Common use of Submission of Grievance Clause in Contracts

Submission of Grievance. A. An aggrieved employee shall have the right to process his/her grievance individually or with the assistance of the FOP. The FOP Board of Directors may also assign a case representative. B. Within ninety-six (96) hours of the date and time the employee first became aware of a grievable event or, if applicable, the date and time the employee received a Disciplinary Action Letter, the employee or his/her representative must take the following action(s): 1. Hand-deliver the written grievance to the Chief Deputy or his/her designee. 2. Place the written grievance in the department mail slot for the Chief Deputy or his/her designee if the grievance cannot be hand-delivered. If the grievance is not hand-delivered, the employee or his/her representative must verbally notify the Chief Deputy that a written grievance has been filed. C. From the time the Chief Deputy or his/her designee first becomes aware that a grievance has been filed, he/she shall have ninety-six (96) hours to respond in writing to the grievance. The grievance shall be considered denied if the Chief Deputy or his/her designee fails to respond within this period. D. If the Chief Deputy or his/her designee denies the grievance, the employee may continue in the grievance process except for the disqualifications listed in Article 5, Section 3: Non-Sworn Employee: a. A non-sworn employee may file a grievance with the Personnel Policy Board. This action must occur within fifteen (15) calendar days after the Chief Deputy or his/her designee responds to the grievance or within 15 calendar days from the time the Chief Deputy’s ninety-six (96) hour period specified in Section E expires. b. The Personnel Policy Board will conduct a hearing to review the records of the case within thirty (30) calendar days or as soon thereafter that a quorum can be assembled from the date of the grievance. Testimony will be presented as outlined in the Personnel rules and regulations. c. The Personnel Policy Board shall issue a written decision to all parties by no later than thirty (30) calendar days from the date of the hearing. The decision of the Personnel Policy Board will be binding on all parties. The Personnel Policy Board may approve or deny the appeal, or make revisions to the corrective action. However, revisions may not increase the disciplinary action to include dismissal of the employee. E. Time limitations can be waived or extended by written mutual agreement of the parties.

Submission of Grievance. 30 1. Each formal grievance shall be submitted in writing on the form attached hereto as 31 Appendix A. An The formal grievance shall state the facts giving rise to the grievance, the 32 specific contract provision(s) violated and the remedy sought. 34 2. A grievance will be deemed waived unless submitted in writing fourteen (14) days after 35 the event or condition constituting the alleged grievance or an employee becomes aware 36 or should have reasonably become aware that he/she has an alleged grievance. 37 D. INFORMAL PROCEDURE 38 39 Before submitting a formal grievance, an aggrieved employee shall have person must first attempt to resolve 40 the right to process matter with his/her grievance individually or immediate supervisor. Any informal resolution shall be in writing, signed 41 by the Site Director and the Grievant, with a copy to the Union and the State Director. 1 E. FORMAL PROCEDURE 2 1. Level One – Site Director 4 a. If an aggrieved person is not satisfied with the assistance outcome of the FOP5 informal procedure, he/she may present a formal grievance to the 6 Site Director. A grievance will be deemed waived unless submitted 7 in writing fourteen (14) days after the event or condition constituting 8 the alleged grievance. 10 b. The FOP Site Director/designee shall, within seven (7) days after 11 receipt of the formal grievance, render a decision and the reasons 12 therefore in writing to the aggrieved person. 13 2. Level Two – Board of Directors may also assign a case representative.Directors/Grievance Committee B. Within ninety-six 15 a. If the aggrieved person is not satisfied with the resolution at Level One or 16 if no answer is received, he/she may, within seven (967) hours days after the 17 answer was due, appeal the grievance to the Chair of the date and time the employee first became aware Board of a grievable event 18 Directors or, if applicable, to the date and time Grievance Committee of the employee received a Disciplinary Action LetterBoard of 19 Directors. CDS will provide MSEA annually, or as needed, the employee or his/her representative must take current list 20 of Chairs and/or Grievance Committees at this level and their mailing 21 addresses. 23 b. If the following action(s): 1. Hand-deliver the written grievance appeal is to the Chief Deputy or his/her designee. 2. Place Board of Directors, the written grievance in Board of Directors shall, at 24 its next Board of Directors meeting, meet with the department mail slot aggrieved person for 25 the Chief Deputy or his/her designee if purpose of resolving the grievance cannot be hand-deliveredgrievance. If the grievance is not hand-deliveredreceived within 26 seven (7) days of the next scheduled meeting, the employee Board of Directors may 27 defer the grievance to the following meeting or his/her representative must verbally notify schedule a special meeting 28 at its discretion. If the Chief Deputy that a written appeal is to the Grievance Committee, the 29 Grievance Committee shall meet with the aggrieved person within 30 days 30 of receipt of the grievance has been filedfor the purpose of resolving the grievance. C. From 32 c. The Board of Directors/Grievance Committee shall, within seven (7) days 33 after the time meeting, render a decision and the Chief Deputy reasons therefore, in writing, 34 to the aggrieved person, with a copy to the Union and the Site Director. 35 3. Level Three – State Director 37 a. If the aggrieved person is not satisfied with the resolution of the grievance 38 at Level Two or his/her designee first becomes aware that a grievance has been filedif no answer is received, he/she may, within seven (7) 39 days after the answer was due, appeal the grievance to the State Director. 41 b. The State Director/designee shall have ninety-six meet with the aggrieved person for the 42 purpose of reviewing the grievance within fourteen (9614) hours to respond in writing to days of receiving 43 the grievance. 44 1 c. The grievance shall be considered denied if the Chief Deputy or State Director/designee shall, within seven (7) days after such 2 meeting, render his/her designee fails decision and the reasons therefore, in writing, to respond within this period3 the aggrieved person. D. If the Chief Deputy or his/her designee denies the grievance, the employee may continue in the grievance process except for the disqualifications listed in Article 5, Section 3: Non-Sworn Employee: a. A non-sworn employee may file a grievance with the Personnel Policy Board. This action must occur within fifteen (15) calendar days after the Chief Deputy or his/her designee responds to the grievance or within 15 calendar days from the time the Chief Deputy’s ninety-six (96) hour period specified in Section E expires. b. The Personnel Policy Board will conduct a hearing to review the records of the case within thirty (30) calendar days or as soon thereafter that a quorum can be assembled from the date of the grievance. Testimony will be presented as outlined in the Personnel rules and regulations. c. The Personnel Policy Board shall issue a written decision to all parties by no later than thirty (30) calendar days from the date of the hearing. The decision of the Personnel Policy Board will be binding on all parties. The Personnel Policy Board may approve or deny the appeal, or make revisions to the corrective action. However, revisions may not increase the disciplinary action to include dismissal of the employee. E. Time limitations can be waived or extended by written mutual agreement of the parties.