In the case of Clerical and Sales Staff, the grievance shall be verbally presented to the Supervisor. Should the verbal decision given under Step I not he accept- able, the employee, accompanied by a member of the Grievance Committee, may, within five (5) days, discuss the matter with the Operations Manager or his designated repre- sentative. The Company may require that a grievance pre- sented at this stage be in writing and that full details of the alleged grievance he provided. The Operations Manager or his designated representative shall, within five (5) days, ren- der his decision to the aggrieved employee. In the case of Clerical Staff, the matter shall be discussed with the Finance and Administration Officer and in the case of Sales, the Sales and Marketing Manager. If the employee fails to receive a satisfactory answer to grievance within five (5) days after the filing of the grievance at Step may, within a further five (5) days submit the grievance in writing to the employee's immediate on-duty supervisor General Manager of Processing who, for the purpose of investigating the griev- ance, shall form a Committee consisting of four (4) persons, comprising an equal number of Employer and Union repre- sentatives. The Union shall appoint its two (2) representa- tives to the committee. One of the rank of sergeant or higher, specifically indicating that Employer’s representa- tives shall chair the matter is a grievance under this Agreement. The grievance Committee shall contain a complete statement of facts, be enti- tled to interview such persons as it deems necessary for the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 investigation of the grievance procedure, it and shall be submitted give its decision in writing to the Deputy Police Chief within seven ten (710) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appealgrievance. The Committee’s report shall consist of the joint decision of the Committee where the Committee members agree to a solution. If no agreement the matter is reachednot mutually resolved by the Committee, then the Employer’s representatives will send their position, along with a brief summary of the Committee’s deliberations, to the with a copy being sent to the Union. If, after exhausting the foregoing procedures, the City Manager or grievance has not been settled, either party may, within five (5) days, notify the City Manager's designee shall other party, in writing, of its desire to submit a written answer the matter to the grievant and Union within seven (7) calendar days following the meetingarbitration.
Appears in 1 contract
Sources: Collective Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the mattermatter or is not utilized, the grievance will be processed as follows:
STEP 1: Any Employee who has An employee, with or without the Union, or the Union alone in the case of a grievance Union grievance, shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, Deputy Chief specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, the relief requested and the relief requestedsignature of the grievant. Preparation of these written materials shall not be done If the employee’s regular Shift Commander is absent or unavailable during the employee's hours period of worktime in which a grievance must be filed, then the grievance shall be presented to the Deputy Chief. All grievances must be presented no later than seven (7) calendar days from the event date of the first occurrence of the matter giving rise to the grievance or within no later than seven (7) calendar days after the employeegrievant, through the use of reasonable diligence, could have obtained knowledge become aware of the first occurrence of the event matter giving rise to the grievance. (this timeline may be extended if mutually agreed upon by both parties.) The immediate supervisor Deputy Chief or his designee shall offer to meet with the grievant and a Union Representative, if desired by the grievant, to discuss the grievance within seven (7) calendar days after his receipt of the grievance from the grievant. The Deputy Chief shall render a written response to the grievant and the Union within seven (7) calendar days after the Step One grievance meeting, if any. If no such meeting is presentedheld then the Deputy Chief shall respond to the grievance within seven (7) calendar days after his receipt of the grievance.
STEP 2: If the grievance Grievance is not settled at Step 1 and the employee grievant wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Fire Chief or his designee within seven (7) calendar days after receipt of the City's ’s answer at Step 11 or his/her designee. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials The Fire Chief or his designee shall not be done during offer to meet with the employee's hours of work. The Deputy Police Chief shall investigate the grievance grievant and, in if desired by the course of such investigationgrievant, shall offer a Union Representative to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement after his receipt of the grievance is reached, from the Deputy Police Chief, grievant. The Fire Chief or his designee shall then provide a written answer to the grievant and the Union within seven (7) calendar days following their after the Step 2 grievance meeting, if any. If no such meeting is held then the Fire Chief or his designee shall respond to the grievance within seven (7) calendar days after his receipt of the grievance.
