Steps in the Grievance Procedure. Step 1. The aggrieved employee or group of employees must present the grievance to his/her immediate supervisor in writing within seven (7) actual working days of the occurrence of the act or acts about which there is a complaint. The aggrieved employee has the right to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at the meeting if he/she so requests. The manager and/or immediate supervisor shall hold a meeting within five (5) actual working days after the grievance is presented to him/her in writing. The manager/supervisor shall reply to the employee within five (5) actual working days from the termination of the meeting. If an employee does not agree with the response or does not receive a reply to his/her written grievance within five (5) working days, unless the time limits are mutually waived, his/her grievance may be taken to Step 2 of the grievance procedure. A Step 2 grievance must be filed within five (5) working days after the employee receives his/her reply or should have received his/her reply. Group grievances, in this Step, shall be presented in the first instance to the lowest ranking supervisor common to all employees in the group. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used. Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer the grievance to the department head or the designated representative within the department, within five (5) working days following receipt of the answer from the first step or five (5) working days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of the copies of the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing on the grievance within five (5) working days of receipt of the grievance. The Union may request that a representative from a neutral division or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer shall reply to the employee within five (5) actual working days from the termination of the meeting. If the employee does not receive a satisfactory reply to his/her written grievance within five (5) working days, or if the employee receives no reply to his/her written grievance at the end of the five (5) working days, his/her grievance may be taken to Step 3 of the grievance procedure within five (5) working days after the date the reply was or should have been received. Step 3. If a grievance is not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Director or his/her nominee, for the resolution of the grievance. The Union shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Director, or his/her nominee, shall hold a meeting with regard to the grievance within five (5) working days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, or his/her nominee, shall reply to the employee in writing within ten (10) actual working days from the termination of the meeting.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Steps in the Grievance Procedure. Step 1. The aggrieved employee or group of employees must present the grievance to his/her immediate supervisor in writing within seven (7) actual working days of the occurrence of the act or acts about which there is a complaint. The aggrieved employee has the right to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at the meeting if he/she so requests. The manager and/or immediate supervisor shall hold a meeting within five seven (57) actual working days after the grievance is presented to him/her in writing. The manager/supervisor shall reply to the employee within five seven (57) actual working days from the termination of the meeting. If an employee does not agree with the response or does not receive a reply to his/her written grievance within five seven (57) working days, unless the time limits are mutually waived, his/her grievance may be taken to Step 2 of the grievance procedure. A Step 2 grievance must be filed within five seven (57) working days after the employee receives his/her reply or should have received his/her reply. Group grievances, in this Step, shall be presented in the first instance to the lowest ranking supervisor common to all employees in the group. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used.
Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer the grievance to the department head or the designated representative within the department, within five seven (57) working days following receipt of the answer from the first step or five seven (57) working days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of the copies of the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing on the grievance within five seven (57) working days of receipt of the grievance. The Union may request that a representative from a neutral division or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer shall reply to the employee within five seven (57) actual working days from the termination of the meeting. If the employee does not receive a satisfactory reply to his/her written grievance within five seven (57) working days, or if the employee receives no reply to his/her written grievance at the end of the five seven (57) working days, his/her grievance may be taken to Step 3 of the grievance procedure within five seven (57) working days after the date the reply was or should have been received.
Step 3. If a grievance is not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Director or his/her nominee, for the resolution of the grievance. The Union shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Director, or his/her nominee, shall hold a meeting with regard to the grievance within five seven (57) working days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, or his/her nominee, shall reply to the employee in writing within ten (10) actual working days from the termination of the meeting.
Step 4. If the grievance is not settled at Step 3, either party may request an additional meeting including the parties’ legal counsel in an effort to reach resolution within fifteen (15) working days after receipt of the County Human Resources Director or their nominee’s answer in Step 3 or the use of FMCS or SERB at no cost to either party.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Steps in the Grievance Procedure. Step 1. The aggrieved employee or group of employees must present the grievance to his/her immediate supervisor in writing within seven ten (710) actual working calendar days of the occurrence of the act or acts about which there is a complaint. The aggrieved employee has the right to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at the meeting if he/she so requests. The manager and/or immediate supervisor shall hold a meeting within five seven (57) actual working calendar days after the grievance is presented to him/her in writing. The manager/supervisor shall reply to the employee within five seven (57) actual working calendar days from the termination of the meeting. If an employee does not agree with the response or does not receive a reply to his/her written grievance within five seven (57) working days, calendar days unless the time limits are mutually waived, his/her grievance may be taken to Step 2 of the grievance procedure. A Step 2 grievance must be filed within five seven (57) working calendar days after the employee receives his/her reply or should have received his/her reply. Group grievances, in this Step, shall be presented in the first instance to the lowest ranking supervisor common to all employees in the group. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used.
Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer the grievance to the department head or the designated representative second step hearing officer within the department, within five seven (57) working calendar days following receipt of the answer from the first step or five seven (57) working calendar days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of the copies of the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing on the grievance within five seven (57) working calendar days of receipt of the grievance. The Union may request that a representative from a neutral division or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer head/designee shall reply to the employee within five seven (57) actual working calendar days from the termination of the meeting. If the employee does not receive a satisfactory reply to his/her written grievance within five seven (57) working calendar days, or if the employee receives no reply to his/her written grievance at the end of the five seven (57) working calendar days, his/her grievance may be taken to Step 3 of the grievance procedure within five seven (57) working calendar days after the date the reply was or should have been received.
Step 3. If a grievance is not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Director or his/her nominee, for the resolution of the grievance. The Union shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Director, or his/her nominee, shall hold a meeting with regard to the grievance within five seven (57) working calendar days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The County Human Resources Director, or his/her nominee, shall reply to the employee in writing within ten fourteen (1014) actual working calendar days from the termination of the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Steps in the Grievance Procedure. Step 11 Within fourteen (14) days of the act or condition upon which the grievance is based, the grievant will discuss it first with his supervisor in an attempt to resolve the matter informally at that level. The aggrieved employee grievant shall provide advance notice to the supervisor that the discussion is an informal grievance. In all cases the Superintendent or group designee in charge of employees must coordinating the bargaining unit staff will be included in any grievance discussion with the supervisor. Those bargaining unit members not directly under a principal will present the their grievance to his/her immediate the supervisor in writing for classified personnel of that classification.
Step 2 If, as a result of the discussion, the matter is not resolved to the satisfaction of the grievant, within seven (7) actual working days she or he will set forth his or her complaint in writing to the supervisor. The supervisor will communicate his decision to the grievant, in writing, within seven (7) days of the occurrence receipt of the act written complaint.
Step 3 If the OAPSE Grievance Committee determines that the grievance has, or acts about may have, merit it will recommend that the grievance be heard by the Superintendent.
Step 4 The appeal to the Superintendent shall be made with the recommendation of the OAPSE Grievance Committee, in writing, within seven (7) days of Step 2. It should set forth the ground upon which there is a complaint. The aggrieved employee has the right to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at the meeting if he/she so requests. The manager and/or immediate supervisor shall hold a meeting within five (5) actual working days after the grievance is presented to him/her in writingbased. The manager/supervisor shall reply to the employee within five (5) actual working days from the termination of the meeting. If an employee does not agree with the response or does not receive Superintendent will request a reply to his/her written grievance within five (5) working days, unless the time limits are mutually waived, his/her grievance may be taken to Step 2 of the grievance procedure. A Step 2 grievance must be filed within five (5) working days after the employee receives his/her reply or should have received his/her reply. Group grievances, in this Step, shall be presented in the first instance to the lowest ranking supervisor common to all employees in the group. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used.
Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer the grievance to the department head or the designated representative within the department, within five (5) working days following receipt of the answer from the first step or five (5) working days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of the copies of the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing report on the grievance from the supervisor, will confer with the concerned parties and upon request, will confer with the grievant and/or supervisor separately. The Superintendent will communicate his decision, in writing, along with supporting reasons, to the grievant and the supervisor within five seven (57) working days of receipt of the grievance. The Union may request that a representative from a neutral division or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer shall reply to the employee within five (5) actual working days from the termination of the meeting. If the employee does not receive a satisfactory reply to his/her written grievance within five (5) working days, or if the employee receives no reply to his/her written grievance at the end of the five (5) working days, his/her grievance may be taken to Step 3 of the grievance procedure within five (5) working days after the date the reply was or should have been received.
Step 3. 5 If a the grievance is not settled at Step 2, files relating resolved to the OAPSE Grievance Committee’s satisfaction, they may request a review by the Board within seven (7) days of the Superintendent’s decision. The request will be submitted, in writing, to the Superintendent, who will attach all related papers and forward the request to the Board. The Board, or a committee thereof, will review the grievance, hold a hearing with the grievant and/ his or her representative, if requested, and render a decision, in writing, within thirty (30) calendar days.
