Rules for Grievance Processing Clause Samples
The "Rules for Grievance Processing" clause establishes the procedures and guidelines for addressing and resolving complaints or disputes within an organization or between contractual parties. Typically, it outlines the steps that must be followed when a grievance is raised, such as submitting a written complaint, timelines for responses, and the escalation process if the issue is not resolved at initial stages. By providing a clear and structured process, this clause ensures that grievances are handled fairly and efficiently, reducing misunderstandings and helping to maintain positive working relationships.
Rules for Grievance Processing. It is agreed -
(a) Time limits at any stage of the grievance procedure may be extended only by written mutual agreement of the parties involved at that step.
(b) A grievance presented at Step II and above shall be dated and signed by the aggrieved employee presenting it. Any written decision shall be rendered to the aggrieved employee and shall be dated and signed by the Public Employer's representative at that step.
(c) When a written grievance is presented, the Public Employer's representative shall acknowledge receipt of it and the date thereof in writing.
(d) A grievance not advanced to the higher step by the party filing the grievance within the time limit provided shall be deemed permanently withdrawn and as having been settled on the basis of the decision most recently given. Failure on the part of the Public Employer's representative to answer within the time limit set forth in any step will entitle the employee to proceed to the next step.
(e) In computing time limits under this Article, Saturdays, Sundays and holidays shall not be counted.
(f) When a grievance is reduced to writing there shall be set forth in the space provided on the grievance form provided by the Public Employer all of the following:
1. A complete statement of the grievance and facts upon which it is based;
2. The specific section or sections of this Agreement claimed to have been violated; and
3. The remedy or correction requested.
(g) In settlement of any grievance resulting in retroactive adjustment, such adjustment shall be limited to five (5) calendar days prior to the date of the filing of the grievance.
(h) The parties shall share the fees and expenses of the arbitration. Each side will pay its own representatives and witnesses. Either side desiring a transcript will pay for it; however, any per diem charge of the court reporter shall be borne by the party requesting said reporter.
Rules for Grievance Processing. A. Time limits at any stage of the grievance procedure may be extended by written mutual agreement of the parties involved at that step.
B. When a written grievance is presented, the Employer's representative shall acknowledge receipt and the date thereof in writing.
C. A grievance not advanced to the next step within the time limit provided shall be deemed withdrawn and settled on the basis of the decision most recently given. Failure on the part of the Employer's representative to answer within the time limit set forth at any step will entitle the employee to proceed to the next step.
D. In computing time limits under this article, Saturdays, Sundays, and holidays shall not be counted.
E. When the settlement of any grievance includes a retroactive adjustment, such adjustment shall be limited to sixty (60) calendar days prior to the date of the filing of the grievance.
F. Nothing herein shall prohibit the Employer and the F.O.P. from mutually agreeing to waive any or all steps in the grievance procedure in order to expedite the processing of a grievance.
G. Nothing herein shall require the F.O.P. to process the grievance of a non-member.
H. The resolution of a grievance prior to an arbitration award shall not establish a precedent binding on either the Employer or the F.O.P. in other cases.
I. A class action grievance may be filed by the F.O.P. on behalf of two (2) or more bargaining unit members. A class action grievance shall be initiated at Step III of the procedure.
J. No disciplinary grievance may be overturned by a supervisor or other commanding officer below the level at which the grievable decision was made.
Rules for Grievance Processing. 3 It is agreed:
4 (A) A grievance must be brought forward to the informal step within 5 seven (7) days after the occurrence of the event giving rise to the 6 grievance or within seven (7) days after the employee, through use 7 of reasonable diligence, should have obtained knowledge of the 8 occurrence of the event giving rise to the grievance or within seven 9 (7) days after the manager’s response.
Rules for Grievance Processing. 4 It is agreed:
5 A. A grievance must be brought forward within ten (10) days after the 6 employee, through use of reasonable diligence, should have obtained 7 knowledge of the occurrence of the event giving rise to the grievance.
8 B. Time limit at any stage of the grievance procedure may be extended by 9 the written mutual agreement of the parties involved at that step.
10 C. A grievance not advanced to the higher step within the time limit provided 11 shall be deemed permanently withdrawn and as having been settled on 12 the basis of the decision most recently given. Failure on the part of the 13 Employer's representative to answer within the time limit set forth in any 14 step will entitle the employee to proceed to the next step.
15 D. In computing time limits under this Article, Fridays (Step Three only), 16 Saturdays, Sundays and City-designated Holidays shall not be counted 17 except where it is specified by calendar days.
18 E. In settlement of any grievance resulting in retroactive adjustment, such 19 adjustment shall be limited to ten (10) days prior to the date of the filing of 20 the grievance except in the case where the compensation of an employee 21 is set or computed in error, then guidelines established in the City 22 Manager’s Administrative Procedure No. 2A, in effect on 9/13/04, will be 23 followed.
24 F. When a grievance is reduced to writing, there shall be set forth in the 25 space provided on the grievance form provided by the Employer, all of the 26 following: 27 (1) A complete statement of the grievance and facts upon which it is 28 based;
Rules for Grievance Processing. 9 It is agreed:
10 (A) A grievance must be brought forward within seven (7) days 11 after the occurrence of the event giving rise to the grievance 12 or within seven (7) days after the employee through the use of 13 reasonable diligence, should have obtained knowledge of the 14 occurrence of the event giving rise to the grievance or within 15 seven (7) days after the immediate supervisor's response in 16 the Problem and Complaint Resolution procedure as set forth 17 in Article 7 of this Agreement, but in no event more than thirty 18 (30) days after the occurrence of the event giving rise to the 19 grievance.
Rules for Grievance Processing. 16 It is agreed:
17 A. A grievance must be brought forward within ten (10) days after the employee, 18 through use of reasonable diligence, should have obtained knowledge of the 19 occurrence of the event giving rise to the grievance.
20 B. Time limits at any stage of the grievance procedure may be extended by the 21 written mutual agreement of the parties involved at that step.
22 C. A grievance not advanced to the higher step within the time limit provided shall 23 be deemed permanently withdrawn and as having been settled on the basis of 24 the decision most recently given. Failure on the part of the Employer’s 25 representative to answer within the time limit set forth in any step will entitle the 26 employee to proceed to the next step.
Rules for Grievance Processing. A. An employee covered may elect to pursue his/her grievance either through the Civil Service Board grievance procedure or through the grievance procedure provided for in this Agreement. However, once a grievance is filed under either procedure, the grievance may not be changed from one grievance procedure to another. A grievance must be presented within ten (10) business days after the occurrence of the event giving rise to the grievance or within ten
Rules for Grievance Processing. A. The aggrieved employee must bring forth the grievance as soon as he/she knows or should have known about the act or condition on which the grievance is based.
B. Receipt of a written grievance shall be acknowledged in writing, including by e-mail, including the date it was received.
C. A written grievance must include the following information in the designated space on the grievance form. 1 A complete statement of the grievance and facts upon which it is based including the date of the action complained of.
Rules for Grievance Processing. A. Time limits of any stage of the grievance procedure may only be extended by written mutual agreement of the parties at that Step.
B. The grievance not filed or advanced by the grievant within the time limits provided, shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently received. Failure on the part of the Employer's representative to answer within the time limits set forth in any step will entitle the employee to proceed to the next step.
C. A grievance shall be presented in writing and shall include a statement of the grievance, when the grievance occurred, the facts upon which it is based, and a statement of which rights and contract provisions the individual claims have been violated and the remedy or correction requested.
D. Upon mutual agreement of both parties, and if the conditions warrant such action, the grievant may bypass Step 1 of the procedure and grieve directly to the Director and the Montana Historical Society.
E. The term "Supervisor", when used in this Article, shall mean: The first person in the employee's chain in command, but not in the bargaining unit, that exercises supervisory control and authority over that employee and the duties/responsibilities of the employee's position.
F. The term "Federation Representative", when used in this Article, shall mean: Any Federation designee' upon whom the President of the Union has conferred the authority to act for the Federation or the State Federation Representative.
G. The Federation representative shall have the right to participate in any meeting of the Employer and the grieving employee(s) which is invoked in accordance with the provisions of this grievance procedure.
H. The Federation shall have the right to grieve the adoption of any rule, regulation, or policy which violates any specific provision of this Agreement.
Rules for Grievance Processing. A. The written Grievance, shall at a minimum, contain the following: the specific article(s) and section(s) alleged to have been violated, the date of the alleged violation, the signature of UNIT member or UNION representative submitting the Grievance, the date on which the Grievance is submitted, and the requested
B. Failure on the part of UNIT member or UNION to proceed or respond within the time limit for any step shall cause the matter to be barred. Failure on the part of COUNTY to respond within the time limit set forth at any step automatically moves the Grievance to the next step. A time limit, at any stage of the Grievance procedure, may be extended by written mutual agreement of COUNTY and UNION.
C. Grievance investigations or meetings are held during COUNTY’s administrative business hours and when the grievant is on duty, whenever practicable. UNION or COUNTY may call for a conference meeting at any step of the Grievance procedure. COUNTY will grant necessary and reasonable time off without loss of pay to the grievant, required witnesses, and a UNION representative, if requested by the grievant. For any scheduled Grievance meetings, UNION representatives may be granted time off in accordance with Article 9 of this Agreement. UNION and COUNTY shall mutually agree on the time and place of the Grievance meeting.
D. The duties of the UNION’s representative shall not interfere with the orderly operation of COUNTY. Nothing in this Agreement shall be construed to prevent any UNIT member from presenting an individual Grievance at any time within the time constraints prescribed in Section 12.4. Upon receipt of a Grievance from a UNIT member, COUNTY will provide UNION with an electronic copy of the submitted Grievance. COUNTY will provide UNION with an electronic notice of the progression and resolution of the Grievance. UNION may observe, without intervention, any meetings held by COUNTY with Grievant upon approval of Grievant.