STEP 3: If the grievance is not settled at Step 2 and the employee grievant wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief City Manager or his designee within seven (7) calendar days after receipt of the City's ’s answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.Step
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties hereto acknowledge that it is usually most desirable for an employee and his immediate his/her immediately involved supervisor to resolve problems through free and informal communications. When appropriate and requested by the employee, an Association representative may accompany the employee to assist the informal resolution of the grievance. If, however, the informal process does not resolve fails to satisfy the mattergrievant, the a grievance will may be processed filed as follows:: Any grievance must be filed within 30 days of the alleged infraction.
STEP 1: Any Employee who has a grievance shall submit The grievant may present the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higherimmediately involved supervisor, specifically indicating that the matter is who will arrange for a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged meeting to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven take place within five (75) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use receipt of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate Association's representative (if requested by the grievant), the grievant, and the immediately involved supervisor shall render a written response to be present for the meeting. Within five (5) days of the meeting, the grievant within seven (7) calendar days after shall be provided with the grievance is presentedsupervisor's written response, including the reasons for the decision.
STEP 2: If the grievance is not settled resolved at Step 1 and 1, then the employee wishes to appeal grievant may refer the grievance to the Director of Schools or his/her designee within five (5) days after the Step 2 1 answer or within ten (10) days after the Step 1 meeting, whichever is later. The director or his/her designee shall arrange with the grievant for a meeting to take place within five (5) days of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after director’s receipt of the City's answer at Step 1appeal. The grievance Each party shall specifically state have the basis upon which right to include in its representation such witnesses and counselors as it deems necessary. Within five (5) days after the meeting, the grievant believes that shall be provided the grievance was improperly denied at director's written response including reasons for the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingdecision.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer resolved at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate time limits expire without the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative issuance of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reacheddirector's written reply, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union Association (if requested by the grievant) may request a review by the Board of Education within seven five (75) calendar days following their meetingafter the employee receives the written decision or within ten (10) days after the time limits for Step 2 have expired. The request shall be made in writing through the Director of Schools, who shall attach all related documents and forward the request to the Board of Education. The Board shall review the case; shall hold a hearing with the employee if requested by the employee or the Association (if requested by the grievant); and render a decision in writing within ten (10) days of receipt of the grievance. Copies of the decision of the Board of Education shall be sent to the grievant, the Association, when representing the grievant, and to the Director of Schools.
STEP 4: If the grievance grievant is not settled satisfied with the deposition of the grievance at Step 3 and or the Union desires to appeal, it shall be referred by time limits expire without the Union in writing to the City Manager within seven (7) calendar days after receipt issuance of the CityBoard's answer at Step 3. Thereafterwritten reply, the City Manager or grievant may submit the City Manager's designee and grievance to advisory/fact finding arbitration under the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt VOLUNTARY LABOR ARBITRATION RULES of the Union's appealAmerican Arbitration Association, which shall act as the administrator of the proceedings. If no agreement is reached, The steps/procedures are outlined in the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven document titled “ADVISORY ARBITRATION PROCEDURE”. (7) calendar days following the meeting.See Appendix V.)
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an A. Step One - (IMMEDIATE SUPERVISOR, WRITTEN) If the alleged grievance cannot be settled informally with the employee's immediate supervisor, then the employee will reduce the grievance to writing (see Appendix C). Within five (5) days of the receipt of the grievance, the supervisor will schedule a meeting with the employee and his immediate supervisor the Association Representative at a time and place agreeable to resolve problems through free the participants. After the meeting and informal communications. If, howeverwithin five (5) days, the informal process does supervisor will put in writing on the appropriate form (see Appendix C), his/her decision. If the employee and the Association do not resolve accept the matterdecision of the supervisor, then they will make this decision known within five (5) days of the receipt of the decision from the supervisor and forward it to Step Two.
B. Step Two - (SUPERINTENDENT/DESIGNEE, WRITTEN) Upon receipt of the grievance from Step One, the Superintendent/designee will, within ten (10) days, schedule a meeting with the employee and the Association Representative at a time and place agreeable to the participants. Members of the administration who may be involved in the alleged grievance may also be in attendance at the request of either party. Within ten (10) days of this meeting the Superintendent/designee will make his decision known to the Association. If the decision is not acceptable by the Association, then the grievance may be forwarded to Step Three.
