Common use of Time Limits for Filing Clause in Contracts

Time Limits for Filing. No grievance shall be entertained or processed unless it is submitted, in writing, within fifteen (15) business days after the employee concerned became aware, or should have become aware through the use of reasonable diligence, of the occurrence of the event giving rise to the alleged grievance. If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If the District responds and the grievance is not appealed to the next step within the specified time limits set forth above, or any mutually agreed upon extension thereof, it shall it shall be considered settled on the basis of the District's last answer. If the District does not answer a grievance or an appeal thereof within the specified time limits, then the grievance may be treated as denied and shall automatically proceed to the next step, provided that the Union presents the grievance at the next step within fifteen (15) business days from the last date the District's answer at the previous step was due. The time limits in each step may be extended by mutual written agreement of the District and the Union Representative involved in each step. Requests for extensions shall not be unreasonably denied. The term "business days" used in this Article shall mean the days Monday through Friday, inclusive, and shall exclude Saturdays, Sundays, and those holidays on which the District's Administration Building is closed. Whenever the District decides to grant a grievance, the District shall provide the Union with written notice of the decision. With respect to grievances involving money, the District shall provide the Union with information setting forth the complete breakdown of the payment that is to be issued to the employee. When the parties agree to settle a grievance, the parties shall prepare a written settlement agreement and will work to finalize the settlement agreement. In cases where money is involved, the District shall provide the Union with information setting forth the complete breakdown of the settlement payment.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Time Limits for Filing. No grievance shall be entertained or processed unless it is submitted, in writing, submitted at Step 2 within fifteen ten (1510) business calendar days after the occurrence of the event giving rise to the grievance or within ten (10) calendar days after the employee concerned became aware, knows or through the exercise of reasonable diligence should have become aware through the use of reasonable diligence, known of the occurrence of the event giving rise to the alleged grievance. If a the grievance is not presented within the time limits set forth above, it shall be considered "waived." If the District responds and the a grievance is not appealed to the next step within the specified time limits set forth above, limit or any mutually agreed upon extension thereof, it shall it shall be considered settled on the basis of the DistrictCity's last answer. If the District City does not answer a grievance or an appeal thereof within the specified time limits, then the grievant and/or the Union may elect to treat the grievance may be treated as denied at that step and shall automatically proceed immediately appeal the grievance to the next step, provided that step in accordance with the Union presents the grievance at the next step within fifteen (15) business days from the last date the District's answer at the previous step was dueprocedure set forth in this Article. The time limits in each at any step may be extended by the mutual written agreement of the District parties involved at that particular step. Only a grievance which is a dispute or difference of opinion raised by the Labor Council, an employee, or by a group of employees (with regard to a single common issue) covered by this Agreement against the City involving the meaning, interpretation, or application of the express provisions of this Agreement may be referred to binding arbitration. The City retains the right to continue to establish work rules and regulations and such decisions shall not be subject to final and binding arbitration except where such rules and regulations are in conflict with the terms of this Agreement. Any grievance pertaining to rules and regulations involving suspension, demotion or dismissal shall be subject to review under Section 5.10, "Appeals of Suspensions, Demotions or Dismissal." If an eligible grievance is not settled in accordance with the foregoing procedure, the employee or Union may refer the grievance to binding arbitration by submitting a written notice to the City Manager within ten (10) calendar days of receipt of the City Manager's or designated representative's decision. Only grievances which have been authorized by the Labor Council shall be referred to binding arbitration. The City and the Union Representative involved in each step. Requests will file a joint request for extensions shall not be unreasonably denied. The term "business days" used in this Article shall mean a list of nominees for arbitration with the days Monday through Friday, inclusive, Federal Mediation and shall exclude Saturdays, Sundays, and those holidays on which the District's Administration Building is closed. Whenever the District decides to grant a grievance, the District shall provide Conciliation Service within six (6) months after the Union with files the written notice of its intent to refer the decisiongrievance to binding arbitration. With respect to grievances involving moneyIf the joint request is not filed within the time limit set forth above, the District grievance shall provide the Union with information setting forth the complete breakdown of the payment that is to be issued to the employee. When the parties agree to settle a grievance, the parties shall prepare a written settlement agreement and will work to finalize the settlement agreement. In cases where money is involved, the District shall provide the Union with information setting forth the complete breakdown of the settlement paymentconsidered "waived.