GRIEVANCE PROCEDURE (Continued Sample Clauses
GRIEVANCE PROCEDURE (Continued. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator.
21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue 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 shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees.
21.6 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record.
21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.
GRIEVANCE PROCEDURE (Continued. 6. The Board and the Administration will cooperate with any investigation of any grievance, and will furnish such information insofar as possible. Costs, if any, shall be paid by the requesting party. The cost of the copies shall comply with board policy.
7. Forms for filing a grievance and written decisions shall be given appropriate distribution to administrators, supervisors, and teachers. These forms will be readily available in each school office or from an Association representative.
8. The P.R.&R. Committee and such administrative personnel as designated by the Superintendent shall meet at least once annually to discuss and agree upon how grievances are to be handled. Such meetings shall be held prior to or during the first day of the school year. Such meetings shall be co-chaired by the chairman of the P.R.&R. Committee and a designee of the Superintendent and shall be conducted within the regular work day so far as possible.
9. A grievance must be initiated within fifteen (15) days following the act or condition or knowledge of the act which is the basis for said grievance.
10. The number of days indicated at each step shall be considered as maximum. If the aggrieved fails to file the grievance within the time limits specified in the succeeding sections of this procedure, it shall be presumed that said incident or grievance has been resolved. If the responding party fails to comply with any time limit in the succeeding sections of this procedure, the grievance may automatically be appealed to the next step in the grievance procedure. Both parties may, however, in writing, mutually agree to extend the time limits.
11. It shall be mutually agreed that the handling of any professional grievance may be conducted within the regular work day if such can be done without interruption of the students’ educational program.
12. In the event a grievance is carried to Step Four, the grievant and a member of the P.R.&R. Committee shall be granted released time with pay to attend hearings held by the arbiter if the hearing is held within a contract day.
GRIEVANCE PROCEDURE (Continued. Step 1 Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived.
Step 2 Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union ▇▇▇▇▇▇▇ and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer’s written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived.
Step 3 Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived.
Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the U...
GRIEVANCE PROCEDURE (Continued. Resources or designee shall give the Employer's written answer to the Union within ten (10) work days following this meeting.
Step 4. Arbitration - If the grievance is not settled in Step 3, and the Union wishes to refer the grievance to arbitration, the Union shall inform the Employer of its intent to arbitrate within ten (10) work days after the Union's receipt of the Employer's written answer in Step 3. The Union and the Employer will then select an arbitrator either under the alternate striking provisions of Minnesota Statutes 179A.21, Subdivision 2, or by another method mutually agreeable to the Union and the Employer.
(a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the contract. The arbitrator shall consider and decide only the specific issues(s) submitted in writing by the County and the employee and the Union, and shall have no authority to make a decision on any other issue not so submitted.
(b) The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs, by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented.
(c) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the County and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally.
GRIEVANCE PROCEDURE (Continued. F) Any individual employee or group of employees who willfully violate or disregard the grievance procedures set forth herein may be subject to disciplinary action by the City without recourse to the provision of the grievance procedure outlined herein.
GRIEVANCE PROCEDURE (Continued. 18.3.3 If a grievance is not presented within the time limits set forth herein, it shall be considered “waived.” If a grievance is not appealed to the next level within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer.
18.3.4 If the District does not answer a grievance or an appeal thereof within the specified time limit, the Union may elect to process the grievance to the next level. The time limit in each level may be extended by mutual written agreement of the District and the Union in each level.
18.3.5 It is agreed by the Union and the District that if a specific grievance is determined by this grievance process, it shall not again be submitted for consideration under the provision of any other grievance procedure. It is further understood that if a specific grievance is submitted and determined by an arbitrator or by a recognized independent review process other than this procedure, it shall not again be submitted for review and arbitration under the procedures set forth in this article.
GRIEVANCE PROCEDURE (Continued. There shall be no reprisals of any kind taken against any person because of participation in a grievance or complaint or arbitration procedure under this Agreement.
GRIEVANCE PROCEDURE (Continued. 6.02 Any of the time limits specified in the Grievance Procedure may be extended by the mutual agreement of the parties. Where no such agreement has been made or where the agreed extension has expired (a) the grieving employee, or in the case of a Union Grievance, the Union may proceed to the next step of the procedure if the appropriate Board Official exceeds the time allowed for him/her to act, or (b) the Board may consider the grievance abandoned if the grieving employee, or in the case of a Union Grievance, the Union exceeds the time allowed for him/her or the Union to act.
6.03 A complaint or grievance arising directly between the Board and the Union may be initiated by either party commencing with Step 2 within ten (10) working days of the occurrence complained of.
6.04 At any Step of the Grievance Procedure, the number of Union members will be restricted to a maximum of four (4) including the grievor, with the exception of Step 3 at which the number of union members will be restricted to a maximum of seven (7) including the grievor.
6.05 When any employee covered by this Agreement is called to the office to appear before the Manager of Custodial Services or Manager of Maintenance Services or other non-bargaining unit supervisors for the purpose of being disciplined or discharged, he/she shall have a member of the Union Executive with him/her.
6.06 The Board agrees to place copies of any disciplinary letters or documents in each employee's personnel file. A copy of the letter must be given to the employee and to the Union.
GRIEVANCE PROCEDURE (Continued grievance or an appeal thereof within the specified time limits or any agreed to extension, the grievance should be considered settled on the basis of the Union's requested relief. The time limit in each step may be extended by mutual written agreement of the County and the employee Union in each step. The term "days" as used in this Article shall mean the days Monday through Friday inclusive, exclusive of holidays.
GRIEVANCE PROCEDURE (Continued. At the hearing before the City Manager or his/her designee, the grievant may be represented by an Association representative, or an attorney, and may produce on their behalf, relevant oral or documentary evidence. Witnesses may be permitted. The hearing need not be conducted according to the technical rules relating to evidence and witness. The parties may submit opening briefs to the City Manager (or designee) at the commencement of the hearing. Unless otherwise agreed to by the parties, closing briefs will not be permitted. The parties have the right to present a closing argument to the City Manager (or designee) after both parties rest their case. A record of the proceedings shall be maintained, with transcripts to be made available at cost to the grievant. The City Manager (or designee) shall thereafter make written findings of fact and a disposition of the grievance. The decision of the City Manager (or designee) shall be final.