C. Step Three - (ARBITRATION - WRITTEN) If the grievance is still not settled, the Association may, within fifteen (15) days after the Superintendent/designee's answer, submit the grievance to arbitration. The rules of the American Arbitration Association will govern the filing of the demand for arbitration, the selection of the arbitrator, and the conducting of the hearing, and all other matters surrounding the arbitration process. The cost for the services of the arbitrator, including per diem expenses, and the American Arbitration Association filing fees will be borne equally by the District and AAES. All other expenses will be borne by the parties incurring them; and neither party will be responsible for the expense of witnesses called by the other, except the grievant(s), grievance committee members, and Association member(s) who are witnesses involved in the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance shall submit released without loss of pay to participate in the grievance in writing to the employee's immediate on-duty supervisor arbitration hearing. The decision of the rank of sergeant or higherarbitrator will be final and binding on the District, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violatedAAES, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 1 contract
Sources: Master Agreement
Procedure. The parties acknowledge that 1. Since it is usually most desirable for an employee important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and his immediate supervisor every effort should be made to resolve problems through free and informal communicationsexpedite the process. IfThe time limits specified, however, may be extended by mutual agreement.
2. In the informal process does event a grievance is filed at such time that it cannot resolve be processed through all the mattersteps in this grievance procedure by the end of the school year, and if left unresolved until the beginning of the following school year, could result in irreparable harm to a grievant, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
3. All conferences shall be held in a private administrative office and shall be scheduled by mutual agreement at the end of the school day, or at any time during the school day if mutually agreed upon by both parties. If the grievant(s) fail to attend the conference, the grievance shall be dismissed and reason noted by the Superintendent or designated building administrator on the grievance form. Exception: Extenuating circumstances (illness, accident, etc.) may necessitate a rescheduling and this must be arranged by mutual agreement prior to scheduled conferences.
LEVEL 1 - INFORMAL MEETING A grievance will first be discussed with the aggrieved bargaining unit member’s Supervisor. When requested by the Association and the grievance affects bargaining unit members in more than one (1) building, the grievance shall first be discussed with the most appropriate supervisor as mutually determined by the Parties. The objective of the informal meeting will be processed as follows:
STEP 1to resolve the matter informally, at which time the aggrieved bargaining unit member and/or a representative of the Association may: Any Employee who has a grievance shall submit Ten (10) days after the presentation of the grievance to the supervisor, the supervisor shall make a decision and communicate the decision and reasons therefore in writing to the employee's immediate on-duty supervisor of employee presenting the rank of sergeant or highergrievance, specifically indicating that to the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violatedAssociation, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or Superintendent. LEVEL 2 - SUPERINTENDENT'S REVIEW If the aggrieved bargaining unit member(s) are not satisfied with the decision arrived at under Level 1, he/she may within seven (7) calendar days file with the Clerk of the District an appeal in writing requesting the Superintendent to review the matter. Such appeal shall include, among other things, a summary of the grievance and a statement of why the determination of Level 1 was unsatisfactory. The Superintendent or his/her designee shall meet with the grievant and his/her representative (if the bargaining unit member desires a representative) at a reasonable time and place designated by the Superintendent within five (5) days after the employee, through the use of reasonable diligence, could have obtained knowledge presentation of the first occurrence of appropriate appeal documents to the event giving rise Clerk's office. Such meeting shall be an attempt to resolve the grievance. Within ten (10) days after such a meeting or meetings, the Superintendent or his/her designee shall make a decision in writing, setting forth conclusions with respect to the grievance, and setting forth reasons for such conclusions. The immediate supervisor A copy of such decision shall render a written response be given to the grievant within seven (7) calendar days after grievant, the grievance is presented.