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Time Limits for Filing. All references to “days” in this Article are to calendar days except that when the final day of any time period in this article falls on a day when the offices of the Society or the Union are closed, the time period shall be extended to the next day when the offices are open. No grievance shall be entertained or processed unless it is submitted, in writing, within fifteen ten (1510) business days after the employee concerned became becomes aware, or should have become aware through the use of reasonable diligence, of the occurrence of the event giving rise to the alleged grievance. If a grievance is not presented within the time limits ten (10) business days as set forth above, it shall be considered "waived." If . This ten (10)-business-day period may be extended by mutual agreement if the District responds and parties are involved in an attempt at informal resolution under Article 14.2. With respect to the other time limits set by this article, if the grievance is not appealed to the next step within the specified time limits set forth above, or any mutually agreed upon extension thereofextension, it shall it shall be considered settled on the basis of the District's Society’s last answer. If the District Society does not answer a grievance or an appeal thereof within the specified time limits, then the Union may elect to treat the grievance may be treated as denied at that step and shall automatically proceed immediately appeal the grievance to the next step, provided that the Union presents the grievance at the next step within fifteen (15) business days from the last date the District's answer at the previous step was due. The time limits in each step may be extended by mutual written agreement of the District Society and the Union. All termination grievances shall be filed at Step 3. STEP 1: Any employee or Union Representative who has a grievance shall submit it in writing to the supervisor involved in the matter. The written grievance shall contain a statement of the facts, the provision or provision(s) of this Agreement which the Society is alleged to have violated, and the relief requested. The supervisor shall give their written response within ten (10) business days after receipt of the grievance. The grievant and the Union Representative involved shall be copied on the Step 1 response. STEP 2: If the grievance is not settled in each step. Requests for extensions Step 1 and the Union wishes to appeal the grievance to Step 2 of the Grievance Procedure, it shall not be unreasonably deniedreferred in writing to the appropriate Curator or Director with a copy to the Vice President of Human Resources within ten (10) business days from receipt of the response at Step 1. The term "Curator or Director or their designee, shall arrange a meeting to discuss the grievance within ten (10) business days" used in this Article days from receipt of the appeal at a time mutually agreeable to the parties, unless there is a mutual agreement to extend the time limits. The meeting shall mean the days Monday through Friday, inclusive, and shall exclude Saturdays, Sundays, and those holidays on which the District's Administration Building is closed. Whenever the District decides to grant a grievance, the District shall provide include the Union with ▇▇▇▇▇▇▇ and/or Representative and the grievant. The Curator or Director or designee, shall transmit a written notice response to the Union within ten (10) business days following their meeting. The grievant and the Union Representative shall be copied on the Step 2 response. STEP 3: If the grievance is not settled in Step 2 and the Union wishes to appeal, it shall be referred, in writing, to the Vice President of Human Resources within ten (10) business days after the receipt of the decisionSociety’s response at Step 2. With respect to grievances involving money, A meeting with the District Vice President of Human Resources and an appropriate manager shall provide the Union with information setting forth the complete breakdown of the payment that is to be issued arranged at a time mutually agreeable to the employee. When parties, but within ten (10) business days from the parties agree receipt of appeal, unless there is a mutual agreement to settle a grievance, extend the parties shall prepare a written settlement agreement and will work to finalize the settlement agreement. In cases where money is involved, the District shall provide the Union with information setting forth the complete breakdown of the settlement paymenttime limits.

Appears in 1 contract

Sources: Collective Bargaining Agreement