Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance between the parties covered by this Agreement: a.) The grievant shall institute action under the provisions hereof signed and delivered to his/her Assistant Administrative Supervisor and Immediate Supervisor within ten (10) working days of the occurrence complained of or within ten (10) working days after he/she would reasonably be expected to know of its occurrence. The grievant’s signed request for a hearing shall contain a statement of the issue or issues being grieved. Failure to act within said ten (10) days shall be deemed to constitute an abandonment of the grievance. The grievant may be represented by an employee who is a member of the W.S.O. b.) The Assistant Administrative Supervisor, in conjunction with the Immediate Supervisor shall schedule a hearing and render a written decision within ten (10) working days after receipt of the grievance. a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Department Head within five (5) working days following the determination at Step 1. The grievant may be represented by an employee who is a member of the W.S.O. b.) The Department Head shall hold a hearing and render a written decision within ten (10) working days after receipt of the complaint. a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O. b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint. a.) Should the grievant disagree with the decision of the Director, or his designee, the aggrieved may, within five (5) working days, submit to the Board a statement in writing and signed as to the issues in dispute. In the event the grievant files his/her statement with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter has been reviewed. If the Board’s decision involves a non-contractual grievance, the decision of the Board shall be final. b.) The grievant may be represented by the W.S.O. A minority organization shall not present or process a grievance. a.) Any resolved contract grievance (as defined in B.1, Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request for arbitration within thirty (30) calendar days after the receipt of the Board’s decision. b.) Nothing in this Agreement shall be construed as compelling the W.S.O. to submit a grievance to arbitration or to represent an employee before the Civil Service Commission. The W.S.O.’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O. c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form. d.) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following the execution of this agreement. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows: 1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or 2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Commission; or 3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association. f.) The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing. g.) The decision or award of the arbitrator shall be final and binding on the Board, the W.S.O., and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreement. h.) The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement. i.) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation or declaration of opinions which are not essential in reaching the determination. j.) The costs of the services of the arbitrator shall be borne equally by the Board and the W.S.O. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same. k.) The costs of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally. l.) The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his/her selection and shall issue his/her decision within thirty (30) days after the close of the hearing. m.) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutions, as to the prior conduct of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance grievances between the parties covered by this Agreement:: Step 1
a.) 1. The grievant shall institute action under through the provisions hereof signed and delivered to his/her Assistant Administrative Supervisor and Immediate Supervisor shop ▇▇▇▇▇▇▇ and/or Local Union Representative must file the grievance on the approved grievance form with the employee’s Division Director or designee within ten (10) working days of when the occurrence complained employee knew of, or could have reasonably been expected to know of a grievable occurrence, whichever occurred first. The Division Director or within designee shall then have ten (10) working days after he/she would reasonably be expected to know of its occurrence. The grievant’s signed request for a hearing shall contain a statement of respond in writing to the issue or issues being grievedShop ▇▇▇▇▇▇▇ and/or Local Union Representative. Failure to respond shall constitute a denial of the grievance and the grievant may proceed to Step 2.
2. Step Two. If the grievance has not been resolved in Step One, the grievant, through the Shop ▇▇▇▇▇▇▇ and/or Local Union Representative shall, in writing, present the grievance to the Department Head or designee within 10 working days of the receipt by the Shop ▇▇▇▇▇▇▇ and/or Local Union Representative of the written response in Step One, or within 10 working days of the time allotted for the written response if none is issued. Failure of the Shop ▇▇▇▇▇▇▇ and/or Local Union Representative to act within said ten (10) days this time shall be deemed to constitute an abandonment of the grievance. The Department Head shall have 10 working days to respond in writing to the Shop ▇▇▇▇▇▇▇ and/or Local Union Representative about the grievance. Failure to respond shall constitute a denial of the grievance and the grievant may be represented by an employee who is a member proceed to Step 3.
3. Step Three. If the grievance has not been resolved in Step Two, the grievant, through the Shop ▇▇▇▇▇▇▇ and/or Local Union Representative shall, in writing, present the grievance to the Third Step Hearing Officer within 10 working days of the W.S.O.
b.) receipt by the Shop ▇▇▇▇▇▇▇ and/or Local Union Representative of the written response in Step Two, or within 10 working days of the time allotted for the written response if none is issued. Failure of the Shop ▇▇▇▇▇▇▇ and/or Local Union Representative to act within this time shall constitute an abandonment of the grievance. The Assistant Administrative Supervisor, Third Step Hearing Officer shall have 10 working days to respond in conjunction with writing to the Immediate Supervisor shall Shop ▇▇▇▇▇▇▇ and/or Local Union Representative or schedule a hearing. The hearing and render may be waived, or rescheduled, if mutually agreed in writing. The Third Step Hearing Officer shall issue a written decision within ten (10) 10 working days of the receipt of the grievance or 20 working days after receipt the hearing if there is one. Failure to so respond shall constitute a denial of the grievance.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Department Head within five (5) working days following the determination at Step 14. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Department Head shall hold a hearing and render a written decision within ten (10) working days after receipt of the complaint.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.) Should the grievant disagree with the decision of the Director, or his designee, the aggrieved may, within five (5) working days, submit to the Board a statement in writing and signed as to the issues in dispute. In the event the grievant files his/her statement with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter has been reviewed. If the Board’s decision involves a non-contractual grievance, the decision of the Board shall be final.
b.) The grievant may be represented by the W.S.O. A minority organization shall not present or process a grievance.
a.) Any resolved contract grievance (as defined in B.1, Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission, Only B-1 grievances may be appealed to arbitration only by the W.S.O. arbitration. The W.S.O. union must file the request for arbitration within thirty (30) calendar 10 working days after the receipt of the Board’s Step 3 decision.
b.) . Nothing in this Agreement shall be construed as compelling the W.S.O. Union to submit a grievance to arbitration or to represent an employee before the Civil Service Commission. The W.S.O.’s decision to request the movement State Department of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d.) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following the execution of this agreementPersonnel. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the Commission’s selection procedures of the Public Employment Relations Commission; or
3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
f.) The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.) procedures. The decision or award of the arbitrator shall be final and binding on the BoardEmployer, the W.S.O., Union and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreement.
h.) The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
i.) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation or declaration of opinions which are not essential in reaching the determination.
j.) The costs cost of the services of the arbitrator shall be borne equally by the Board and the W.S.O. both parties. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.) . The costs cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
l.) . The arbitrator shall hold a hearing at a the time and place convenient to the parties as expeditiously as possible after his/her selection and shall issue his/her decision within thirty (30) days after the close of the hearingpossible.
m.) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutions, as to the prior conduct of the other party.
