Basic Rules. A. If an employee does not present a grievance/appeal or does not appeal the decision rendered regarding his or her grievance/appeal within the time limits, the grievance/appeal shall be considered resolved. B. If a County representative does not render a decision to the employee within the time limits, the employee may within seven (7) calendar days thereafter appeal to the next step in the procedure. C. If it is the judgment of any County representative that he or she does not have the authority to resolve the grievance/appeal, he or she may refer it to the next step in the procedure. By mutual agreement of the County and the employee or ACLEM any step of the grievance procedure may be waived. D. The Chief Human Resources Officer may temporarily suspend grievance/appeal processing on a section-wide, unit-wide, division-wide, department-wide or County-wide basis in an emergency situation. ACLEM may appeal this decision to the Board of Supervisors. E. Upon written consent of the parties, i.e., the representatives of the County and the employee or his or her representative, the time limits at any step in the procedure may be extended. F. Every reasonable effort shall be made by the employee and the County to resolve a grievance/appeal at the lowest possible step in the grievance/appeal procedure. G. No claim shall be granted for retroactive adjustment of any grievance prior to sixty (60) calendar days from the date of filing the written grievance at Step 1. H. A grievance alleging discrimination shall first be referred to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant, or his/her representative if represented, shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination shall automatically be tolled until the EEO Office has notified the grievant and/or his/her representative of the disposition of the allegation(s), at which point the time limits for processing the grievance shall resume.
Appears in 6 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Basic Rules. A. If an employee does not present a grievance/appeal or does not appeal the decision rendered regarding his or her grievance/appeal within the time limits, the grievance/appeal shall be considered resolved.
B. If a County representative does not render a decision to the employee within the time limits, the employee may within seven fourteen (714) calendar days thereafter appeal to the next step in the procedure.
C. If it is the judgment of any County management representative that he or she does not have the authority to resolve the grievance/appeal, he or she may refer it to the next step in the procedure. By mutual agreement of the County and the employee or ACLEM AOCDS any step of the grievance procedure may be waived.
D. The Chief Human Resources Officer may temporarily suspend grievance/appeal processing on a section-wide, unit-wide, division-wide, departmentDepartment-wide or County-wide basis in an emergency situation. ACLEM AOCDS may appeal this decision to the Board of Supervisors.
E. Upon written consent of the parties, i.e., the representatives of the County and the employee or his or her representative, the time limits at any step in the procedure may be extended.
F. Every reasonable effort shall be made by the employee and the County to resolve a grievance/appeal at the lowest possible step in the grievance/appeal procedure.
G. No claim shall be granted for retroactive adjustment of any grievance prior to sixty (60) calendar days from the date of filing the written grievance at Step 1.
H. A The County grievance alleging discrimination files shall first be referred confidential, except that this shall not restrict any access that either party might otherwise have to the other's files.
I. If, within three hundred sixty-five (365) days of the initial request for a grievance/appeal, the County Equal Employment Opportunity (EEO) Office for intakeand AOCDS have not yet calendared the final applicable step in the grievance/appeal process, review, and including arbitration if applicable, investigationthe grievance is considered withdrawn and resolved. This three hundred sixty-five (365) day time limitation applies to any and all types of grievances, including, but not limited to, disciplinary appeals. It also applies to the calendaring of any and all arbitrations, regardless of whether arbitration is the final step or the only appeal in the grievance/ appeal process. The grievantfinal step in the grievance/appeal process and arbitration need not actually occur within the three hundred sixty-five (365) day window, or his/her representative if represented, shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination shall automatically be tolled until the EEO Office has notified the grievant and/or his/her representative of the disposition of the allegation(s), at which point the time limits for processing the grievance shall resumeprovided they are timely calendared as required herein.
Appears in 4 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Basic Rules. A. If an employee does not present a grievance/appeal or does not appeal the decision rendered regarding his or her grievance/appeal within the time limits, the grievance/appeal The procedure in this section shall be considered resolvedthe exclusive means for the disposition of all written grievances arising under this Memorandum, and the County shall not be liable to the Association or to any employee in any respect except as may be determined under said procedure.
