Step 2 (Formal) Clause Samples

The 'Step 2 (Formal)' clause outlines the formal stage in a multi-step process, typically within a dispute resolution or procedural framework. At this stage, parties are usually required to submit their concerns or claims in writing, often triggering a more structured review or negotiation process, such as escalation to senior management or formal mediation. This clause ensures that informal attempts to resolve issues are followed by a documented, official process, providing a clear record and structured opportunity for resolution before further escalation.
Step 2 (Formal). If the alleged grievance is not resolved to the satisfaction of the grievant in Step 1, a formal grievance, in writing, may be submitted to the employee's immediate supervisor within five (5) work days from the informal response. The statement must be complete, including but not limited to full employee name, all facts giving rise to the grievance, the date of occurrence, the date of informal discussion, the date of oral response, and shall state and identify the appropriate reference of all provisions and sections of this agreement alleged to be violated. The employee shall indicate the specific relief or action requested. Within five (5) work days after receiving the formal grievance, the immediate supervisor shall answer in writing to the grievant.
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Step 2 (Formal). If the grievance has not been avoided and/or the dispute resolved by the operation of Step 1 and the Union wishes to file a formal grievance, the Union representative, shall file a written grievance with the affected department head or with his/her designee. The grievance must be filed within twenty-one
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Step 2 (Formal) a) A formal complaint shall be submitted concurrently in writing, to the Executive Director, and to the Union Chairperson. b) Upon receipt of the signed written complaint, the Executive Director shall (i) determine whether the alleged harasser or complainant should be removed and/or reassigned from the immediate workplace; (ii) advise the alleged harasser of the full details and scope of the complaint, name of accuser; and (iii) set up a board within five (5) calendar days to investigate the complaint. The Board shall consist of one (1) union representative, one (1) management representative and an independent chairperson. The Chairperson is to be selected by rotation from an agreed to list for the Institute as established by negotiations or may be a different person who is mutually agreed to. (No representative on the board shall be from the work unit where the incident is alleged to have occurred.) The parties to this Agreement may mutually agree to the board being established as a single chairperson. In this event, the board will be considered to be duly established and have the same authority as that of a three (3) person board. The parties will equally share the fees and expenses of the chairperson and other common expenses of the board. Common expenses of the board would normally include: meeting room expenses, photocopying, telephone, that may be incurred by the board. c) It is agreed that as a general principle the alleged harasser be the one removed from immediate assigned work area. However, in exceptional circumstances (factors such as the emotional and mental health of the complainant), the complainant may be removed. d) An opportunity for all parties affected to be heard, will be provided, in whatever manner is deemed appropriate by the board. e) A response containing a decision and recommendations will be submitted in writing within twenty (20) days to the Union Chairperson and Executive Director. This time limit may be extended by mutual agreement of the Union Chairperson and Executive Director. f) The three (3) person investigative board shall have jurisdiction to determine if there is harassment. If so, it shall recommend to the Employer appropriate action, up to and including counselling, permanent removal from the workplace or other remedial/disciplinary action. They shall also recommend a time frame for implementation. The board shall have the authority to determine whether a complaint is frivolous or vindictive and to recommend the app...
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Step 2 (Formal). If the grievance has not been avoided and/or the dispute resolved by the operation of Step 1 and the Union wishes to file a formal grievance, the employee's Union representative on behalf of the employee, shall file a written grievance which has been signed by the employee with the employee's department head or with his/her designee. The grievance must be filed within twenty-one (21) calendar days of the event which gave rise to the grievance or within twenty-one (21) calendar days of the time the employee reasonably should have knowledge of the occurrence of the event, whichever is later. At the time the grievance is served upon the employee's department head, the Union shall provide the Employer's Chief Human Resources Officer or his/her designee with an informational copy thereof. The department head shall respond in writing to the Union Representative with copies to the employee and the Employer's Chief Human Resources Officer or his/her designee within twenty-one (21) calendar days after receipt of the grievance.
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Step 2 (Formal). 1. If a satisfactory resolution is not reached at Step 1, the employee or the employee and the PEA representative or PEA President will forward the grievance in writing within fifteen (15) calendar days after receipt of the Step 1 decision, stating any objections to the Step 1 decision, to the Director, Labor Relations or designated representative, who shall receive the grievance on behalf of the Chief Operating Officer. The Chief Operating Officer’s designated representative shall, within fifteen (15) calendar days after receipt of the grievance, either: i. Satisfy the grievance, or: ▇▇. ▇▇▇▇ with the aggrieved employee or the employee and PEA representative /PEA President, if an employee initiated grievance; iii. Or with the PEA President and the Vice-President, if a PEA initiated grievance. The Chief Operating Officer’s designated representative shall render a written decision within fifteen (15) calendar days after the meeting.
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Related to Step 2 (Formal)

  • Step I 18.3.1.1 An employee may present the grievance orally either directly or through the Union representative to the immediate supervisor. The grievance must be presented within ten (10) working days following the event or events on which the grievance is based. The immediate supervisor shall make whatever investigation is necessary to obtain the facts pertaining to the grievance. Within ten (10) working days after receiving the oral grievance, the immediate supervisor shall give the employee an oral reply. 18.3.1.2 If the employee is not satisfied with the reply of his/her immediate supervisor, he/she may appeal the grievance to Step II.

  • STEP II If the grievance is not resolved at Step I then the Association may refer the grievance to the superintendent or the superintendent’s official designee within ten (10) days after receipt of the Step I answer. The superintendent shall arrange with the Association representative for a meeting to take place within five (5) days of the superintendent’s receipt of the appeal. Each party may include in its representation such witnesses and counselors as it deems necessary. Within five (5) days of the meeting, the Association shall be provided with the superintendent’s written response, including the reasons for the decision.

  • Step III 21.5.1 If the employee desires to appeal the grievance to Step III, the employee shall indicate in writing the reason for the appeal and present it along with the original written grievance to the Municipal Employee Relations Officer or designee within ten (10) working days following receipt of the written decision at Step II. 21.5.2 Within ten (10) working days after receipt of the appeal to Step III, the Municipal Employee Relations Officer or designee shall schedule a meeting with the employee, the appropriate Union representative, and the Department Director or designee to discuss the matter. A written decision shall be given to the employee or the appropriate Employee Organization representative within ten (10) working days following the meeting. 21.5.3 If the decision of the Municipal Employee Relations Officer or designee is unsatisfactory, the appropriate Employee Organization representative may appeal the grievance to Step IV - Arbitration.

  • Step 4 In the event the dispute is not resolved at Step 3 above, either party may serve upon the other and the COORDINATOR written notice by certified mail, within five (5) working days, requesting that the dispute be resolved by arbitration. If such a written notice is served, the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the arbitrator, at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing within a reasonable time, not to exceed ten (10) days after the conclusion of the hearing. The decision by the arbitrator shall be final and binding upon the parties; provided, however, that the arbitrator shall not have the authority to alter or amend the provisions of this AGREEMENT in any way. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties.

  • Step Four If the grievance is not settled at Step Three and the Association desires to appeal it to the Fourth Step, the Association must file a written request for binding arbitration with either the American Arbitration Association (AAA) or Michigan Arbitration & Mediation Association (MAMA) and must serve a written copy of such request upon the Superintendent, all within fifteen (15) working days after the Board's Step Three answer. AAA or MAMA shall appoint an arbitrator in accordance with their rules. 10.8.1 Any such binding arbitration proceeding shall be subject to all of the following terms and conditions: a. The recommendation(s) of the arbitrator shall be binding upon the Board and the Association. However, each party may have its legal remedies if the arbitrator exceeds the powers described in this Agreement. b. Not more than one (1) grievance shall be heard by any arbitrator at any one time unless the parties mutually agree otherwise. The arbitration hearing shall be held in Board offices; or at a mutually agreeable site. c. The arbitrator shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his powers are limited to interpreting this Agreement. d. The arbitrator shall not base his/her recommendation(s) on state or federal law, or interpret state or federal law or the Constitution, but must make recommendation(s) solely on the basis of the provisions of this Agreement. e. The arbitrator shall not recommend any alteration in any policies, rules and/or actions of the Board which are not specifically in violation of this Agreement. f. The arbitrator shall not recommend any monetary or financial adjustment or settlement of a grievance retroactively more than twenty five (25) working days before the date of filing the grievance, or the payroll period immediately preceding initiation of the grievance at the Informal Level, whichever is longer; and any claim for or recommendation of back wages shall be offset by any unemployment compensation paid, and by any compensation derived from any substitute employment or interim earnings (provided such earnings were not part of grievant's earnings prior to the incident precipitating the grievance), during the period for which back wages are sought. g. The arbitrator shall not recommend any punitive damages. h. The arbitrator shall have no power to recommend new salary schedules, or to recommend any monetary adjustment where there has been no wage loss. i. The costs or expenses of the arbitrator shall be borne by the party least supported by the arbitrator’s decision as determined by the arbitrator. Any costs or expenses individually incurred by the parties, however, including any transcript of an arbitration proceeding ordered by a party shall be borne by the party incurring the cost of expense. j. Any grievance which is not appealed to binding arbitration within the time limit hereinabove provided shall be considered adjusted and may not thereafter be so appealed. k. The arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide, except as they may be specifically limited by this agreement. l. Grievances which are not filed or appealed in the manner or within the time limits specified in the grievance procedure shall be considered to have been withdrawn or abandoned and shall not be resubmitted. If the Board fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure. m. It is understood and agreed, however, that the time limits specified in this grievance procedure may be extended by mutual agreement in writing between the aggrieved employee or Association and the Board. n. Notwithstanding any other provisions hereof, any individual employee may at any time present a grievance through Step Two on the employee's own behalf and have the grievance adjusted, without intervention by the Association, if the adjustment is not inconsistent with the terms of this agreement, provided the Association has been afforded an opportunity to be present at such adjustment. A copy of any adjusted grievance under this paragraph will be forwarded to the Association President. o. The decision of the arbitrator shall be final as to all parties and shall be enforceable through application of the Circuit Court for the County of Newaygo for enforcement. p. Students’ FERPA rights will be honored throughout the process. q. Any grounds or evidence not identified in the grievance procedure by written reference shall not be admitted at arbitration, except in the event that testimony provides newly discovered evidence, as the parties agree that the purpose of this procedure is to resolve all disputes at the earliest possible phase, and surprising the other party with new evidence or grounds at arbitration is contrary to that mutually recognized goal. r. The grievance and arbitration procedure shall not apply to: 1. The discharge, discipline, failure to re-employ or suspension of a probationary employee. 2. Any matter involving the content of an employee's written evaluation, unless specifically stated otherwise herein. 3. Any provision of this agreement which contains an express exclusion from this procedure. 4. Any matter prescribed by law over which the Board either has no power or discretion, provided the matter and/or its impact is not addressed specifically in this Agreement. However, alleged contract violations that arise from the contractual impact of such matters prescribed by law are fully arbitrable, except for the nonnegotiable impacts identified in PA 112. s. The following matters shall not be advanced to arbitration, though they may be processed through the grievance procedure: 1. Any matter or complaint for which there is recourse under state or federal statutes, (specifically EEOC, MDCR and OCR). 2. The content of any job description or posting, the qualifications or performance expectations required of any position. 3. Alleged procedural violations of Article 17 may advance to arbitration, but no evaluation shall be rescinded solely due to alleged procedural defects, unless such defects resulted in discipline or financial loss to the employee.