Common use of Adjustment Board Clause in Contracts

Adjustment Board. In the event the Union and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove defined) which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee representatives and three (3) representatives of the City. The Union shall be an indispensable party to any grievance which is submitted to the Adjustment Board. If an Adjustment Board is unable to arrive at a majority decision, either the Union or the City may request that the grievance be referred to the City Manager. The Union or the City may, alternatively, refer the grievance to arbitration. No Adjustment Board or Arbitrator shall entertain, hear or decide any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding of interpretations thereof will be recognized unless agreed to by the City Manager and the Union.

Appears in 4 contracts

Samples: www.alamedaca.gov, www.alamedaca.gov, alamedamgr.files.wordpress.com

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Adjustment Board. In the event the Union Unit and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove defined) which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee representatives representatives, and three (3) representatives of the City. The Union Unit shall be an indispensable party to any grievance which that is submitted to the Adjustment Board. If an Adjustment Board is unable to arrive at a majority decision, either the Union Unit or the City may request that the grievance be referred to the City Manager. The Union Unit or the City may, alternatively, refer the grievance to advisory arbitration. No Adjustment Board or Arbitrator shall entertain, hear hear, or decide any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. Decisions of Adjustment Board on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. No changes in the Memorandum of Understanding of interpretations thereof will be recognized unless agreed to by the City Manager and the UnionUnit.

Appears in 3 contracts

Samples: www.alamedaca.gov, www.alamedaca.gov, www.alamedaca.gov

Adjustment Board. In the event the Union Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove herein above defined) which arises and is presented during the term of this the Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee representatives representatives, and three (3) representatives of the City. The Union Association shall be an indispensable party to any grievance which is submitted to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same. If an Adjustment Board is unable to arrive at a majority decision, either the Union grievant, the Association or the City may request that the grievance be referred to the City Manager. The Union , or the City may, alternatively, refer the grievance to arbitration. No Adjustment Board or Arbitrator shall entertain, hear hear, decide or decide make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove herein above set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto thereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding of or interpretations thereof will be recognized unless agreed to by the City Manager and the UnionAssociation.

Appears in 3 contracts

Samples: Management and Confidential Employees, Management and Confidential Employees, www.alamedaca.gov

Adjustment Board. In the event the Union Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove herein above defined) which arises and is presented during the term of this the Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee representatives representatives, and three (3) representatives of the City. The Union Association shall be an indispensable party to any grievance which is submitted to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same. If an Adjustment Board is unable to arrive at a majority decision, either the Union grievant, the Association or the City may request that the grievance be referred to the City Manager. The Union , or the City may, alternatively, refer the grievance to arbitration. No Adjustment Board or Arbitrator shall entertain, hear hear, decide or decide make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove herein above set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto thereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding of or interpretations thereof will be recognized unless agreed to by the City Manager and the UnionAssociation.

Appears in 3 contracts

Samples: www.alamedaca.gov, www.alamedaca.gov, Management and Confidential Employees

Adjustment Board. In the event the Union Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove herein above defined) which arises and is presented during the term of this the Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee representatives representatives, and three (3) representatives of the City. The Union Association shall be an indispensable party to any grievance which which- is submitted to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same. If an Adjustment Board is unable to arrive at a majority decision, either the Union grievant, the Association or the City may request that the grievance be referred to the City Manager. The Union , or the City may, alternatively, refer the grievance to arbitration. No Adjustment Board or Arbitrator shall entertain, hear hear, decide or decide make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove herein above set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto thereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding of or interpretations thereof will be recognized unless agreed to by the City Manager and the UnionAssociation.

Appears in 1 contract

Samples: www.alamedaca.gov

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Adjustment Board. In the event the Union Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove herein above defined) which arises and is presented during the term of this the Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three two (32) employee representatives representatives, and three two (32) representatives of the City. The Union Association shall be an indispensable party to any grievance which is submitted to the Adjustment Board. The Adjustment Board shall meet and review the position of the Association and the City regarding the grievance. If the Adjustment Board unanimously agrees on a resolution to the grievance or the ACEA and the City appointed member agree, that resolution shall be final. If an Adjustment Board is unable to arrive at a majority decision, resolution either the Union grievant, the Association or the City may request request, within 14 calendar days, that the grievance be referred to the City Manager. The Union , or the City may, alternatively, refer the grievance to arbitration. No Adjustment Board or Arbitrator shall entertain, hear hear, decide or decide make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove herein above set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto thereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding of or interpretations thereof will be recognized unless agreed to by the City Manager and the UnionAssociation and accepted by the City Council.

Appears in 1 contract

Samples: Alameda City Employees

Adjustment Board. In the event the Union Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove herein above defined) which arises and is presented during the term of this the Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee representatives representatives, and three (3) representatives of the City. The Union Association shall be an indispensable party to any grievance which which-is submitted to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same. If an Adjustment Board is unable to arrive at a majority decision, either the Union grievant, the Association or the City may request that the grievance be referred to the City Manager. The Union , or the City may, alternatively, refer the grievance to arbitration. No Adjustment Board or Arbitrator shall entertain, hear hear, decide or decide make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove herein above set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto thereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding of or interpretations thereof will be recognized unless agreed to by the City Manager and the UnionAssociation.

Appears in 1 contract

Samples: www.alamedaca.gov

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