B. If Any employee (meaning a grievant), as that term is defined above, may file a grievance or may authorize by signature the filing of grievance on his behalf without fear of restraint, interference, coercion, discrimination or reprisal.
C. Association Representatives shall not be discriminated against in their employment relationship because of their activity in the investigation and processing of grievances on behalf of other employees. This section shall not be construed to confer any special privileges to Association Representatives nor to relieve them of their obligation to fully perform all of the duties of their County representative does not render position in a decision timely and competent manner.
D. Formal grievance forms shall be made available to the employee within through the time limitsHuman Resources Department, other County departments and the Association, and all formal grievances shall be submitted on these forms. Any changes in the form shall be by mutual agreement.
E. Formal grievance forms shall be complete upon filing and must explicitly specify the policy or the particular section of the agreement, rule, resolution, or ordinance, the employee may within seven (7) calendar days thereafter appeal to violation of which is being alleged as the next step basis for the grievance. The remedy requested must also be specified. No modifications in the procedure.
C. If it is the judgment of any County representative that he or she does not have the authority violation being alleged shall be made subsequent to resolve the grievance/appeal, he or she may refer it filing unless mutually agreed to the next step in the procedure. By mutual agreement of by both the County and the grievant, or his Association Representative.
F. The employee has the right to the assistance of one Association Representative in the preparation and/or presentation of his written grievance. An employee is also entitled to represent himself individually at any step of the formal grievance procedure, provided, however, supervisory employees shall not represent non- supervisory employees where such activity results in a conflict of interest and further provided that the employee may not change his designation of representation other than designating himself during the grievance procedure. In the event the Association determines there is no violation or ACLEM the proposed settlement is just, the Association is not under an obligation to represent a grievant beyond Step 3 of this procedure. If the employee is represented in a formal grievance meeting, the department may designate a management representative to be present in such meeting.
G. The grievant may withdraw the grievance at any stage of the formal grievance procedure by affixing his signature in the proper space on the Human Resources Department's copy of the grievance form which shall then become a part of the Human Resources Department's records.
H. If the employee's grievance is resolved at Step 1, 2, or 3 in the formal grievance procedure, as provided in subsection 7, the matter will be closed and the grievance resolved at that step. The grievant(s) concerned shall indicate acceptance of the resolution of the grievance by affixing his signature in the appropriate space indicated on the Human Resources Department's copy of the formal grievance form.
I. By mutual agreement, the parties may revert the grievance to a prior level for reconsideration. In such an event, the grievant shall have the rights of appeal set forth in this section, if the grievance is not settled at the prior level.
J. Employees with common supervision and with essentially identical grievances, including remedy, may initiate a single grievance. Employees with essentially similar grievances may be required, at the County's discretion, to consolidate to a single proceeding at Steps 3 through 6 of the formal grievance procedure.
K. By mutual agreement, the parties may waive any step of the grievance procedure may be waivedincluded in subsection 6 or 7.
D. The Chief Human Resources Officer may temporarily suspend grievance/appeal processing on a section-wide, unit-wide, division-wide, department-wide or County-wide basis in an emergency situation. ACLEM may appeal this decision to L. All terms used herein will have the Board of Supervisors.
E. Upon written consent of the parties, i.e., the representatives of the County and the employee or his or her representative, the time limits at any step meaning as defined in the procedure may be extendedCounty's Employer-Employee Resolution when used in connection with this document, unless the context indicates or dictates otherwise.
F. Every reasonable effort shall be made by the employee and the County to resolve a grievance/appeal at the lowest possible step in the grievance/appeal procedure.
G. No claim shall be granted for retroactive adjustment of any grievance prior to sixty (60) calendar days from the date of filing the written grievance at Step 1.
H. A grievance alleging discrimination shall first be referred to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant, or his/her representative if represented, shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination shall automatically be tolled until the EEO Office has notified the grievant and/or his/her representative of the disposition of the allegation(s), at which point the time limits for processing the grievance shall resume.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Basic Rules. A. If an employee does not present a grievance/appeal or does not appeal the decision rendered regarding his or her grievance/appeal within the time limits, the grievance/appeal shall be considered resolved.
B. If a County representative does not render a decision to the employee within the time limits, the employee may within seven (7) calendar days thereafter appeal to the next step in the procedure.
