Second Level of Review Clause Samples

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance on said form upon his/her General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designee, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, as shall be determined by the head of the department involved. The General Manager/Commission or their designee will afford the parties an opportunity to present oral and/or written arguments on the merits of the grievance and shall render to the grievant and his/her representative, if any, a written decision within 120 calendar days of such notice being served.

Second Level of Review. In the event the grievant is not satisfied with the decision at level 1, he/she may appeal the decision in written form to the Division Head within seven (7) calendar days from the receipt of the response from Level 1. This statement should include a copy of the original grievance, the decision rendered, and a clear concise statement of the reasons for the appeal. The Division Head shall communicate his/her decision within seven (7) calendar days after receiving the appeal. Either grievant or the Division Head may request a personal conference within the above limits. If the Division Head does not respond within the time limits, the grievant may appeal to the next level.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. If the grievance is not resolved at Step 3, the Union or Management representative may, within ten (10) calendar days following receipt of Management's response at Step 3, request that the grievance be submitted to a mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or union representative within the above-prescribed time limits. The personnel officer or union representative shall, within ten (10) calendar days following receipt of the mediation request, return the request to the Union or Management representative with a denial or an agreement that the parties jointly request the Employee Relations Board (▇▇▇) to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reports shall not be used, the rules of evidence shall not apply, and no record shall be made. The mediator shall determine whether witnesses are necessary. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance is not resolved in mediation, the...

Second Level of Review. If the grievance is denied, or if the administrator fails to render a timely decision, the grievant may proceed to the second level of review. To do so the grievant must file a request for a second level review within five (5) working days following the date of the decision at the first level or the date on which that decision was due, whichever is earlier. The request must be filed with the second level administrator, with copies to the Director of Human Resources and CSEA Chapter 96.

Second Level of Review. If the grievance is not settled at Step 1, the grievant may file an appeal with the Labor Relations Office on the form provided by the Department within fourteen (14) calendar days of receipt of the Step 1 grievance response or the expiration of time limits if no response is received. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, the person designated by Management to review the grievance at Step 2 shall meet with the grievant within twenty-one (21) calendar days of the date of service. A written decision shall be rendered to the grievant within twenty-eight (28) calendar days of the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process the grievance to the third level of review, within the time limits prescribed in Step 3. If the grievance is not settled at Step 2, then the grievant may file an appeal with the Labor Relations Office on the form provided by the Department within fourteen (14) calendar days following receipt of the grievance response or expiration of time limits if no response is received at Step 2. Upon request, the time limits will be automatically extended to twenty-one (21) calendar days. Failure of the grievant to serve such written notice or make such request shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or a designated representative within twenty- one (21) calendar days from the date of such notice. Upon request, the time limits will automatically be extended to thirty-five (35) calendar days. The General Manager or the designated representative will afford the party(s) an opportunity to present oral and/or written arguments on the merits of the grievance. The General Manager or the designated representative shall render to the grievant, a written decision within twenty- one (21) calendar days from the date said arguments were submitted. Upon request, the time limits will automatically be extended to thirty-five (35) calendar days.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form (F-226B) to the Department Management Representative, who shall forward it to the appropriate officer designated to review the grievance at Step 3. Said notice must be served within fifteen (15) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said Chief Officer shall meet with the grievant, and his/her representative, if any, within fifteen (15) calendar days from the date of service. A written decision or statement of the facts and issues shall be rendered within fifteen (15) calendar days (excluding weekends and holidays) from the date of the grievance meeting. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review.

Second Level of Review. 5. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form upon the management designee to review the grievance at Step 3 within seven calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. 6. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within 15 calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at Step 4.

Second Level of Review. 14.7.1 If the Chief of Police denies the grievance, or fails to render a timely decision, the member may proceed to the second level of review by filing a request for a second level review within ten working days of the denial with the Director of Human Resources. 14.7.2 Upon receipt of a request for a second level review, the Director of Human Resources may hold a conference with the member, the Union representative and the Chief of Police who may express their arguments regarding the grievance and submit any relevant information. 14.7.3 Within ten working days following the receipt of the request for a second level review, the Director of Human Resources shall render a written decision including the reasons therefore. Copies of the decision shall be provided to the member, the Chief of Police and POA.

Second Level of Review. Within seven (7) business days from his/her receipt of the immediate supervisor’s written decision, and using the returned original copy of the grievance form, the employee may appeal the supervisor’s decision to the City Manager, using the original copy of the grievance form. Within ten (10) business days from receipt of the employees’ grievance, the City Manager or his/her designee who has not been involved in the grievance in the prior two