Appears in 1 contract
Sources: Labor Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance grievances between the parties covered by this Agreement:Agreement and shall be followed in its entirety unless any step is waived by mutual consent.
a.) The grievant 1. An aggrieved Employee shall institute action under the provisions hereof signed and delivered to discuss his/her Assistant Administrative Supervisor grievance with the Union ▇▇▇▇▇▇▇ and Immediate Supervisor Department Head within ten (10) working days of the occurrence complained of or within ten (10) working days after he/she would reasonably be expected to know of its occurrence. The grievant’s signed request for a hearing shall contain a statement of the issue or issues being grievedgrievance. An ▇▇▇▇▇▇▇ effort shall be made to settle the differences between the aggrieved Employee, the Union ▇▇▇▇▇▇▇ and the Department Head. Failure of all Employee to act within said ten (10) days shall be deemed to constitute an abandonment of the grievancegrievance on behalf of the individual.
2. The grievant may be represented by an employee who is a member of Department Head shall attempt to settle the W.S.O.
b.) The Assistant Administrative Supervisor, in conjunction with the Immediate Supervisor shall schedule a hearing and grievance or render a written decision within ten five (105) working days after receipt the grievance was discussed. A written reply shall be given by the immediate Department Head/Supervisor to the grievant and a copy of same given to the grievanceUnion ▇▇▇▇▇▇▇.
a.) 1. In the event a satisfactory settlement has not been reachedreached pursuant to Step One, the grievant shall, in grievance shall be reduced to writing by the aggrieved Employee and signed, file his/her complaint with one (1) copy shall be furnished to the Department Head Superintendent or designee and one (1) copy to the Union Representative within five (5) working days following the determination at Step 1by the Department Head.
2. The grievant may be represented by an employee who is a member Superintendent or designee shall meet with the Union ▇▇▇▇▇▇▇ within five (5) working days after the receipt of the W.S.O.
b.) grievance to discuss the matter. The Department Head Director of Human Resources shall hold a hearing and render a written submit his decision in writing to the UNION within ten (10) working days after receipt of the complaint.
a.) In grievance meeting. If the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare Grievance is still unresolved within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.) Should the grievant disagree with the decision of the Director, Superintendent’s or his designee’s decision, the aggrieved mayUNION may submit the matter to the Superintendent or his/her designee for review by the BOARD. The BOARD or a committee thereof shall, within five fifteen (515) working days, submit to the Board hold a statement in writing and signed as to the issues in dispute. In the event the grievant files his/her statement hearing with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meetingUnion ▇▇▇▇▇▇▇. The Board BOARD shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision a decision, in writing, within eight fifteen (8) 15) working days after the Board meeting hearing.
1. If a grievance is not settled by Step Three, such grievance shall, at which the request of the UNION or the BOARD, be submitted to the PERC.
2. The Arbitrator selected shall be bound in making his/her decision to resolve the matter has been reviewedby the provisions of this Agreement and restricted to the application of facts presented to him involved in the grievance. If The Arbitrator shall also be bound by applicable Federal and State Laws and cases and shall not have the Board’s decision involves a non-contractual grievanceauthority to add, to modify, detract from or alter in any way the decision provisions of the Board shall be finalthis Agreement or any amendment or supplement thereto.
b.) 3. The grievant may be represented by the W.S.O. A minority organization Arbitrator shall not present or process a grievance.
a.) Any resolved contract grievance (as defined in B.1set forth his/her findings, Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request facts and reasons for arbitration making his/her decision within thirty (30) calendar days after the receipt of the Board’s decision.
b.) Nothing in this Agreement shall be construed as compelling the W.S.O. to submit a grievance to arbitration or to represent an employee before the Civil Service Commission. The W.S.O.’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d.) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following the execution of this agreement. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Commission; or
3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
f.) The parties shall meet at least ten (10) working days prior to the date conclusion of the arbitration hearing issues to be submitted to the arbitrator and to stipulate the facts hearing. The decision of the matter in an effort to expedite the hearing.
g.) The decision or award of the arbitrator Arbitrator shall be final and binding on the Board, the W.S.O., and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreementparties.
h.) The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board’s authority4. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
i.) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation or declaration of opinions which are not essential in reaching the determination.
j.) The costs of the services and expenses of the arbitrator Arbitrator only shall be borne equally by between the Board UNION and the W.S.O. Any other expenses incurred in connection with the arbitration shall be paid by the BOARD. The party incurring the same.
k.) The costs of the transcriptshall pay same any other expense, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
l.) The arbitrator shall hold a hearing at a time and place convenient including but not limited to the parties as expeditiously as possible after his/her selection and shall issue his/her decision within thirty (30) days after the close presentation of the hearingwitnesses.
m.) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutions, as to the prior conduct of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance grievances between the parties covered by this AgreementAgreement and shall be followed in its entirety unless any step is waived by mutual consent. For purposes of this Article, working days shall be defined as Monday through Friday, excluding holidays, irrespective of the employee’s work schedule:
a.(a) The grievant An aggrieved employee shall institute an action under the provisions hereof signed and delivered to his/her Assistant Administrative Supervisor and Immediate Supervisor by submitting his grievance in writing within ten seven (10) working days of the occurrence complained of or within ten (107) working days after he/she would reasonably be expected the occurrence upon a form provided by the Union and to know of its occurrence. The grievant’s signed request for a hearing the Shop ▇▇▇▇▇▇▇, who in turn shall contain a statement forthwith file one (1) copy with the County's Personnel Officer and one (1) copy with the Department Head of the issue aggrieved employee. Having completed this, an ▇▇▇▇▇▇▇ effort shall be made to settle the differences between the aggrieved employee and his Department Head or issues being grieveddesignee for the purpose of resolving the matter informally. Failure to act within said ten (10) days file this grievance in writing as aforesaid shall be deemed to constitute an abandonment of the grievance and shall bar the employee from any right to proceed further with this grievance. The grievant may be represented by an employee who is a member of the W.S.O..
b.(b) The Assistant Administrative Supervisor, in conjunction with the Immediate Supervisor Department Head or designee shall schedule a hearing and render a written decision within ten five (105) working days after receipt of the grievance. Failure to render such written decision within the time provided shall be deemed a denial of the grievance.
a.(c) Where the employee has no immediate Department Head or designee, he or she may proceed directly to Step Two hereof, subject to the time limitations provided for filing a grievance as provided under Step One.