C. If it is the judgment of any County management representative that he or she does not have the authority to resolve the grievance/appeal, he or she may refer it to the next step in the procedure. By mutual agreement of the County and the employee or ACLEM OCEA, any step of the grievance procedure may be waived.
D. The Chief Human Resources Officer of Employee Relations may temporarily suspend grievance/appeal processing on a section-wide, unit-wide, division-wide, department-wide or County-wide basis in an emergency situation. ACLEM OCEA may appeal this decision to the Board of Supervisors.
E. A grievance alleging discrimination shall first be referred to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant/appellant and, if applicable, the OCEA representative shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination may be held in abeyance by mutual agreement until the EEO Office has completed its intake, review, and if applicable, investigation. Once the EEO Office has completed the intake, review, and if applicable, investigation, the grievant/appellant and, if applicable, the OCEA representative shall be notified in writing and the time limits for processing the grievance shall resume, unless timelines are extended by mutual agreement.
F. Upon written consent of the parties, parties (i.e., the representatives of the County and the employee or his or her representative), the time limits at any step in the procedure may be extended.
F. G. Every reasonable effort shall be made by the employee and the County to resolve a grievance/appeal at the lowest possible step in the grievance/appeal procedure.
G. H. No claim shall be granted for retroactive adjustment of any grievance prior to sixty (60) calendar days from the date of filing the written grievance at Step 1grievance.
H. A grievance alleging discrimination I. In order to encourage xxxxx discussion and compromise in attempting to resolve grievances and other labor disputes, the County and OCEA agree that the files of the respective parties concerning such matters shall first be referred confidential, except that this shall not restrict any access that either party might otherwise have to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant, or his/her representative if represented, shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination shall automatically be tolled until the EEO Office has notified the grievant and/or his/her representative of the disposition of the allegation(s), at which point the time limits for processing the grievance shall resumeother's files.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Basic Rules. A. If an employee does not present a grievance/appeal or does not appeal the decision rendered regarding his or her grievance/appeal within the time limits, the grievance/appeal shall be considered resolved.
B. If a County representative does not render a decision to the employee within the time limits, the employee may within seven (7) calendar days thereafter appeal to the next step in the procedure.
C. If it is the judgment of any County management representative that he or she does not have the authority to resolve the grievance/appeal, he or she may refer it to the next step in the procedure. By mutual agreement of the County and the employee or ACLEM OCEA, any step of the grievance procedure may be waived.
D. The Chief Human Resources Officer of Employee Relations may temporarily suspend grievance/appeal processing on a section-wide, unit-wide, division-wide, department-agencydepartment- wide or County-wide basis in an emergency situation. ACLEM OCEA may appeal this decision to the Board of Supervisors.
E. Upon written consent of the parties, i.e., the representatives of the County and the employee or his or her representative, the time limits at any step in the procedure may be extended.
F. Every reasonable effort shall be made by the employee and the County to resolve a grievance/appeal at the lowest possible step in the grievance/appeal procedure.
G. No claim shall be granted for retroactive adjustment of any grievance prior to sixty (60) calendar days from the date of filing the written grievance at Step 1.
H. A grievance alleging discrimination shall first be referred to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant/appellant and, or his/her if applicable, the OCEA representative if represented, shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination shall automatically may be tolled held in abeyance by mutual agreement until the EEO Office has completed its intake, review, and if applicable, investigation. Once the EEO Office has completed the intake, review, and if applicable, investigation, the grievant/appellant and, if applicable, the OCEA representative shall be notified the grievant and/or his/her representative of the disposition of the allegation(s), at which point in writing and the time limits for processing the grievance shall resume, unless timelines are extended by mutual agreement.
Appears in 1 contract
Samples: Memorandum of Understanding
Basic Rules. A. If an employee does not present a grievance/appeal or does not appeal the decision rendered regarding his or her grievance/appeal within the time limits, the grievance/appeal shall be considered resolved.
B. If a County representative does not render a decision to the employee within the time limits, the employee may within seven (7) calendar days thereafter appeal to the next step in the procedure.
C. If it is the judgment of any County management representative that he or she does not have the authority to resolve the grievance/appeal, he or she may refer it to the next step in the procedure. By mutual agreement of the County and the employee or ACLEM OCEA, any step of the grievance procedure may be waived.
D. The Chief Human Resources Officer of Employee Relations may temporarily suspend grievance/appeal processing on a section-wide, unit-wide, division-wide, department-wide or County-wide basis in an emergency situation. ACLEM OCEA may appeal this decision to the Board of Supervisors.
E. A grievance alleging discrimination shall first be referred to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant/appellant and, if applicable, the OCEA representative shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination may be held in abeyance by mutual agreement until the EEO Office has completed its intake, review, and if applicable, investigation. Once the EEO Office has completed the intake, review, and if applicable, investigation, the grievant/appellant and, if applicable, the OCEA representative shall be notified in writing and the time limits for processing the grievance shall
F. Upon written consent of the parties, (i.e., the representatives of the County and the employee or his or her representative, ) the time limits at any step in the procedure may be extended.
F. G. Every reasonable effort shall be made by the employee and the County to resolve a grievance/appeal at the lowest possible step in the grievance/appeal procedure.
G. H. No claim shall be granted for retroactive adjustment of any grievance prior to sixty (60) calendar days from the date of filing the written grievance at Step 1grievance.
H. A grievance alleging discrimination I. In order to encourage xxxxx discussion and compromise in attempting to resolve grievances and other labor disputes, the County and OCEA agree that the files of the respective parties concerning such matters shall first be referred confidential, except that this shall not restrict any access that either party might otherwise have to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant, or his/her representative if represented, shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination shall automatically be tolled until the EEO Office has notified the grievant and/or his/her representative of the disposition of the allegation(s), at which point the time limits for processing the grievance shall resumeother's files.
Appears in 1 contract
Samples: Memorandum of Understanding
Basic Rules. A. If an employee does not present a grievance/appeal or does not appeal the decision rendered regarding his or her grievance/appeal within the time limits, the grievance/appeal The procedure in this section shall be considered resolvedthe exclusive means for the disposition of all written grievances arising under this Memorandum, and the County shall not be liable to the Union or to any employee in any respect except as may be determined under said procedure.
B. If Any employee (meaning a grievant), as that term is defined above, may file a grievance or may authorize by signature the filing of grievance on his behalf without fear of restraint, interference, coercion, discrimination or reprisal.
C. Union stewards shall not be discriminated against in their employment relationship because of their activity in the investigation and processing of grievances on behalf of other employees. This section shall not be construed to confer any special privileges to Union stewards nor to relieve them of their obligation to fully perform all of the duties of their County representative does not render position in a decision timely and competentmanner.
D. Formal grievance forms shall be made available to the employee within through the time limitsHuman Resources Department, other County departments and the Union, and all formal grievances shall be submitted on these forms. Any changes in the form shall be by mutual agreement.
E. Formal grievance forms shall be complete upon filing and must explicitly specify the policy or the particular section of the agreement, rule, resolution, or ordinance, the employee may within seven (7) calendar days thereafter appeal to violation of which is being alleged as the next step basis for the grievance. The remedy requested must also be specified. No modifications in the procedure.
C. If it is the judgment of any County representative that he or she does not have the authority violation being alleged shall be made subsequent to resolve the grievance/appeal, he or she may refer it filing unless mutually agreed to the next step in the procedure. By mutual agreement of by both the County and the grievant, or his Union Representative.
F. The employee has the right to the assistance of one Union xxxxxxx in addition to the Union staff representative in the preparation and/or presentation of his written grievance. An employee is also entitled to represent himself individually at any step of the formal grievance procedure, provided, however, supervisory employees shall not represent non-supervisory employees where such activity results in a conflict of interest and further provided that the employee may not change his designation of representation other than designating himself during the grievance procedure. In the event the Union determines there is no violation or ACLEM the proposed settlement is just, the Union is not under an obligation to represent a grievant beyond Step 3 of this procedure. If the employee is represented in a formal grievance meeting, the department may designate a management representative to be present in such meeting.
G. The grievant may withdraw the grievance at any stage of the formal grievance procedure by affixing his signature in the proper space on the Human Resources Department's copy of the grievance form which shall then become a part of the Human Resources Department's records.
H. If the employee's grievance is resolved at Step 1, 2, or 3 in the formal grievance procedure, as provided in subsection 7, the matter will be closed and the grievance resolved at that step. The grievant(s) concerned shall indicate acceptance of the resolution of the grievance by affixing his signature in the appropriate space indicated on the Human Resources Department's copy of the formal grievance form.
I. By mutual agreement, the parties may revert the grievance to a prior level for reconsideration. In such an event, the grievant shall have the rights of appeal set forth in this section, if the grievance is not settled at the prior level.
J. Employees with common supervision and with essentially identical grievances, including remedy, may initiate a single grievance. Employees with essentially similar grievances may be required, at the County's discretion, to consolidate to a single proceeding at Steps 3 through 6 of the formal grievanceprocedure.
K. By mutual agreement, the parties may waive any step of the grievance procedure may be waivedincluded in subsection 6 or 7.
D. The Chief Human Resources Officer may temporarily suspend grievance/appeal processing on a section-wide, unit-wide, division-wide, department-wide or County-wide basis in an emergency situation. ACLEM may appeal this decision to L. All terms used herein will have the Board of Supervisors.
E. Upon written consent of the parties, i.e., the representatives of the County and the employee or his or her representative, the time limits at any step meaning as defined in the procedure may be extendedCounty's Employer- Employee Resolution when used in connection with this document, unless the context indicates or dictates otherwise.
F. Every reasonable effort shall be made by the employee and the County to resolve a grievance/appeal at the lowest possible step in the grievance/appeal procedure.
G. No claim shall be granted for retroactive adjustment of any grievance prior to sixty (60) calendar days from the date of filing the written grievance at Step 1.
H. A grievance alleging discrimination shall first be referred to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant, or his/her representative if represented, shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination shall automatically be tolled until the EEO Office has notified the grievant and/or his/her representative of the disposition of the allegation(s), at which point the time limits for processing the grievance shall resume.
Appears in 1 contract
Samples: Memorandum of Understanding
Basic Rules. A. If an employee does not present a grievance/appeal or does not appeal the decision rendered regarding his or her grievance/appeal within the time limits, the grievance/appeal shall be considered resolved.
B. If a County representative does not render a decision to the employee within the time limits, the employee may within seven (7) calendar days thereafter appeal to the next step in the procedure.
C. If it is the judgment of any County management representative that he or she does not have the authority to resolve the grievance/appeal, he or she may refer it to the next step in the procedure. By mutual agreement of the County and the employee or ACLEM OCEA, any step of the grievance procedure may be waived.
D. The Chief Human Resources Officer of Employee Relations may temporarily suspend grievance/appeal processing on a section-wide, unit-wide, division-wide, department-agency/department- wide or County-wide basis in an emergency situation. ACLEM OCEA may appeal this decision to the Board of Supervisors.
E. Upon written consent of the parties, i.e., the representatives of the County and the employee or his or her representative, the time limits at any step in the procedure may be extended.
F. Every reasonable effort shall be made by the employee and the County to resolve a grievance/appeal at the lowest possible step in the grievance/appeal procedure.
G. No claim shall be granted for retroactive adjustment of any grievance prior to sixty (60) calendar days from the date of filing the written grievance at Step 1.
H. A grievance alleging discrimination shall first be referred to the County Equal Employment Opportunity (EEO) Office for intake, review, and if applicable, investigation. The grievant/appellant and, or his/her if applicable, the OCEA representative if represented, shall be notified in writing of the grievance being referred to the EEO Office. The timelines for a grievance alleging discrimination shall automatically may be tolled held in abeyance by mutual agreement until the EEO Office has completed its intake, review, and if applicable, investigation. Once the EEO Office has completed the intake, review, and if applicable, investigation, the grievant/appellant and, if applicable, the OCEA representative shall be notified the grievant and/or his/her representative of the disposition of the allegation(s), at which point in writing and the time limits for processing the grievance shall resume, unless timelines are extended by mutual agreement.
F. Upon written consent of the parties (i.e., the representatives of the County and the employee or his or her representative), the time limits at any step in the procedure may be extended.
Appears in 1 contract
Samples: Memorandum of Understanding