STEP 2: Association, and the Clerk of the District. LEVEL 3 - ARBITRATION If the grievance Association is not settled at Step 1 and satisfied with the employee wishes to appeal the grievance to Step 2 disposition of the grievance procedureat Level 2, it the Association may within twenty (20) days file with the Clerk of the District a demand for arbitration. A copy of said demand shall be forwarded to the American Arbitration Association. The parties will then be bound by the rules and proceedings of the American Arbitration Association. The arbiter will have authority to hold hearings and make procedural rules. Either party may request a written transcript of such hearings. All hearings held shall be closed sessions and no news releases shall be made concerning the progress of the hearings. The arbiter's report shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt Board and the Association, and shall set forth the findings of fact, reasonings, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decisions which require the commission of an act prohibited by law or which shall be violative of the City's answer at Step 1terms of this Agreement. The grievance decisions o f the arbiter shall specifically state the basis be final and binding upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of workall parties. The Deputy Police Chief arbiter's fee and expenses shall investigate be shared equally by the grievance andAssociation and the Board. The cost of the transcript, in the course of such investigationif requested, shall offer to discuss be paid by the grievance within seven (7) calendar days with requesting party. If jointly requested, the grievant and an authorized representative cost of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it transcript shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingshared equally.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for All differences between the Employer and the Union concerning the interpretation, application, operation, and/or an employee alleged violation of this Agreement shall be settled without stoppage of work or lockout and his immediate supervisor the dispute shall be submitted in writing within ten days of the issue becoming known to resolve problems through free either party and informal communicationsthen referred to paragraph below. If, howeverIn the event of any dispute arising out of this Agreement between the Employer and an employee, the informal process does not resolve the matter, the grievance following procedure will be processed as follows:
STEP 1followed: Any Employee who has a grievance An aggrieved party shall within ten days of the alleged violation submit the grievance their complaint in writing to the Chief ▇▇▇ ▇▇▇▇▇▇▇ who shall endeavour to settle the complaint between the employee and the employee's ’s immediate on-duty supervisor supervisor. If the complaint is not settled within two (2) days (excluding Saturdays, Sundays and Holidays) it may be referred to the Project Superintendent and an official representative of the rank Union. If the complaint is not then settled within three (3) days (excluding Saturdays, Sundays and Holidays) it shall be referred to the Management of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, Employer involved and the relief requestedBusiness Agent of the Union. Preparation of these written materials shall If the complaint is not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or settled within seven (7) calendar days after the employee(excluding Saturdays, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7Sundays and Holidays) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred to Arbitration. By mutual consent of the parties this time limit may be extended. The parties will attempt to jointly select a sole Arbitrator, failing which either party may request one be appointed by the Union in writing Alberta Labour Relations Board. Each party shall bear one-half of the expense of the Arbitrator. If a grievance is not submitted or advanced from one step to another within the time limits the grievance shall be deemed to be abandoned and all rights of recourse to the City Manager grievance procedure shall be at an end, except that the Union and the Employer may mutually agree to extend the time limits. The Arbitrator shall be vested with the authority to decide whether any matter referred to it is arbitrable. It shall make its decision within seven fourteen (714) calendar days after receipt of the City's answer at conclusion of the hearing. By mutual consent of the parties the time limits may be extended. It shall not alter, amend, or change the terms of this Agreement. The decision of the Arbitrator shall be final and binding upon both parties. A probationary employee’s discipline or termination may be the subject of a grievance up to Step 3. Thereafter, of the City Manager or the City Manager's designee grievance procedure and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt disposition of the Union's appealgrievance shall be final and binding at this Step. If no agreement is reached, the City Manager The discipline or the City Manager's designee termination of a probationary employee shall submit a written answer not be subject to the grievant and Union within seven (7) calendar days following the meetingArbitration.
Appears in 1 contract
Sources: Collective Agreement
Procedure. The parties acknowledge that it If a decision is usually most desirable for an not returned to the employee and his immediate supervisor to resolve problems through free and informal communications. If, howeverwithin the time limits specified in each step below, the informal process does employee may, after the time limit has passed, present the grievance to the County representative specified in the next step of the grievance procedure. Grievances and appeals must be filed within the time limits specified below. If a grievance is not resolve presented or if an appeal of a decision rendered regarding the mattergrievance\appeal is not filed within the time limits, the grievance will grievance\appeal shall be processed as follows:considered resolved.
