Common use of Assignment Dispute Procedure Clause in Contracts

Assignment Dispute Procedure. A. The following procedure has been developed for the purpose of expediting a final resolution to claims of violations of this procedure. With this in mind, unless CBP and NTEU agree otherwise (at the national level), it shall serve as the exclusive procedure for addressing such claims. (1) In those cases which an employee or the union believes (s)he has not been assigned in accordance with these procedures, either shall be entitled, upon request, to a face-to-face meeting with the responsible management official to discuss the reasons for the his/her assignment. An employee shall be entitled to be accompanied by one (1) union representative at such meetings. (2) If the meeting in Section 7.A.(1) above does not resolve the matter, the union or employee will notify the Port Director (or designee) in writing of the claimed violation, including the nature of the error and requested remedy, within fourteen (14) calendar days of notice of the assignment decision. (3) If the notification includes a request for a meeting, the Port Director (or designee) will schedule one within seven (7) calendar days of receiving the submission, and the employee and the union representative will be entitled to reasonable travel and per diem, if appropriate, as well as time to travel and attend the meeting. (4) A written decision will be issued by the Port Director (or designee) no later than seven (7) calendar days following the meeting (or receipt of the employees submission if no meeting was requested). The decision shall include an explanation for the decision. (5) If the matter is not resolved to the union’s (or employee’s) satisfaction by the Port Director (or designee), it may be referred in writing to the appropriate Director of Field Operations (or designee) within seven (7) calendar days from the date of decision. The referral must identify the specific deficiency contained in the Port Director’s decision. (6) The Director of Field Operations (or designee) shall provide a final decision on the matter within seven (7) calendar days following receipt of the referral. (7) In the event the Port Director or Director of Field Operations (or designees) determines that absent a management error, the employee should have been provided a different assignment, such assignment shall be made immediately to the extent the assignment is available. If not available, or at the employee’s (or union’s) request, the employee will be placed at the top of the list(s) of work units or assignments for which (s)he bid for placement under Section 6(A)(1) above. In the event more than one employee is placed on these lists in accordance with this procedure, they will be listed in seniority order. Once placed from the bid list, the employee will remain in the position for at least one (1) full bid cycle (i.e., rotation to rotation). (8) If the final decision is not acceptable to the union, it may be submitted to arbitration as if it was a final grievance decision. The parties are encouraged to combine related grievances submitted to arbitration within a port to be heard by a single arbitrator. At a minimum, where necessary to avoid arbitration decisions that could reasonably result in two or more employees being placed in the same position, such grievances will be combined and heard before a single arbitrator. B. Upon request, the time frames contained in the above procedure may be extended by mutual agreement of the involved parties. C. The placement of an employee under this dispute procedure (e.g., through the granting of a grievance or implementation of an arbitration award), or the impact of such a placement on other employees, is not subject to grievance or arbitration.

Assignment Dispute Procedure. A. The following procedure has been developed for the purpose of expediting a final resolution to claims of violations of this procedure. With this in mind, unless CBP and NTEU agree otherwise (at the national level), it shall serve as the exclusive procedure for addressing such claims. (1) In those cases which an employee or the union believes (s)he has not been assigned in accordance with these procedures, either shall be entitled, upon request, to a face-to-face meeting with the responsible management official to discuss the reasons for the his/her assignment. An employee shall be entitled to be accompanied by one (1) union representative at such meetings. (2) If the meeting in Section 7.A.(1) above does not resolve the matter, the union or employee will notify the Port Director (or designee) in writing of the claimed violation, including the nature of the error and requested remedy, within fourteen (14) calendar days of notice of the assignment decision. (3) If the notification includes a request for a meeting, the Port Director (or designee) will schedule one within seven (7) calendar days of receiving the submission, and the employee and the union representative will be entitled to reasonable travel and per diem, if appropriate, as well as time to travel and attend the meeting. (4) A written decision will be issued by the Port Director (or designee) no later than seven (7) calendar days following the meeting (or receipt of the employees submission if no meeting was requested). The decision shall include an explanation for the decision. (5) If the matter is not resolved to the union’s (or employee’s) satisfaction by the Port Director (or designee), it may be referred in writing to the appropriate Director of Field Operations (or designee) within seven (7) calendar days from the date of decision. The referral must identify the specific deficiency contained in the Port Director’s decision. (6) The Director of Field Operations (or designee) shall provide a final decision on the matter within seven (7) calendar days following receipt of the referral.. NTEU CHAPTER 173 xxx.xxxx000.xxx (7) In the event the Port Director or Director of Field Operations (or designees) determines that absent a management error, the employee should have been provided a different assignment, such assignment shall be made immediately to the extent the assignment is available. If not available, or at the employee’s (or union’s) request, the employee will be placed at the top of the list(s) of work units or assignments for which (s)he bid for placement under Section 6(A)(1) above. In the event more than one employee is placed on these lists in accordance with this procedure, they will be listed in seniority order. Once placed from the bid list, the employee will remain in the position for at least one (1) full bid cycle (i.e., rotation to rotation). (8) If the final decision is not acceptable to the union, it may be submitted to arbitration as if it was a final grievance decision. The parties are encouraged to combine related grievances submitted to arbitration within a port to be heard by a single arbitrator. At a minimum, where necessary to avoid arbitration decisions that could reasonably result in two or more employees being placed in the same position, such grievances will be combined and heard before a single arbitrator. B. Upon request, the time frames contained in the above procedure may be extended by mutual agreement of the involved parties. C. The placement of an employee under this dispute procedure (e.g., through the granting of a grievance or implementation of an arbitration award), or the impact of such a placement on other employees, is not subject to grievance or arbitration.