Step 6 Any grievance not resolved to the satisfaction of the grievant and OAPSE Grievance Committee, after review by the Board, will be submitted to the Federal Mediation and Conciliation Service (FMCS) by the OAPSE Staff Representative and a representative of the Board. The parties will request from FMCS, a panel of seven (7) arbitrators from which the Board and Union will alternately strike names. If either party is not satisfied with the remaining arbitrator, either party may request a second and final panel of seven (7) arbitrators. All costs incurred by the arbitrator shall be forwarded to borne by the County Human Resources Director or his/her nominee, for losing party who shall be clearly identified in the resolution decision. The decision of the grievance. The Union shall forward the grievance FMCS Arbitrator will be final and copies of the reply thereto, if any. The County Human Resources Director, or his/her nominee, shall hold a meeting with regard to the grievance within five (5) working days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, or his/her nominee, shall reply to the employee in writing within ten (10) actual working days from the termination of the meetingbinding on both parties.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Steps in the Grievance Procedure. Step 1. The aggrieved employee or group of employees must present the grievance to his/her immediate supervisor Manager of Nursing or designee in writing writing, in person or electronically within seven ten (710) actual working calendar days of when the occurrence grievant knew or should have known of the act or acts about which there is a complaint. The aggrieved employee has the right to have a ▇▇▇▇▇▇▇ and/or delegate, staff representative representative, or Member Resource Center Representative in attendance at the meeting if heshe/she he so requests. The manager and/or immediate supervisor Manager of Nursing or designee shall hold a meeting reply to the grievant within five seven (57) actual working calendar days after the grievance is presented to him/her in writing. The manager/supervisor shall reply to the employee within five (5) actual working days from the termination of the meeting, in person or electronically. If an employee does not agree with the response or does not receive a reply to his/her written or electronic grievance within five seven (57) working calendar days, unless the time limits are mutually waived, his/her grievance may be taken to Step 2 of the grievance procedure. A Step 2 grievance must be filed within five seven (57) working calendar days after the employee receives his/her reply or should have received his/her reply. Group Class action grievances, in this Step, shall be presented in the first instance to the lowest ranking supervisor common to all employees in the groupManager of Nursing or designee. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used.
Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer the grievance to the department head or the designated representative second step hearing officer within the department, within five seven (57) working calendar days following receipt of the answer from the first step or five seven (57) working calendar days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of the copies of the electronic or written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department headHuman Resources Manager, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head Human Resources Manager or his/her designee will investigate, make inquiries, and hold a hearing on the grievance and provide a written reply within five seven (57) working calendar days of receipt of the grievance. The Union may request that a representative from a neutral division or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer shall reply to the employee within five (5) actual working days from the termination of the meetingaggrieved employee.
Step 3. If the employee does not receive a satisfactory reply to his/her written grievance within five seven (57) working calendar days, or if the employee receives no reply to his/her electronic or written grievance at the end of the five seven (57) working calendar days, his/her grievance may be taken to Step 3 of the grievance procedure within five seven (57) working calendar days after the date the reply was or should have been received.
Step 3. If a grievance is not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Director or his/her nominee, for the resolution of the grievance. The Union shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Director, Director or his/her nominee, shall hold a meeting with regard to the grievance within five fourteen (514) working calendar days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee grievant (example staff representative and/or ▇▇▇▇▇▇▇ delegate and/or employeegrievant and/or Member Resource Center Representative), and no more than four (4) representatives of County Management. Both the employee grievant and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, or his/her nominee, shall reply to the employee grievant in writing within ten fourteen (1014) actual working calendar days from the termination of the meeting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Steps in the Grievance Procedure. (a) Step 1. 1 The aggrieved employee or group of employees must present griever will first seek to settle the grievance to his/her dispute with the Employee's immediate supervisor in writing Supervisor on an informal basis within seven ten (710) actual working days following the date of the occurrence of giving rise to the act or acts about which there is a complaintgrievance. The aggrieved employee has the right to Supervisor shall have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at the meeting if he/she so requests. The manager and/or immediate supervisor shall hold a meeting within five (5) actual working days after the grievance is presented to him/her in writing. The manager/supervisor shall reply to the employee within five (5) actual working days from the termination of the meeting. If an employee does not agree with the response or does not receive a reply to his/her written grievance within five (5) working days, unless days in which to respond to the time limits are mutually waived, his/her grievance may be taken to grievance.
(b) Step 2 of the grievance procedure. A Step 2 grievance must be filed 2
(i) Failing satisfactory settlement and within five (5) working days after the employee receives his/her reply or should have received his/her reply. Group grievances, response in this Step, shall Step 1 from the Supervisor the grievance may be presented in submitted by the first instance Union to the lowest ranking supervisor common to all employees appropriate Department Head or his delegate in writing with particulars of the group. If a group grievance is not satisfactorily settled in this Step, and the procedure defined in Step 2 shall be usedredress sought.
Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer (ii) The appropriate Department Head shall review the grievance to and shall provide the department head or Union and the designated representative griever with a written decision together with the reasons therefore within the department, within five ten (510) working days following receipt from the day that the grievance was initiated.
(c) Step 3 If the decision of the answer from appropriate Department Head does not settle the first step or grievance, the Union must within five (5) working days from the date day that the answer should have been decision was received and no answer was filed by the manager/ supervisor. The distribution by Union, appeal the employee decision in writing to the Chief Administrative Officer and such appeal shall specify all the details of the copies grievance, the Article or Articles of this Agreement upon which the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representativeis based, and a fourth copy the remedy requested.
(d) Step 4 The Chief Administrative Officer, or his designate, shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing on the grievance within five (5) working days of receipt of the grievance. The Union may request day that a representative from a neutral division or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer shall reply to the employee within five (5) actual working days from the termination of the meeting. If the employee does not receive a satisfactory reply to his/her written grievance within five (5) working days, or if the employee receives no reply to his/her written grievance at the end of the five (5) working days, his/her grievance may be taken to Step 3 of the grievance procedure within five (5) working days after the date the reply was or should have been received.
Step 3. If a grievance is not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Director or his/her nominee, for the resolution of the grievance. The Union shall forward Chief Administrative Officer received the grievance and copies of a written decision on the reply thereto, if any. The County Human Resources Director, or his/her nominee, grievance together with the reasons therefore shall hold a meeting with regard be given to the grievance within five (5) working days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, or his/her nominee, shall reply to the employee in writing Union within ten (10) actual working days of the hearing.
(e) Step 5 If the decision of the Chief Administrative Officer, or his designate, does not settle the grievance; the Union must within ten (10) working days from the termination of day the meetingdecision was received refer the grievance to an arbitration board as hereinafter set out.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps in the Grievance Procedure. Employees are encouraged to speak with supervisors and/or Union representatives to resolve problems prior to filing any grievance.
Step 1. The aggrieved employee or group If the grievant Employee is not satisfied with the solution of employees must the supervisor and/or Union representative, the grievant Employee shall present the grievance to his/her immediate supervisor in writing within seven (7) actual ten working days of its alleged occurrence or date of knowledge to the occurrence Employee's immediate supervisor. The grievance shall include: (1) statement of the act or acts about which there is a complaintgrievance and relevant facts, (2) specific provision(s) of the Agreement violated, and (3) remedy sought. The aggrieved employee has the right to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at the meeting if he/she so requests. The manager and/or immediate supervisor shall hold schedule a meeting hearing if requested by the grievant and provide a written response within five (5) actual ten working days after the grievance is presented to him/her in writing. The manager/supervisor shall reply to the employee within five (5) actual working days from the termination receipt of the meetinggrievance. If an employee does not agree with Both the response or does not receive Employee and the Employee's immediate supervisor have the option of requiring a reply to his/her written grievance within five (5) working days, unless hearing and/or the time limits are mutually waived, his/her grievance may be taken to Step 2 inclusion of UNION representation at any point in the grievance procedure. A Step 2 grievance must be filed within five (5) working days after the employee receives his/her reply or should have received his/her reply. Group grievances, in this Step, shall be presented in the first instance to the lowest ranking supervisor common to all employees in the group. If a group hearing is not requested at the time the grievance is not satisfactorily settled in this Stepsubmitted by the grievant or required by the EMPLOYER, the procedure defined grievance may be answered in writing without a hearing at Step 2 shall be used1.
Step 2. An employee or group of employees whose grievance has If the UNION is not been answered under satisfied with the Step 1 of this procedure or has been answeredresponse, but not settled under Step 1 of this procedure may refer the grievance it shall submit written notice to the department head or the designated representative General Manager within the department, within five (5) working days following receipt of the answer from the first step or five (5) ten working days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of the copies of the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing on the grievance within five (5) working days of receipt of the grievanceimmediate supervisor's response. The Union may request that General Manager shall schedule a representative from a neutral division or department serve as hearing if requested by the hearing officer. Management will determine the neutral division or department. The hearing officer shall reply Employee and respond to the employee Employee in writing within five (5) actual ten working days from the termination receipt of the meeting. If the employee does not receive a satisfactory reply to his/her written grievance within five (5) working days, or if the employee receives no reply to his/her written grievance at the end of the five (5) working days, his/her grievance may be taken to Step 3 of the grievance procedure within five (5) working days after the date the reply was or should have been receivedsecond step.
Step 3. If a grievance is not settled no agreement can be reached at Step 2, files relating the UNION Business Representative/designee may appeal to arbitration by notifying the General Manager in writing. Such referral must be sent by certified mail within 60 days after the UNION receives the Step 2 decision. The grievance as set forth in writing in Step 2 may be submitted to an arbitrator in accordance with the following procedures:
A. The grievance has been approved for arbitration by the UNION membership in accordance with the UNION'S Constitution and Bylaws.
B. A list of seven arbitrators shall be forwarded requested from the Federal Mediation and Conciliation Service. Both parties shall meet and each shall strike a name until an arbitrator is selected. The UNION will contact the arbitrator to the County Human Resources Director or determine his/her nomineeavailability and will be responsible to schedule all requested arbitrations.
C. All meetings and hearings under this procedure shall be kept informal and private, for the resolution of the grievanceand shall include only such parties in interest and/or designated representatives. The Union arbitrator shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Director, or his/her nominee, shall hold render a meeting with regard to the grievance decision within five (5) working days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, or his/her nominee, shall reply to the employee in writing within ten (10) actual working 30 calendar days from the termination date of the meetingformal hearing. The power of the arbitrator shall be limited to interpreting this Agreement and determining if the disputed Article or portion thereof has been violated. The arbitrator shall have no authority to alter, modify, vacate, or amend any terms of this Agreement. The decision of the arbitrator within these stated limits shall be final and binding on both parties.
D. In case of a grievance involving any continuing or other monetary claim against the EMPLOYER, no award shall be made by the arbitrator which shall allow any alleged accruals for more than ten working days prior to the date when such grievance shall have first been presented.
E. Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties. However, each party shall be completely responsible for all costs of preparing and presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such record.
F. The parties agree to attend a pre-arbitration conference no later than 14 calendar days before a scheduled arbitration. The purpose of this conference shall be to discuss and narrow issues, explore settlement, prepare a submission agreement if no settlement agreement is reached, and to treat other matters relevant to the arbitration proceeding. Thereafter, should either party cancel within five working days of the scheduled arbitration date, the canceling party shall pay cancellation costs charged by the arbitrator and opposing counsel.
G. There shall be no strike or lockout on any matter submitted to arbitration.
Appears in 1 contract
Sources: Labor Agreement
Steps in the Grievance Procedure. Step 1. The aggrieved An employee or group of employees must present shall discuss the grievance with their Coordinator as soon as possible after the occurrence of the event giving rise to his/her immediate supervisor in writing the grievance. (Should the grievance arise out of a bid for another internal position, the employee shall have met the first step requirements if they discusses their concerns with either the hiring Coordinator or Supervisor, or the Human Resources Department.) If the employee, after discussing the grievance with their Coordinator, still believes a violation exists they shall submit a written grievance to their Supervisor within seven ten (710) actual working days of the occurrence or knowledge of the occurrence of the act or acts about which there is a complaintevent causing the grievance. The aggrieved employee has grievance form shall be in duplicate with one copy going to the right to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at Supervisor, and the meeting if he/she so requestsother staying with the grievant. The manager and/or immediate supervisor shall hold a meeting within five (5) actual working days after the grievance is presented to him/her in writing. The manager/supervisor shall reply to the employee within five (5) actual working days from the termination of the meeting. If an employee does not agree with the response or does not receive a reply to his/her written grievance within five (5) working days, unless the time limits are mutually waived, his/her grievance may be taken to Step 2 of the grievance procedure. A Step 2 grievance must be filed within five (5) working days after the employee receives his/her reply or should have received his/her reply. Group grievances, in this Step, shall be presented in the first instance delivered to the lowest ranking supervisor common to all employees in the group. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used.
Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer the grievance to the department head or the designated representative Supervisor within the department, within five (5) working days following receipt of the answer from the first step or five (5) working days from the date the answer should have been received and no answer was filed by the manager/ supervisorabove time limit. The distribution by the employee of the copies of the written grievance shall be as follows: one (1) copy Supervisor must respond in writing to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing on the grievance within five (5) working days after receipt of the written grievance.
2. If the grievance is not resolved at Step 1, the employee, through their Union representative, shall have the right to submit the grievance in writing to the Program Director, or their designee, within five (5) days after receipt of the response from the Supervisor. The Program Director, or their designee, shall meet with the grievant and their representative in an effort to settle the grievance within five (5) days of receipt of the grievance. The Union may request that a representative from a neutral division Program Director, or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer their designee, shall reply to the employee respond in writing within five (5) actual working days from the termination of the after this meeting.
3. If the employee does grievance is not receive a satisfactory reply resolved at Step 2, the employee, through their Union representative, shall have the right to his/her written grievance submit the grievance, in writing, to the Chief Human Resources Officer, or their designee, within five (5) working days, or if the employee receives no reply to his/her written grievance at the end days after receipt of the five (5) working days, his/her grievance may be taken to Step 3 of response from the grievance procedure within five (5) working days after the date the reply was or should have been received.
Step 3. If a grievance is not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Director or his/her nominee, for the resolution of the grievance. The Union shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Program Director, or his/her nomineetheir designee. The Chief Human Resources Officer, or their designee, shall hold a meeting meet with regard the grievant and their representatives in an effort to settle the grievance within five (5) working days following of receipt of the grievance. The grievance meeting Within five (5) days of this meeting, the Chief Human Resources Officer, or their designee, shall include no more than four (4) representatives respond, in writing, with their disposition of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or grievance.
4. If the grievance is not resolved at Step 3, the employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives through their Union representative, shall have the right to have available such witnesses as are necessary for submit the explanation and investigation grievance, in writing, to the Human Resources Committee of the grievanceCommunity Mental Health Authority within five (5) days of the Chief Human Resources Officer's, or their designee’s, response. A copy shall be submitted to the Chief Human Resources Officer, or their designee. The Human Resources Director, or his/her nomineeCommittee at its next regularly scheduled meeting, shall reply meet with the grievant and their representatives in an effort to resolve the employee grievance. Within five (5) days of this meeting the Human Resources Committee shall respond, in writing within ten (10) actual working days from the termination writing, with their disposition of the meetinggrievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps in the Grievance Procedure. Step 1. The aggrieved An employee or group of employees must present shall discuss the grievance to Grievance with his/her their immediate supervisor in writing as soon as possible after the occurrence of the event giving rise to the Grievance. (Should the Grievance arise out of a bid for another internal position, the employee shall have met the first step requirements if he/she they discuss es his/her their concerns with either the hiring Coordinator or Supervisor, or the Human Resources Department.) If the employee, after discussing the Grievance with his/her their immediate supervisor, still believes a violation exists he/she they shall submit a written Grievance within seven ten (710) actual working days of the occurrence or knowledge of the occurrence of the act or acts about which there is a complaintevent causing the Grievance. The aggrieved employee has Grievance form shall be in duplicate with one copy going to the right to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at supervisor and the meeting if he/she so requestsother staying with the Grievant. The manager and/or immediate written Grievance must be delivered to the supervisor shall hold a meeting within the above time limit. The supervisor must respond in writing to the Grievance within five (5) actual working days after receipt of the grievance written grievance.
2. If the Grievance is presented to him/her not resolved at Step 1, the employee may submit the Grievance in writing. The manager/supervisor shall reply writing to the employee Program Director, within five (5) actual working days after receipt of the response from the termination of the meetingSupervisor. If an employee does not agree The Program Director shall meet with the response or does not receive a reply to Grievant and his/her written their representative in an effort to settle the grievance within five (5) working days, unless the time limits are mutually waived, his/her grievance may be taken to Step 2 days of receipt of the grievance procedureGrievance. A Step 2 grievance must be filed The Program Director shall respond in writing within five (5) working days after this meeting.
3. If the Grievance is not resolved at Step 2, the employee receives may submit the Grievance, in writing, to the Chief Human Resources Officer, or his/her reply or should have received his/her reply. Group grievances, in this Step, shall be presented in the first instance to the lowest ranking supervisor common to all employees in the group. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used.
Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer the grievance to the department head or the designated representative within the departmenttheir designee, within five (5) working days following after receipt of the answer response from the first step Program Director. The Chief Human Resources Officer, or his/her their designee, shall meet with the Grievant and his/her their representatives in an effort to settle the Grievance within five (5) working days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of receipt of the copies Grievance. Within five (5) days of this meeting, the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisorChief Human Resources Officer, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigatetheir designee, make inquiriesshall respond, and hold a hearing on in writing, with his/her their disposition of the grievance Grievance.
4. If the Grievance is not resolved at Step 3, the employee may submit the Grievance, in writing, to the Human Resources Committee of the Community Mental Health Authority within five (5) working days of receipt of the grievanceChief Human Resources Officer's response. A copy shall be submitted to the Chief Human Resources Officer. The Union may request that a representative from a neutral division or department serve as Human Resources Committee, at its next regularly scheduled meeting, shall meet with the hearing officerGrievant and his/her their representatives in an effort to resolve the Grievance. Management will determine the neutral division or department. The hearing officer shall reply to the employee within Within five (5) actual working days of this meeting the Human Resources Committee shall respond, in writing, with their disposition of the Grievance.
5. If the Grievance is not satisfactorily resolved at Step 4 and the Union wishes to carry the matter further, it shall, within thirty (30) calendar days from the termination date of the meeting. If response in Step 4, file a Demand for Arbitration with the employee does not receive a satisfactory reply to his/her written grievance within five (5) working days, or if the employee receives no reply to his/her written grievance at the end of the five (5) working days, his/her grievance may be taken to Step 3 of the grievance procedure within five (5) working days after the date the reply was or should have been receivedEmployer.
Step 3. If a grievance is not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Director or his/her nominee, for the resolution of the grievance. The Union shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Director, or his/her nominee, shall hold a meeting with regard to the grievance within five (5) working days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, or his/her nominee, shall reply to the employee in writing within ten (10) actual working days from the termination of the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps in the Grievance Procedure. Step 1. The aggrieved employee or group of employees must present the grievance to his/her the immediate supervisor in writing writing, on the official AFSCME grievance form, within seven (7) actual working calendar days of the occurrence of the act or acts about which there is a complaint. The grievance shall contain the aggrieved employee(s) name and signature; the date and with whom
Step 2. An employee or group of employees whose grievance has not been answered or has been answered, but not settled at Step 1 of this procedure may refer the right grievance to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at the meeting if heDivision Administrator or his/she so requestsher designee, within seven (7) calendar days following receipt of the answer from the first step. The manager and/or immediate supervisor Division Administrator or his/her designee shall hold a meeting within five (5) actual working days after with regard to the grievance is presented to himwithin seven (7) calendar days of receipt of the grievance. The Division Administrator or his/her in writing. The manager/supervisor designee shall reply to the employee within five seven (57) actual working calendar days from the termination of the meeting. If an employee does not agree with the response or does not receive a reply to his/her written grievance within five seven (57) working calendar days, unless the time limits are mutually waived, his/her grievance may be taken to Step 2 of the grievance procedure. A Step 2 grievance must be filed within five (5) working days after the employee receives his/her reply or should have received his/her reply. Group grievances, in this Step, shall be presented in the first instance to the lowest ranking supervisor common to all employees in the group. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used.
Step 2. An employee or group of employees whose grievance has not been answered under Step 1 of this procedure or has been answered, but not settled under Step 1 of this procedure may refer the grievance to the department head or the designated representative within the department, within five (5) working days following receipt of the answer from the first step or five (5) working days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of the copies of the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing on the grievance within five (5) working days of receipt of the grievance. The Union may request that a representative from a neutral division or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer shall reply to the employee within five (5) actual working days from the termination of the meeting. If the employee does not receive a satisfactory reply to his/her written grievance within five (5) working days, or if the employee receives no reply to his/her written grievance at the end of the five (5) working days, his/her grievance may be taken to Step 3 of the grievance procedure within five (5) working days after the date the reply was or should have been receivedprocedure.
Step 3. If a grievance is has not been answered or has been answered but not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Agency Director or his/her nomineedesignee, for the resolution of the grievance. The Union shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Director, Agency Director or his/her nomineedesignee, shall hold a meeting with regard to the grievance within five seven (57) working calendar days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, Agency Director or his/her nominee, designee shall reply to the employee in writing within ten fourteen (1014) actual working calendar days from the termination of the meeting.. If an employee does not agree with the response or does not receive a reply to his/her written grievance within
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps in the Grievance Procedure. The following steps shall be followed in processing grievances. At any step of the grievance procedure, the Employer may request additional information from the Union in writing, in regards to the reasons the Union felt the grievance was unsatisfactorily resolved at the prior step.
6.3.1. Step 11 - Supervisor. Step 1 provides an opportunity for discussion and remedy of the grievance at the lowest possible level. The aggrieved employee grievant employee(s), with or group of employees must without the Union ▇▇▇▇▇▇▇, shall present the grievance within ten (10) working days of its alleged occurrence, or when the employee(s) first knew (or should have known) of its occurrence, to his/her immediate supervisor in writing within seven (7) actual working days of the occurrence of the act or acts about which there is a complaint. The aggrieved employee has the right who shall attempt to have a ▇▇▇▇▇▇▇ and/or staff representative in attendance at the meeting if he/she so requests. The manager and/or immediate supervisor shall hold a meeting within five (5) actual working days after the grievance is presented to him/her in writing. The manager/supervisor shall reply to the employee within five (5) actual working days from the termination of the meeting. If an employee does not agree with the response or does not receive a reply to his/her written grievance within five (5) working days, unless the time limits are mutually waived, his/her grievance may be taken to Step 2 of the grievance procedure. A Step 2 grievance must be filed resolve it within five (5) working days after the employee receives his/her reply receipt of this grievance. Oral warnings shall not be grieved beyond this step.
6.3.2. Step 2 - Division or should have received his/her replyMid-Level Supervisor. Group grievances, in this Step, All grievances of disciplinary action at a written warning level or higher shall be presented in the first instance to the lowest ranking supervisor common to all employees in the group. If a group grievance is not satisfactorily settled in this Step, the procedure defined in Step 2 shall be used.
filed initially at Step 2. An employee or group Or, if the Union is not satisfied with the solution of employees whose grievance has not been answered under the immediate supervisor at Step 1 of this procedure or has been answeredregarding other grievance topics, but not settled under Step 1 of this procedure may refer the grievance to grievant and the department head or the designated representative within the department, within five (5) working days following receipt of the answer from the first step or five (5) working days from the date the answer should have been received and no answer was filed by the manager/ supervisor. The distribution by the employee of the copies of the written grievance shall be as follows: one (1) copy to the manager and/or immediate supervisor, one (1) copy to the department head, one (1) copy to the employee representative, and a fourth copy shall be retained by the employee. The department head or his/her designee will investigate, make inquiries, and hold a hearing on the grievance within five (5) working days of receipt of the grievance. The Union may request that a representative from a neutral division or department serve as the hearing officer. Management will determine the neutral division or department. The hearing officer shall reply to the employee within five (5) actual working days from the termination of the meeting. If the employee does not receive a satisfactory reply to his/her written grievance within five (5) working days, or if the employee receives no reply to his/her written grievance at the end of the five (5) working days, his/her grievance may be taken to Step 3 of the grievance procedure within five (5) working days after the date the reply was or should have been received.
Step 3. If a grievance is not settled at Step 2, files relating to the grievance shall be forwarded to the County Human Resources Director or his/her nominee, for the resolution of the grievance. The Union shall forward the grievance and copies of the reply thereto, if any. The County Human Resources Director, or his/her nominee, shall hold a meeting with regard to the grievance within five (5) working days following receipt of the grievance. The grievance meeting shall include no more than four (4) representatives of the employee (example staff representative and/or ▇▇▇▇▇▇▇ and/or employee), and no more than four (4) representatives of County Management. Both shall submit the employee and the County Management representatives shall have the right to have available such witnesses as are necessary for the explanation and investigation of the grievance. The Human Resources Director, or his/her nominee, shall reply to the employee grievance in writing written form within ten (10) actual working days from of the termination supervisor's response, to the Division or Mid-Level Supervisor or designee. The statement must include:
a) A statement of the grievance and relevant facts.
b) Specific provision(s) of the Agreement alleged to have been violated.
c) Remedy sought.
6.3.2.1. Where there is not a Division or Mid-Level supervisor the grievance shall instead be filed at Step 3 with the Union supplying the written grievance statement information requested in Step 2.
6.3.2.2. The Division or Mid-Level Supervisor or designee shall schedule a meeting with the parties within ten (10) working days after receipt of the grievance and shall attempt to resolve the grievance. The Division or Mid-Level Supervisor or designee shall provide a written response to the Union Staff Representative, with a copy to the ▇▇▇▇▇▇▇ and the grievant within ten (10) working days after the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement