Submission of Grievances and Responses. All grievances and requests for arbitration must be submitted to the Employer’s Director of Finance and Human Resources or designee, who will be responsible for distributing the grievance or request to the appropriate Employer representative for response. All Employer responses will be submitted to the Union President. Grievances challenging disciplinary action may be asserted by an employee or by the Union on behalf of one or more employees; all other grievances may be asserted only by the Union. STEP ONE: Regardless of the status of any informal discussion, a grievance must be submitted within twenty-eight (28) calendar days from the date the employee(s) or the Union became aware or should have become aware that contractual rights were violated. The appropriate Manager shall respond to the grievance in writing within fourteen (14) calendar days of its receipt. STEP TWO: Should Step One fail to resolve the grievance, within fourteen (14) calendar days following receipt of the Step Two response, the Union will submit the grievance for consideration by the Director or designee. The Director shall respond to the grievance in writing within fourteen (14) calendar days of its receipt. STEP THREE ARBITRATION: If the Union is dissatisfied with the decision of the Director, within thirty (30) calendar days following receipt of the Step Three response, the Union shall submit a written request for arbitration, setting forth the specific question to be arbitrated. In the event the parties are unable to agree upon an arbitrator within seven (7) calendar days of the Union’s written request, the Union will request that the American Arbitration Union provide a list of nine (9) qualified and approved arbitrators from Washington and/or Oregon. Within fourteen (14) calendar days following the receipt of the list of eligible arbitrators, the parties’ representatives shall meet or confer to select an arbitrator. The parties shall each strike four (4) arbitrators from the list in an alternating order, and the remaining arbitrator shall hear the dispute. The party exercising the first strike shall be the loser of a flip of a coin. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, however, shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific grievance submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The Arbitrator's fees and expenses, the cost of any hearing room, and the cost of an original transcript if ordered by both parties, shall be borne equally by the Employer and the Union. All other costs and expenses, including attorneys’ fees, shall be borne by the parties incurring them.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Submission of Grievances and Responses. All grievances and requests for arbitration must be submitted to the Employer’s Director of Finance and Human Resources or designee, who will be responsible for distributing the grievance or request to the appropriate Employer representative for response. All Employer responses will be submitted to the Union President. Grievances challenging disciplinary action may be asserted by an employee or by the Union on behalf of one or more employees; all other grievances may be asserted only by the Union. STEP ONE: Regardless of the status of any informal discussion, a grievance must be submitted within twenty-eight (28) calendar days from the date the employee(s) or the Union became aware or should have become aware that contractual rights were violated. The appropriate Manager shall respond to the grievance in writing within fourteen (14) calendar days of its receipt. STEP TWO: Should Step One fail to resolve the grievance, within fourteen (14) calendar days following receipt of the Step Two response, the Union will submit the grievance for consideration by the Director or designee. The Director shall respond to the grievance in writing within fourteen (14) calendar days of its receipt. STEP THREE ARBITRATION: If the Union is dissatisfied with the decision of the Director, within thirty (30) calendar days following receipt of the Step Three response, the Union shall submit a written request for arbitration, setting forth the specific question to be arbitrated. In the event the parties are unable to agree upon an arbitrator within seven (7) calendar days of the Union’s written request, the Union will request that the American Arbitration Union provide a list of nine (9) qualified and approved arbitrators from Washington and/or Oregon. Within fourteen (14) calendar days following the receipt of the list of eligible arbitrators, the parties’ representatives shall meet or confer to select an arbitrator. The parties shall each strike four (4) arbitrators from the list in an alternating order, and the remaining arbitrator shall hear the dispute. The party exercising the first strike shall be the loser of a flip of a coin. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, however, shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He/she They shall consider and decide only the specific grievance submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The Arbitrator's fees and expenses, the cost of any hearing room, and the cost of an original transcript if ordered by both parties, shall be borne equally by the Employer and the Union. All other costs and expenses, including attorneys’ fees, shall be borne by the parties incurring them. EMPLOYEES' BILL OF RIGHTS All employees within the bargaining unit shall be entitled to the protection of what shall hereinafter be termed as the "Employees Bill of Rights" as set forth below, which shall be added to the present Rules and Regulations of the Employer. The wide-ranging powers and duties given to Snohomish County 911 and its members involve them in all manner of contacts and relationships with the public. From these contacts come many questions concerning the actions of members of Snohomish County 911. These questions often require immediate investigation by the Director of Snohomish County 911 or their designee. In criminal matters an employee shall be afforded those constitutional rights available to any citizen. In matters relating to job performance, the following guidelines shall be followed: Before any fact-finding inquiry, an employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Any fact-finding inquiries of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. Where practicable, interrogations shall be scheduled for the daytime. Any fact-finding inquires (which shall not violate the employee's constitutional rights) shall take place at Snohomish County 911 except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of their own choosing or a representative of the Union may be present during the inquiries. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions as they shall request for personal necessities, meals, telephone calls and rest periods. The employee shall not be subjected to any offensive language, nor shall they be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain their resignation, nor shall he be intimidated in any other manner. No promises or rewards shall be made as an inducement to answer questions. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment in positions covered by this Agreement. The Employer shall maintain one official personnel file. Employee evaluations and disciplinary material shall only be placed in the file after the same has been presented to the employee and the presentation has been acknowledged by signature of the employee or the supervisor/manager presenting the evaluation or discipline. Employees may petition the Employer to remove or modify information in their personnel files. The Employer will determine if irrelevant or erroneous information exists and remove all such information from the file. If the Employer does not agree with a request for removal, the employee may submit a statement of rebuttal or correction for entry into the record. Performance improvement plans and documents memorializing performance coaching and counseling provide notice of performance issues and expectations. Such documents are not considered discipline, are not a step in a progressive discipline process, and are not subject to the grievance process. They will not be included in an employee’s official personnel file unless they are used to support discipline at the level of a written reprimand or above, but may be maintained in a supervisory working file. Documents will be removed from the supervisory working file at the time of the employee’s annual review unless the supervisor, Human Resources or the Operations Manager deems them relevant to the Employee’s ongoing performance.
Appears in 1 contract
Sources: Collective Bargaining Agreement