(a) In the event a satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint reached with the Department Head or designee, the employee may appeal his/her grievance to the Administrator or designee within five seven (57) working days following receipt by the determination at Step 1. The grievant may be represented by an employee who is a member of the W.S.O.written determination by the Department Head. Such appeal shall be in writing signed by the aggrieved employee and delivered to the Administrator or designee.
b.(b) The Department Head Administrator or designee shall hold a hearing and render a written decision within with ten (10) working days after from his or her receipt of the complaintgrievance. Failure to render such written decision with the time period shall be deemed a denial of the grievance.
a.(c) In The written decision of both the event satisfactory settlement has not been reached, Department Head or designee and the grievant shall, in writing and signed, file his/her complaint Administrator or designee shall be directed to the Local Union Representative within the County who filed the grievance with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.) Should the grievant disagree with the decision of the Director, or his designee, the aggrieved may, within five (5) working days, submit to the Board a statement in writing and signed as to the issues in disputeCounty. In the event that the grievant files his/her statement with the Board grievance has not been resolved at least ten (10) working days prior to a Board meetingStep Two, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting Union may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter has been reviewed. If the Board’s decision involves a non-contractual grievance, the decision of the Board shall be final.
b.) The grievant may be represented by the W.S.O. A minority organization shall not present or process a grievance.
a.) Any resolved contract grievance (as defined in B.1, Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request for arbitration within thirty (30) calendar days after the receipt of the Board’s decision.
b.) Nothing in this Agreement shall be construed as compelling the W.S.O. to submit a grievance to arbitration or to represent an employee before the Civil Service Commission. The W.S.O.’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d.) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following receipt by the execution Union of this agreementthe determination of the Administrator, submit the matter to the Public Employment Relations Commission for binding arbitration. The Union shall not assign its rights to bring a grievance to arbitration to any individual, groups of grievants or to an attorney(s) retained by anyone other than the Union or to any attorney not specifically retained by the Union for Union matters. In the event that the Union shall elect to submit the grievance to binding arbitration, the following provisions shall apply:
(a) An arbitrator shall be selected from a list of arbitrators who are pursuant to the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures rules of the Public Employment Relations Commission; or.
3.(b) by selection from the panel of arbitrators maintained The arbitrator shall be bound by the American Arbitration Association, in accordance with the selection procedures parameters of the American Arbitration Associationgrievance definition stated in ARTICLE FOUR of this Agreement.
f.) The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.c) The decision or award of the arbitrator shall be final and binding on upon the Board, the W.S.O., and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreementparties.
h.) The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
i.) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation or declaration of opinions which are not essential in reaching the determination.
j.(d) The costs of the services of the arbitrator shall be borne equally by the Board County and the W.S.O. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.) The costs of the transcript, if any, will be borne by the party requesting itUnion. If both parties request a transcript, the cost will be shared equally.
l.) The arbitrator shall hold a hearing at a time set forth the findings of fact and place convenient to reasons for making the parties as expeditiously as possible after his/her selection and shall issue his/her decision award within thirty (30) calendar days after the close conclusion of the arbitration hearing.
m.) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding , unless a specific agreement otherwise agreed to that effect is made by the authorized representatives of both parties. This is not to Notwithstanding any procedures for the resolution of disputes, controversies or grievances established by any other statute, the grievance procedure herein established by this Agreement between the County and the Union shall be construed as limiting utilized for any dispute covered by the right terms of either party to introduce relevant evidencethis Agreement or affecting the employees covered hereunder, including such grievance resolutions, as to the prior conduct of the other partyexcept for disciplinary matters.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance grievances between the parties covered by this Agreement:.
a.(a) The grievant shall institute action under the provisions hereof in writing, signed and delivered to his/her Assistant Administrative Supervisor and Immediate Supervisor Unit Head or authorized county representative within ten (10) working days of the occurrence complained of of, or within ten (10) working days after he/she would reasonably be expected to know of its occurrence. The grievant’s signed request for a hearing shall contain a statement of the issue or issues being grieved. Failure to act within said ten (10) days shall be deemed to constitute an abandonment of the grievance. The grievant may be represented by an employee who is a member of the W.S.O.shop ▇▇▇▇▇▇▇ or Local Union representative.
b.(b) The Assistant Administrative Supervisor, in conjunction with the Immediate Supervisor Unit Head or authorized County representative shall schedule a hearing and render a written decision in writing within ten (10) working days after receipt of the grievance. Failure to render a decision within this time shall be considered a denial of the grievance.
a.(a) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her his complaint with the Department Head within five (5) working days following the determination at Step 1. The grievant may be represented by an employee who is a member of the W.S.O.shop ▇▇▇▇▇▇▇ or Local Union representative.
b.(b) The Department Head Head, or his designee, shall hold a hearing and render a written decision in writing within ten eight (10) working 8) calendar days after receipt of the complaint. Failure to render a decision within this time shall be considered a denial of the grievance.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.a) Should the grievant disagree with the decision of the DirectorDepartment Head, or his designee, the aggrieved may, within five (5) working days, submit to the Board a statement statement, in writing and signed signed, as to the issues in dispute. In dispute of the event the grievant files his/her statement with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meetingOffice of Personnel. The Board Office of Personnel shall review the decision of the Director Department Head together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. Union representative may request an appearance before a designated representative of the BoardOffice of Personnel. The Board representative will render its written his/her decision within eight (8) working calendar days after receipt of the Board grievance or grievance meeting at which if one is held. Failure to render a decision within this time shall be considered a denial of the matter has been reviewedgrievance. If the Board’s decision involves grievance is a non-contractual grievance, the decision of the Board representative shall be final.
b.(b) The grievant may be represented by the W.S.O. Local Union Officer or the International Union representative, or both. A minority organization shall not be present or process a grievancegrievances.
a.(c) If a hearing is to be provided, it shall be scheduled within five (5) working days, unless the parties mutually agree to an extension, and provided that the Union hand-deliver the third-step grievance to the Office of Personnel.