STEP Step 1: Any Employee who has a grievance shall submit the grievance in writing to the employee's immediate on-duty supervisor of the rank of sergeant or higher, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain be filed by the Union, employee, or Union ▇▇▇▇▇▇▇ with their second level supervisor within fifteen (15) working days of the occurrence which gave rise to the grievance or when the employee or Union should have reasonably had first knowledge of the grievance. Such grievance shall be filed on a complete statement standard County grievance form, shall set forth the specific contract provisions alleged to have been violated and include the proposed remedy. Within ten (10) working days of factsreceipt of the written grievance, the provision second level supervisor shall meet with the employee. Within five (5) working days thereafter, a written decision shall be given to the employee or the grievance shall be deemed denied.
Step 2. If a grievance is not settled at Step 1, it may be presented to the Prosecuting Attorney or designee by delivering a copy of the materials for the Prosecuting Attorney’s consideration to the Chief of Staff and Human Resources Manager. The grievance shall be submitted within fifteen (15) working days after receipt of the decision at Step 1 or the expiration of the time limits, whichever is earlier. Such appeal shall be written on a standard County grievance form, shall set forth the specific contract provisions of this Agreement which are alleged to have been violated, the reason for dissatisfaction and include the relief requestedproposed remedy. Preparation Within ten (10) working days of these receipt of the written materials grievance, the Prosecuting Attorney or designee, shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after meet with the employee, through and the use of reasonable diligenceUnion ▇▇▇▇▇▇▇ and/or Union Staff Representative. Within ten (10) working days thereafter, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response decision shall be given to the grievant within seven (7) calendar days after and Union Staff Representative or the grievance is presentedshall be deemed denied.
STEP 2: Step 3. If the grievance is not settled resolved at Step 1 and 2, an arbitration request may be submitted by the employee wishes Union designee. Only signatories to appeal the this Agreement may advance a grievance to Step 2 of the grievance procedure, it arbitration. A request for arbitration shall be submitted presented in writing to the Deputy Police Chief County Executive or Prosecuting Attorney within seven twenty (720) calendar working days after receipt of from the City's answer at Step 1. The grievance shall specifically state date the basis upon which the grievant believes that the grievance decision was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer rendered at Step 2, or thirty (30) working days from the date of the Step 2 meeting, whichever is earlier. As soon as practicable thereafter, or as otherwise agreed to by the parties, an arbitrator shall hear the grievance. In the event the parties cannot agree on the selection of an arbitrator, the parties shall request a list from the American Arbitration Association or some other agreed upon source. The grievance shall specifically state the basis agreed upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee source shall submit a written answer list of eleven (11) arbitrators from which a selection shall be made by alternately striking one
(1) name from the list until only one (1) name shall remain. The decision of the arbitrator shall be rendered as expeditiously as possible (but no later than thirty (30) days from the close of record) and shall be final and binding upon both parties. Any decision rendered shall be within the scope of this Agreement and shall not add to or subtract from any of the terms of this Agreement. The arbitrator shall confine themself to the grievant precise issue(s) submitted for arbitration and Union within seven (7) calendar days following shall have no authority to determine other issues not submitted. The time limits set forth above may be extended by mutual written agreement of the meetingEmployer and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for 1. Any employee may use this grievance procedure with or without Union assistance. Should an employee process a grievance through one or more of the steps provided herein prior to seeking Union aid, the Union may process the grievances from the next succeeding step following that which the employee has utilized.
2. No grievance settlement made as a result of an individually processed grievance shall contravene the provisions on this Agreement.
3. Grievances may be filed at the step corresponding to the level at which the discipline was imposed or administrative action taken or decision rendered which has the authority to resolve such grievances. Any step may be by-passed by mutual consent of the parties.
4. A grievance shall, whenever possible, be discussed and his settled informally between the grievant and the appropriate supervisor. The grievant may be assisted at the grievant's request by the Union.
5. Notwithstanding any provision herein, the limitation on time set forth in Step I through Step III, inclusive, shall be extended for periods of ten (10) days in the interest of the employee or employer upon presentation of a reasonable explanation for said delay.
6. No grievance, allegation, or charges by the employer or Union other than those presented in the initial step shall be considered at any subsequent step.
7. All references herein to prescribed periods of ten (10) days or less shall be construed as working days. All communications shall be deemed to have been performed at the time certified if mailed, or time of receipt if personally delivered. Notwithstanding the above, the employer and Union or employee individually, where unassisted by the Union, may mutually agree to waive any procedural or timeliness requirements set forth herein.
8. All references herein to the grievant shall include his/her representative, if represented. Any employee with a grievance shall submit the grievance verbally to the appropriate supervisor as soon as practicable but in any event within ninety-six (96) hours of the date of occurrence, and the appropriate supervisor shall use his/her best efforts to settle the dispute. The appropriate supervisor's decision shall be submitted verbally to the grievant within forty-eight (48) hours of receipt of the grievance. In the event the appropriate supervisor is not available, the grievant may serve notice of his/her intent to grieve with his/her immediate supervisor who will make written notification to resolve problems through free and informal communications. If, howeverthe Chief of Police If the grievance is not satisfactorily settled at Step I, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a grievance grievant shall submit the grievance in writing to the employee's immediate on-duty supervisor head of the rank of sergeant or higherDepartment within ten (10) days, specifically indicating that and he/she shall use his/her best efforts to settle the matter is a grievance under this Agreementdispute. The grievance shall contain a complete statement of facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employeeDepartment Head's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven (7) calendar days after the grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it decision shall be submitted in writing to the Deputy Police Chief grievant within seven five (75) calendar days after of receipt of the City's answer at Step 1grievance. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not satisfactorily settled at Step 2 and II, the employee wishes to appeal grievant shall submit the grievance in writing within ten (10) days to Step 3 of the grievance procedureTown Manager. Within ten (10) days after receiving such grievance, it the Town Manager shall be submitted render his/her decision in writing to the Police Chief within seven (7) calendar days after receipt of grievant. If there is a temporary Acting Town Manager and the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous Town Manager is unavailable, this step in the grievance procedure. Preparation of these written materials shall not be done during utilized until the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative return of the Union at Town Manager. During a time mutually agreeable to the parties. If no settlement period of vacancy or suspension of the grievance is reachedoffice of the Manager, however, the Police Chief, or the Police Chief's designee, duly appointed Acting Manager shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meetingnot be prevented from acting upon any such grievance.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee employee who has a grievance shall submit the grievance in writing to the employee's immediate onnon-duty bargaining unit supervisor of the rank of sergeant (usually his department head) or higherhis designee, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven fifteen (715) calendar business days from the event date of the first occurrence of the matter giving rise to the grievance or within seven fifteen (715) calendar business days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant within seven five (75) calendar business days after the grievance is presented. The supervisor’s written response shall provide a space for the employee or the employee’s representative to indicate the desire to appeal the grievance to Step 2 of the grievance procedure. A copy of the written response with the signed appeal notice shall be returned to the supervisor within five (5) business days after receipt of the supervisor’s written response.
STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it the supervisor shall be submitted in writing immediately forward the signed appeal notice to the Deputy Police Chief within seven (7) calendar days after receipt of the City's answer at Step 1City Manager. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Deputy Police Chief City Manager, or his designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss shall, within fifteen (15) days of the grievance within seven (7) calendar days date of the signed appeal notice, arrange a meeting with the grievant and an authorized representative of the Union at a time mutually agreeable to the partiesparties in an attempt to resolve the issue. If no settlement of the grievance is reached, the Deputy Police Chief, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's answer at Step 2. The grievance shall specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police ChiefCity Manager, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or the Police Chief's his designee, shall provide a written answer to the grievant and the Union within seven fifteen (715) calendar business days following their meeting.
STEP 4: If the grievance is not settled at Step 3 and the Union desires to appeal, it shall be referred by the Union in writing to the City Manager within seven (7) calendar days after receipt of the City's answer at Step 3. Thereafter, the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union representative (not to exceed three (3)) within seven (7) calendar days of receipt of the Union's appeal. If no agreement is reached, the City Manager or the City Manager's designee shall submit a written answer to the grievant and Union within seven (7) calendar days following the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement