Common use of Second Level of Review Clause in Contracts

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 mediator may be requested to provide an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions by the parties in mediation, shall not be used during any subsequent arbitration.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said a form provided by the department, office or bureau 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 the 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 the grievance at the next level of review. If the grievance is not resolved settled at Step 3, the Union grievant may serve written notice of the grievance on said form upon the 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 a designee, or in the case of the 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. Said person shall meet with the grievant and a written decision or statement of facts and issues shall be rendered to the grievant and the representative, if any, within one hundred and twenty (120) calendar days from the date of service. Failure of Management representative mayto respond within such time limit shall entitle the grievant to process the grievance at Step 5 (Mediation) and/or Step 6 (Arbitration). If the grievance is not settled at Step 4, within ten (10) calendar days following receipt of Management's receiving the Step 4 response at Step 3, the Association and Management may mutually agree to request that mediation. Either 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 Association or Management representative with a denial or an agreement that the parties jointly request will notify the Employee Relations Board (▇▇▇) to appoint a mediatorof such request by letter. The Executive Director of the Employee Relations Board shall first attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State The fees, if any, of such 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 equally, by Union the Association and Management. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reports reporters shall not be usedallowed to be present, the rules of evidence shall not apply, apply and no record shall be made. The mediator shall determine whether witnesses are necessarynecessary in the conduct of the proceedings. 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 settlement is not resolved in mediationpossible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including along with a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions anything said by the parties in during mediation, shall not be used during any subsequent arbitration. Notwithstanding the above and Section 4.865 of the Employee Relations Ordinance, the parties may, upon mutual agreement, agree to accept the opinion of the mediator as binding, in lieu of arbitration. If the written decision at Step 4 does not settle the grievance, or if Step 5 is waived or does not settle the grievance, the grievant and the Association jointly may serve upon the head of the department, office or bureau a written notice that a written request for arbitration has been filed with the Employee Relations Board. The request for arbitration must be filed with the Employee Relations Board within fifteen (15) calendar days following the date of service of the written decision of the General Manager/Commission or their designee at Step 4, or the date of the mediator’s opinion in Step 5. Failure of the grievant and the Association jointly to serve a written request for arbitration with the Employee Relations Board within said period shall constitute a waiver of the grievance. If such written notice is served, the parties shall meet for the purpose of selecting an arbitrator from a list of seven (7) arbitrators furnished by the Employee Relations Board, within seven (7) calendar days following receipt of said list.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said a form provided by the department, office or bureau 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 the 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 the grievance at the next level of review. If the grievance is not resolved settled at Step 3, the Union grievant may serve written notice of the grievance on said form upon the 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 a designee, or in the case of the 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. Said person shall meet with the grievant and a written decision or statement of facts and issues shall be rendered to the grievant and the representative, if any, within one hundred and twenty (120) calendar days from the date of service. Failure of Management representative mayto respond within such time limit shall entitle the grievant to process the grievance at Step 5 (Mediation) and/or Step 6 (Arbitration). If the grievance is not settled at Step 4, within ten (10) calendar days following receipt of Management's receiving the Step 4 response at Step 3, the Association and Management may mutually agree to request that mediation. Either 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 Association or Management representative with a denial or an agreement that the parties jointly request will notify the Employee Relations Board (▇▇▇) to appoint a mediatorof such request by letter. The Executive Director of the Employee Relations Board shall first attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State The fees, if any, of such 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 the Association and Management. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reports reporters shall not be usedallowed to be present, the rules of evidence shall not apply, apply and no record shall be made. The mediator shall determine whether witnesses are necessarynecessary in the conduct of the proceedings. 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 settlement is not resolved in mediationpossible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including along with a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions anything said by the parties in during mediation, shall not be used during any subsequent arbitration. Notwithstanding the above and Section 4.865 of the Employee Relations Ordinance, the parties may, upon mutual agreement, agree to accept the opinion of the mediator as binding, in lieu of arbitration. If the written decision at Step 4 does not settle the grievance, or if Step 5 is waived or does not settle the grievance, the grievant and the Association jointly may serve upon the head of the department, office or bureau a written notice that a written request for arbitration has been filed with the Employee Relations Board. The request for arbitration must be filed with the Employee Relations Board within fifteen (15) calendar days following the date of service of the written decision of the General Manager/Commission or their designee at Step 4, or the date of the mediator’s opinion in Step 5. Failure of the grievant and the Association jointly to serve a written request for arbitration with the Employee Relations Board within said period shall constitute a waiver of the grievance. If such written notice is served, the parties shall meet for the purpose of selecting an arbitrator from a list of seven (7) arbitrators furnished by the Employee Relations Board, within seven (7) calendar days following receipt of said list.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said a form provided by the department, office or bureau upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the grievance response at Step 2 grievance response2. 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 the 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 the grievance at the next level of review. If the grievance is not resolved settled at Step 3, the Union grievant may serve written notice of the grievance on said form provided by the department, office or bureau upon his/her General Manager or designee within seven (7) calendar days of receipt of the grievance response at Step 3. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or a designee, or in the case of the 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. Said person shall meet with the grievant and a written decision or statement of facts and issues shall be rendered to the grievant and the representative, if any, within one-hundred- and-twenty (120) calendar days from the date of service. Failure of Management representative may, to respond within such time limit shall entitle the grievant to process the grievance at Step 5 (Mediation) and/or Step 6 (Arbitration). If the grievance is not settled at Step 4 within ten (10) calendar days following receipt of Management's receiving the Step 4 response at Step 3, the Association and Management may mutually agree to request that mediation. Either 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 Association or Management representative with a denial or an agreement that the parties jointly request will notify the Employee Relations Board (▇▇▇) to appoint a mediatorof such request by letter. The Executive Director of the Employee Relations Board shall first attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State The fees, if any, of such 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 the Association and Management. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reports reporters shall not be usedallowed to be present, the rules of evidence shall not apply, apply and no record shall be made. The mediator shall determine whether witnesses are necessarynecessary in the conduct of the proceedings. 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 settlement is not resolved in mediationpossible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including along with a brief statement of the reasons for the opinion. Such opinion, opinion as well as confidential discussions anything said by the parties in mediation, during mediation shall not be used during any subsequent arbitration. Notwithstanding the above, and Section 4.865 of the Employee Relations Ordinance, the parties may, upon mutual agreement, agree to accept the opinion of the mediator as binding, in lieu of arbitration. If the written decision at Step 4 does not settle the grievance, or if Step 5 is waived or does not settle the grievance, the grievant and the Association jointly may serve upon the head of the department, office or bureau a written notice that a written request for arbitration has been filed with the Employee Relations Board. The request for arbitration must be filed with the Employee Relations Board within fifteen (15) calendar days following the date of service of the written decision of the General Manager/Commission or their designee, at Step 4, or the date of the mediator’s opinion in Step 5. Failure of the grievant and the Association jointly to serve a written request for arbitration with the Employee Relations Board within said period shall constitute a waiver of the grievance. If such written notice is served, the parties shall meet for the purpose of selecting an arbitrator from a list of seven (7) arbitrators furnished by the Employee Relations Board, within seven (7) calendar days following receipt of said list.