(a) Any resolved contract unresolved contractual grievance (as defined in B.1, Definitions Definitions, above) ), except matters involving appointment, promotion promotion, or assignment, assignment or matters within the exclusive province of Civil Service CommissionN.J. State Department of Personnel, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request for arbitration within thirty twenty (3020) calendar working days after the receipt of the BoardPersonnel representative’s decision.
b.(b) Nothing in this Agreement shall be construed as compelling the W.S.O. Union to submit a grievance to arbitration or to represent an employee before the Civil Service CommissionNew Jersey State Department of Personnel. The W.S.O.Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance formUnion.
d.(c) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following the execution of this agreement. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Commission; or
3.) , or by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
f.(d) The parties shall meet at least ten twenty (1020) working days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.(e) The decision or award of the arbitrator shall be final and binding on the BoardEmployer, the W.S.O.Union, and the grievant or grievants grievants, to the extent permitted by and in accordance with applicable law and this agreementAgreement.
h.(f) The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the BoardEmployer’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
i.(g) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her his decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation observations or declaration declarations of opinions which are not essential in reaching the determination.
j.(h) The costs of the services of the arbitrator shall be borne equally by the Board Employer and the W.S.O. Union. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.(i) The costs cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
l.(j) The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his/her his selection and shall issue his/her his decision within thirty (30) days after the close of the hearing.
m.(k) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding proceedings unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutionsresolution, as to the prior conduct of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps of the Grievance Procedure. Step 1. The following constitutes the sole and exclusive method for resolving employee shall submit a formal written grievance between the parties covered by this Agreement:
a.) The grievant shall institute action under the provisions hereof signed and delivered to his/her Assistant Administrative Supervisor and Immediate Supervisor Department Head or Branch Director within ten fourteen (1014) working calendar days of the occurrence of the matter complained of of, or within ten fourteen (1014) working calendar days after he/she would have reasonably be been expected to know of its occurrence. The grievant’s signed request for a hearing Department Head/Branch Director shall contain a statement meet with the employee to discuss the grievance and shall give his/her written decision to the employee within seven (7) calendar days of the issue or issues being grieved. Failure to act within said ten (10) days shall be deemed to constitute an abandonment receipt of the grievance. The grievant Both the employee and the responding
Step 2. If the grievance is not satisfactorily resolved at Step 1, the employee may be represented by an employee who is a member submit his/her written grievance to the Assistant Library Director within three working days of the W.S.O.
b.) Department Head/Branch Director’s decision. The Assistant Administrative Supervisor, in conjunction Library Director shall meet with the Immediate Supervisor employee and his/her shop ▇▇▇▇▇▇▇ and Department Head or Branch Director and shall schedule a hearing and render a written his/her decision in writing within ten (10) working days after of receipt of the grievance. Copies shall be furnished to the employee, the ▇▇▇▇▇▇▇ and the Department Head/Branch Director. Both the employee and responding manager shall provide a copy of all written grievances, decisions, and responses to the Human Resources Manager.
a.) In Step 3. If the event satisfactory settlement has grievance is not been reachedsatisfactorily resolved at Step 2, the grievant shallunion may submit the written grievance to the Director within three working days of receipt of the Assistant Library Director’s decision. The Director shall meet with the employee, in writing a union representative, the Assistant Library Director and signed, file the Department Head/Branch Director and shall render his/her complaint with decision in writing within ten working days of receipt of the grievance. Copies shall be furnished to the employee, the Assistant Library Director, and the Department Head Head/Branch Director. Both the employee and responding manager shall provide a copy of all written grievances, decisions, and responses to the Human Resources Manager.
Step 4. If the grievance is not satisfactorily resolved at Step 3, the union may submit his/her written grievance to the Library Commission within five (5) three working days following of the determination at Step 1Director’s decision. The grievant may be represented by an employee who is a member Library Commission shall render the final decision in writing within 20 working days of receipt of the W.S.O.
b.) The Department Head shall hold a hearing and render a written decision grievance or within ten (10) 10 working days after receipt of the complaint.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.) Should the grievant disagree with the decision of the Director, or his designee, the aggrieved may, within five (5) working days, submit to the Board a statement in writing and signed as to the issues in dispute. In the event the grievant files his/her statement with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter has been reviewed. Copies shall be furnished to the employee and to the OPEIU, Local 32 Business Manager. If the BoardCommission’s decision involves a non-contractual grievance, the decision of the Board Commission shall be final. Both the employee and responding manager shall provide a copy of all written grievances, decisions, and responses to the Human Resources Manager.
b.) The grievant may be represented by the W.S.O. A minority organization shall not present or process a grievance.
a.) Step 5. Any resolved unresolved contract grievance (as defined in B.1Paragraph (B)(1), Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request for arbitration union within thirty (30) calendar 10 days after the receipt of the BoardCommission’s decision.
b.) Nothing in this Agreement shall be construed as compelling the W.S.O. to submit a grievance to arbitration or to represent an employee before the Civil Service Commission. The W.S.O.’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d.) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following the execution of this agreement. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, Commission in accordance with the selection procedures of the Public Employment Relations Commission; or
3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
f.) The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.) . The decision or award of the arbitrator shall be final and binding on the BoardCommission, the W.S.O., Union and the grievant or grievants grievants, to the extent permitted by and in accordance with applicable law and this agreement.
h.) Agreement. The arbitrator may prescribe an appropriate back pay remedy when he he/she finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he he/she may not make an award which exceeds the BoardCommission’s authority, or the scope of this Agreement. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
i.) . The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement Agreement, and shall confine his/her decision solely to the interpretation and application of this Agreement. He He/she shall confine himself him/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation or declaration of opinions which are not essential in reaching the determination.
j.) The costs of the services of the arbitrator shall be borne equally by the Board and the W.S.O. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.) The costs of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
l.) The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his/her selection and shall issue his/her decision within thirty (30) days after the close of the hearing.
m.) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutions, as to the prior conduct of the other party.precise
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance grievances between the parties covered by this Agreement:
a.) 1. The grievant shall institute action under the provisions hereof in writing, signed and delivered to his/her Assistant Administrative Supervisor and Immediate immediate Supervisor within ten (10) working days of the occurrence complained of or within ten (10) working days after he/she would reasonably be expected to know of its occurrenceof. The grievant’s signed request for a hearing grievant shall contain a statement state the sections of the issue or issues being grievedcontract violated (if filed under B.1) and the remedy sought. Failure to act within said ten (10) 10 days shall be deemed to constitute an abandonment of the grievance.
2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Assistant Administrative Supervisor, in conjunction with the Immediate Supervisor supervisor shall schedule a hearing and render a written decision in writing within ten (10) working days after receipt of the grievance.
a.) 3. Grievances which challenge a decision made above the level of department supervisor shall be brought at the level that the decision was made.
A. In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Department Head Business Administrator within five ten (510) working days following the determination at Step 1. The grievant may be represented by an employee who is a member the Shop ▇▇▇▇▇▇▇ or Local Union Representative. Failure to act within said 10 days shall be deemed to constitute an abandonment of the W.S.O.grievance.
b.) B. The Department Head Business Administrator, or his/her designee, shall hold a hearing and render a written his/her decision in writing within ten (10) working days after receipt of the complaint.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.) A. Should the grievant disagree with the decision of the DirectorBusiness Administrator, or his his/her designee, the aggrieved employee may, within five ten (510) working days, submit to the Board Superintendent, a statement in writing and signed as to the issues in dispute. In Failure to act within said 10 days shall be deemed to constitute an abandonment of the event grievance.
B. The Superintendent may consider the grievant files hisappeal on the written record, or he/her statement with she may request to hold a hearing within six (6) working days of receipt of the Board at least grievance appeal. If the Superintendent elects to conduct a hearing, it shall be held within ten (10) working days prior to from the receipt of the grievance appeal. The Superintendent shall make a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than determination within ten (10) working days before a Board meeting may be heard by from the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision receipt of the Director together with grievance appeal or the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter has been reviewed. If the Board’s decision involves a non-contractual grievance, the decision date of the Board hearing, whichever is later, and shall be finalin writing notify all interested parties of his/her decision.
b.) C. The grievant may be represented by the W.S.O. Local Union Representative or the International Union Representative, or both. A minority organization shall not present or process a grievancegrievances.
a.) A. Any resolved contract unresolved contractual grievance (as defined in B.1, Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission), may be appealed to arbitration only by the W.S.O. Union. The W.S.O. Union must file the request for arbitration within thirty (30) calendar days after the receipt of the BoardSuperintendent’s decision.. Failure to act within said 30 days shall be deemed to constitute an abandonment of the grievance
b.) B. Nothing in this Agreement shall be construed as compelling the W.S.O. Union to submit a grievance to arbitration or to represent an employee before the Civil Service Commissionarbitration. The W.S.O.Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance formUnion.
d.) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following the execution of this agreement. C. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If by agreement between the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Commission; or
3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
f.) The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.) D. The decision or award of the arbitrator shall be final and binding on the BoardEmployer, the W.S.O., Union and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreement.
h.) The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
i.) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation or declaration of opinions which are not essential in reaching the determination.
j.) The costs of the services of the arbitrator shall be borne equally by the Board and the W.S.O. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.) The costs of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
l.) The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his/her selection and shall issue his/her decision within thirty (30) days after the close of the hearing.
m.) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutions, as to the prior conduct of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance grievances between the parties covered by this Agreement:.
a.) 1. Step One. The grievant shall institute action under grievant, through the provisions hereof signed and delivered to Shop ▇▇▇▇▇▇▇, must file the grievance on the approved grievance form with the employee's Division Director or his/her Assistant Administrative Supervisor designee within ten (10) working days of when the employee knew of, or could have reasonably been expected to know of a grievable occurrence, whichever occurred first. The Division Director or designee shall have ten (10) working days to respond in writing to the Shop ▇▇▇▇▇▇▇. Failure to so respond shall constitute a denial of the grievance, and Immediate Supervisor the grievant may proceed to Step Two.
2. Step Two. If the grievance is not been resolved in Step One, the grievant, through the Shop ▇▇▇▇▇▇▇ shall, in writing, present the grievance to the Department Head or his/her designee within ten (10) working days of the occurrence complained receipt by the Shop ▇▇▇▇▇▇▇ of the written response in Step One, or within ten (10) working days after he/she would reasonably be expected to know of its occurrence. The grievant’s signed request for a hearing shall contain a statement of the issue or issues being grievedend of the time allotted for the written response if none is issued. Failure of the Shop ▇▇▇▇▇▇▇ or the grievant to act within said ten (10) days this time shall be deemed to constitute an abandonment of the grievance. The Department Head or designee shall have ten (10) working days to respond in writing to the Shop ▇▇▇▇▇▇▇ about the grievance. Failure to so respond shall constitute a denial of the grievance, and the grievant may be represented by an employee who proceed to Step Three.
3. Step Three. If the grievance is a member not resolved in Step Two, the grievant, through the Shop ▇▇▇▇▇▇▇ shall, in writing, present the grievance to the County Executive or his/hers designee within ten (10) working days of the W.S.O.
b.Shop ▇▇▇▇▇▇▇'▇ receipt of the Step Two response, or within ten (10) working days of the end of the time allotted for the written response if none is issued. Failure of the Shop ▇▇▇▇▇▇▇ or the grievant to act within this time shall constitute and abandonment of the grievance. The Assistant Administrative Supervisor, County Executive or designee shall have ten (10) working days to respond in conjunction with writing to the Immediate Supervisor shall Shop ▇▇▇▇▇▇▇ or schedule a hearing. The hearing and render may be waived, or re-scheduled if mutually agreed in writing. The County Executive or designee shall issue a written decision within ten (10) working days of the receipt of the grievance or of the conclusion of such a hearing if there is one. Failure to so respond shall constitute a denial of the grievance.
4. Any unresolved B.1 grievance may be appealed to arbitration only by the Union, except for B.1 grievances involving the exclusive province of the State Department of Personnel (which is addressed in paragraph B-3). The Union must file the request for arbitration within ten (10) working days after receipt of the grievance.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Department Head within five (5) working days following the determination at Step 13 decision. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Department Head shall hold a hearing and render a written decision within ten (10) working days after receipt of the complaint.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.) Should the grievant disagree with the decision of the Director, or his designee, the aggrieved may, within five (5) working days, submit to the Board a statement in writing and signed as to the issues in dispute. In the event the grievant files his/her statement with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter has been reviewed. If the Board’s decision involves a non-contractual grievance, the decision of the Board shall be final.
b.) The grievant may be represented by the W.S.O. A minority organization shall not present or process a grievance.
a.) Any resolved contract grievance (as defined in B.1, Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request for arbitration within thirty (30) calendar days after the receipt of the Board’s decision.
b.) Nothing in this Agreement shall be construed as compelling the W.S.O. Union to submit a grievance to arbitration or to represent an employee before the Civil Service CommissionState Department of Personnel. The W.S.O.’s Union's decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d.) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following the execution of this agreementUnion. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the Commission's selection procedures of the Public Employment Relations Commission; or
3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
f.) procedures. The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.) . The decision or award of the arbitrator shall be final and binding on the BoardCounty, the W.S.O.Union, and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreement.
h.) Agreement. Disciplinary disputes shall be subject to the grievance procedure herein set forth. The arbitrator may prescribe an appropriate back pay remedy when he he/she finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he he/she may not make an award which exceeds the Board’s County's authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this the Agreement.
i.) . The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement Agreement, and shall confine his/her decision solely to the interpretation and application of this Agreement. He He/she shall confine himself himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he he/she submit observation observations or declaration declarations of opinions which are not essential in reaching the determination.
j.) . The costs of the services of the arbitrator shall be borne equally by the Board and the W.S.O. both parties. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.) . The costs cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
l.) . The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his/her selection and shall issue his/her decision within thirty (30) days after the close of the hearing.
m.) . Grievance resolutions or decisions at Steps step 1 through 4 3 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is in not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutionsresolution, as to the prior conduct of the other party. The arbitrator shall determine the matter on the evidence presented within the meaning of the Agreement.
5. There shall be no loss of pay for any employee for County time spent grievance proceeding by the grievant or witness.
Appears in 1 contract
Sources: Labor Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance between the parties covered by this AgreementStep One:
a.(a) The grievant An aggrieved employee shall institute an action under the provisions hereof signed and delivered to his/her Assistant Administrative Supervisor and Immediate Supervisor within ten (10) working days of the occurrence complained of or by submitting his grievance in writing within ten (10) working days after he/she would reasonably be expected the occurrence upon a form provided by the Union and to know of its occurrence. The grievant’s signed request for a hearing the Shop ▇▇▇▇▇▇▇, who in turn shall contain a statement forthwith file one (1) copy with the Borough's Municipal Clerk and one (1) copy with the immediate Supervisor of the issue or issues being grievedaggrieved employee. Having completed this, an ▇▇▇▇▇▇▇ effort shall be made to settle the differences between the aggrieved employee and his immediate Supervisor for the purpose of resolving the matter informally. Failure to act within said ten (10) days file this grievance in writing as aforesaid shall be deemed to constitute an abandonment of the grievance and shall bar the employee from any right to proceed further with this grievance.
(b) The Supervisor shall render a written decision within five (5) working days after receipt of the grievance. The grievant may Failure to render such written decision within the time provided shall be represented by an employee who is deemed a member denial of the W.S.O.grievance. Step Two:
b.(a) In the event a satisfactory settlement has not been reached with the Supervisor, the employee may appeal his/her grievance to the Council Member in charge of the employee's department (or his/her representative) within ten (10) working days following receipt by the employee of the written determination by the Supervisor. Such appeal shall be in writing signed by the aggrieved employee and delivered to the Council member in charge.
(b) The Assistant Administrative SupervisorCouncil member in charge of the department, in conjunction with the Immediate Supervisor or his or her representative, shall schedule a hearing and render a written decision within ten (10) working days after from his or her receipt of the grievance.
a.) . Failure to render such written decision within the time period shall be deemed a denial of the grievance. Step Three: In the event satisfactory settlement that the grievance has not been reachedresolved at Step Two, the grievant shallemployee may, in writing and signed, file his/her complaint with the Department Head within five fifteen (515) working days following receipt by him or her of the determination at Step 1. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Department Head shall hold a hearing and render a written decision within ten (10) working days after receipt Council member in charge of the complaint.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.) Should the grievant disagree with the decision of the Director, or his designee, the aggrieved may, within five (5) working daysdepartment, submit the matter to the Board a statement in writing and signed as to the issues in disputePublic Employment Relations Commission for binding arbitration. In the event that the grievant files his/her statement with employee shall elect to submit the Board at least ten (10) working days prior to a Board meetinggrievance for binding arbitration, the matter following provisions shall be placed on the agenda for that Board meeting. Statements filed less than ten apply:
(10a) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter has been reviewed. If the Board’s decision involves a non-contractual grievance, the decision of the Board shall be final.
b.) The grievant may be represented by the W.S.O. A minority organization shall not present or process a grievance.
a.) Any resolved contract grievance (as defined in B.1, Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request for arbitration within thirty (30) calendar days after the receipt of the Board’s decision.
b.) Nothing in this Agreement shall be construed as compelling the W.S.O. to submit a grievance to arbitration or to represent an employee before the Civil Service Commission. The W.S.O.’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d.) The An arbitrator shall be selected by agreement between pursuant to the parties within thirty (30) working days following the execution of this agreement. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures rules of the Public Employment Relations Commission; or.
3.(b) The arbitrator shall be bound by selection the parameters of the following grievance definition: Grievance - Any controversy arising from the panel interpretation, application or violation of arbitrators maintained by policies, agreements, and administrative decisions which affect the American Arbitration Association, in accordance with terms and conditions of employment of an employee. The term “grievance” shall not include disciplinary matters where the selection procedures penalty imposed on the employee is greater than five (5) days and appealable to the New Jersey Department of Personnel. All disciplinary matters where the penalty imposed on the employee is greater than five (5) days will be handled under the present provisions of the American Arbitration AssociationNew Jersey Department of Personnel and will not be processed under the grievance procedure herein.
f.) The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.c) The decision or award of the arbitrator shall be final and binding on upon the Board, the W.S.O., and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreementparties.
h.) The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
i.) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation or declaration of opinions which are not essential in reaching the determination.
j.(d) The costs of the services of the arbitrator shall be borne equally by the Board Borough and the W.S.O. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.) The costs of the transcript, if any, will be borne by the party requesting itUnion. If both parties request a transcript, the cost will be shared equally.
l.) The arbitrator shall hold a hearing at a time set forth the findings of fact and place convenient to reasons for making the parties as expeditiously as possible after his/her selection and shall issue his/her decision award within thirty (30) days after the close conclusion of the arbitration hearing.
m.) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding , unless a specific agreement otherwise agreed to that effect is made by the authorized representatives of both parties. This is not to Notwithstanding any procedures for the resolution of disputes, controversies or grievances established by any other statute, the grievance procedure herein established by this agreement between the Borough and the Union shall be construed as limiting utilized for any dispute covered by the right terms of either party to introduce relevant evidencethis agreement or affecting the employees covered hereunder, including such grievance resolutions, as to the prior conduct of the other partyexcept for disciplinary matters.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance grievances between the parties covered by this Agreement:: Step 1
a.) a. The grievant shall institute action under the provisions hereof signed and delivered to and/or his/her shop ▇▇▇▇▇▇▇ shall present the written grievance and a request for a hearing to the appropriate Assistant Administrative Supervisor and Immediate Supervisor within ten twelve (1012) working days of the occurrence complained of or within ten twelve (1012) working days after he/she would reasonably be expected to know of its occurrence. The grievant’s signed request for a hearing shall contain a statement of the issue or issues being grieved. Failure to act within said ten twelve (1012) days shall be deemed to constitute an abandonment of the grievance. The grievant may be represented by an employee who is a member of the W.S.O..
b.) b. The Assistant Administrative Supervisor, in conjunction with the Immediate Supervisor Supervisor, shall schedule a hearing and render a written decision within ten (10) working days after receipt of the grievance.
a.) In a. If the event satisfactory settlement has grievance is not been reachedsettled through Step 1, the grievant shall, same shall be presented in writing and signed, file by the Step 3 Step 4 Step 5 ▇▇▇▇▇▇▇▇ and/or his/her complaint with shop ▇▇▇▇▇▇▇ to the Department Head within five seven (57) working days following the determination at of a written response from Step 1. The grievant may be represented by an employee who is a member of the W.S.O..
b.) b. The Department Head shall hold a hearing and render a written decision within ten (10) working days after receipt of the complaint.
a.) In a. If the event satisfactory settlement has grievance is not been reachedsettled through Step 2, the grievant shall, same shall be presented in writing and signed, file by the grievant and/or his/her complaint with shop ▇▇▇▇▇▇▇ to the Director of Welfare within five seven (57) working days following of the determination at written response from Step 2. The grievant may be represented by an employee who is a member of the W.S.O..
b.) b. The Director of Welfare or his designee, designee shall hold a hearing and render a written decision within ten (10) working days after the receipt of the complaint.
a.) Should a. If the grievant disagree with the decision of the Director, or his designeegrievance is not settled through Step 3, the aggrieved may, within five (5) working days, submit same shall be presented in writing to the Board a statement in writing and signed as to by his/her shop ▇▇▇▇▇▇▇ within seven (7) working days of the issues in disputewritten response from Step 3. In the event the grievant files his/her statement grievance is filed with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements Grievances filed less than ten (10) working days before a Board meeting may shall be heard by the Board at the meeting, that meeting or at the Board’s discretion, placed on the agenda for no later than the following Board meeting. The Board grievant and the Union representatives shall review have the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance right to appear before the Board. The Board will render its written decision within eight (8) 10) working days after the Board meeting at which the matter has been reviewed. If the Board’s decision involves a non-contractual grievance, the decision of the Board shall be final.
b.) b. The grievant may be represented by the W.S.O. Local Union Officers and/or the International Union Representative, or both. A minority organization shall not present or process a grievancegrievances.
a.) a. Any resolved contract unresolved contractual grievance (as defined in B.1, Definitions above) except matters involving appointmentappointments, promotion or assignment, or matters within the exclusive province of the Civil Service Commission, Commission may be appealed to arbitration arbitration. Such appeals may be processed only by the W.S.O. Union. The W.S.O. Union must file the request for arbitration within thirty (30) calendar days after the receipt of the Board’s decision.
b.) b. Nothing in this Agreement shall be construed as compelling the W.S.O. Union to submit a grievance to arbitration or to represent an employee before the Civil Service Commission. The W.S.O.Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.Union.
c.) c. Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules regulations for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d.) The arbitrator d. Should the Union wish to move a grievance to arbitration, the Union shall be selected by agreement between notify the parties within thirty (30) working days following the execution Public Employment Relations Commission of this agreement. The arbitrator shall be selected from same and request a list of arbitrators who are to be furnished to the members Employer and the Union. Selections of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from shall conform to the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Commission; or
3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
f.) e. The parties shall meet at least ten twelve (1012) working days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.) f. The decision or award of the arbitrator shall be final and binding on the Board, the W.S.O.Union, and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreement.
h.) g. The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
i.) h. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his/her his decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he submit observation observations or declaration of opinions opinions, which are not essential in reaching the determination.
j.) i. The costs of the services of the arbitrator shall be borne equally by the Board and the W.S.O. Union. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.) j. The costs cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
l.) k. The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his/her his selection and shall issue his/her his decision within thirty (30) days after the close of the hearing.
m.) l. Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutionsresolution, as to the prior conduct of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving a grievance formal grievances between the parties covered by this Agreement:.
a.) 1. Step One. The grievant shall institute action under grievant, through the provisions hereof signed and delivered to Shop ▇▇▇▇▇▇▇, must file the grievance on the approved grievance form with the employee’s Division Director or his/her Assistant Administrative Supervisor designee within ten (10) working days of when the employee knew of, or could have reasonably been expected to know of the grievable occurrence, whichever occurred first. The Division Director or his/her designee shall have ten (10) working days to respond in writing to the Shop ▇▇▇▇▇▇▇. Failure to respond shall constitute a denial of the grievance, and Immediate Supervisor the grievant may proceed to Step Two.
2. Step Two. If the grievance has not been resolved in Step One, the grievant, through the Shop ▇▇▇▇▇▇▇ shall, in writing, present the grievance to the Department Head or his/her designee within ten (10) working days of the occurrence complained receipt by the Shop ▇▇▇▇▇▇▇ of the written response in Step One, or within ten (10) working days after he/she would reasonably be expected to know of its occurrence. The grievant’s signed request for a hearing shall contain a statement of the issue or issues being grievedend of the time allotted for the written response if none is issued. Failure of the Shop ▇▇▇▇▇▇▇ or the grievant to act within said ten (10) days this time shall be deemed to constitute an abandonment of the grievance. The Department Head or designee shall have ten (10) working days to respond in writing to the Shop ▇▇▇▇▇▇▇ about the grievance. Failure to so respond shall constitute a denial of the grievance, and the grievant may be represented by an employee who proceed to Step Three.
3. Step Three. If the grievance is a member not resolved in Step Two, the grievant through the Shop ▇▇▇▇▇▇▇ shall, in writing, present the grievance to the County Executive or his/her designee within ten (10) working days of the W.S.O.
b.Shop ▇▇▇▇▇▇▇’▇ receipt of the Step Two response, or within ten (10) working days of the end of the time allotted for the written response if none is issued. Failure of the Shop ▇▇▇▇▇▇▇ or the grievant to act within this time shall constitute an abandonment of the grievance. The Assistant Administrative Supervisor, County Executive or designee shall have ten (10) working days to respond in conjunction with writing to the Immediate Supervisor shall Shop ▇▇▇▇▇▇▇ or schedule a hearing. The hearing and render may be waived or re- scheduled if mutually agreed in writing. The County Executive or designee shall issue a written decision within ten (10) working days of the receipt of the grievance or of the conclusion of such a hearing if there is one. Failure to so respond shall constitute a denial of the grievance.
4. Any unresolved B.1. grievance may be appealed to arbitration only by the Union, except for B.1 grievances involving the exclusive province of the State Department of Personnel (which is addressed in paragraph B-3). The union must file the request for arbitration within ten (10) working days after receipt of the grievance.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Department Head within five (5) working days following the determination at Step 13 decision. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Department Head shall hold a hearing and render a written decision within ten (10) working days after receipt of the complaint.
a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O.
b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the complaint.
a.) Should the grievant disagree with the decision of the Director, or his designee, the aggrieved may, within five (5) working days, submit to the Board a statement in writing and signed as to the issues in dispute. In the event the grievant files his/her statement with the Board at least ten (10) working days prior to a Board meeting, the matter shall be placed on the agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter has been reviewed. If the Board’s decision involves a non-contractual grievance, the decision of the Board shall be final.
b.) The grievant may be represented by the W.S.O. A minority organization shall not present or process a grievance.
a.) Any resolved contract grievance (as defined in B.1, Definitions above) except matters involving appointment, promotion or assignment, or matters within the exclusive province of Civil Service Commission, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request for arbitration within thirty (30) calendar days after the receipt of the Board’s decision.
b.) Nothing in this Agreement shall be construed as compelling the W.S.O. Union to submit a grievance to arbitration or to represent an employee before the Civil Service CommissionState Department of Personnel. The W.S.O.Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O.
c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form.
d.) The arbitrator shall be selected by agreement between the parties within thirty (30) working days following the execution of this agreementUnion. The arbitrator shall be selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or
e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows:
1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the selection procedures of the Institute; or
2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the Commission’s selection procedures of the Public Employment Relations Commission; or
3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
f.) procedures. The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
g.) . The decision or award of the arbitrator shall be final and binding on the BoardCounty, the W.S.O.Union, and the grievant or grievants to the extent permitted by and in accordance with applicable law and this agreement.
h.) Agreement. Minor disciplinary disputes shall be subject to the grievance procedure set forth herein. The arbitrator may prescribe an appropriate back pay remedy when he he/she finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he he/she may not make an award which exceeds the BoardCounty’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this the Agreement.
i.) . The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement Agreement, and shall confine his/her decision solely to the interpretation and application of this Agreement. He He/she shall confine himself himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he he/she submit observation observations or declaration declarations of opinions which are not essential in reaching the determination.
j.) . The costs of the services of the arbitrator shall be borne equally by the Board and the W.S.O. both parties. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
k.) . The costs cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
l.) . The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his/her selection and shall issue his/her decision within thirty (30) days after the close of the hearing.
m.) . Grievance resolutions or decisions at Steps Step 1 through 4 3 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives representative of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutionsresolution, as to the prior conduct of the other party. The arbitrator shall determine the matter on the evidence presented within the meaning of the Agreement.
5. There shall be no loss of pay of any employee for County time spent on grievance proceeding by the grievant.
Appears in 1 contract
Sources: Labor Agreement