Common use of CLAIMS AND GRIEVANCES Clause in Contracts

CLAIMS AND GRIEVANCES. The District and the Union believe in order to xxxxxx good Labor-Management relations, potential grievance issues may be best addressed if such issues are informally discussed as early as possible after the issue is known. Therefore, the District and the Union encourage employees to discuss the matter with the Operations Control Center Supervisor(s), or designee, as soon as possible after the issue comes to his or her attention. Such discussion shall include the Local Representative. When issues are not resolved informally, the following procedures shall apply: a. Presenting Claims and Grievances STEP 1 Claims and grievances arising under the terms of this agreement, must be presented in writing to the Operations Control Center Director/designee by the claimant(s) involved or their representative within fifteen (15) days of the event, occurrence, or nonoccurrence giving rise to the grievance or claim. Claims may be filed at any time for continuing violations and all rights of the claimant or claimants involved thereby shall under this rule be fully protected by the filing of one claim or grievance based thereon as long as such violation, if found to be such, continues. However, no continuous claim shall be retroactive for more than fifteen (15) days prior to the filing thereof. STEP 2 In the event the claim/grievance is not resolved to the satisfaction of the employee in STEP 1 above, the employee may submit the grievance to the Deputy Chief Development Officer/designee within ten (10) calendar days following the date of NCTD’s answer in Step 1. The Deputy Chief Development Officer/designee, the employee, and the Local Representative shall hold a meeting within ten (10) calendar days of the date the claim/grievance is appealed to Step 2 to discuss the claim/grievance. The Deputy Chief Development Officer/designee shall respond in writing to the claim/grievance to the employee, Local Representative, and General Chairperson within ten (10) calendar days following the date of the meeting. When the claim/grievance is denied, a reason for said denial will be provided.

CLAIMS AND GRIEVANCES. The District and the Union believe in order to xxxxxx good Labor-Management relations, potential grievance issues may be best addressed if such issues are informally discussed as early as possible after the issue is known. Therefore, the District and the Union encourage employees to discuss the matter with the Operations Control Center Supervisor(s), or designee, as soon as possible after the issue comes to his or her attention. Such discussion shall include the Local Representative. When issues are not resolved informally, the following procedures shall apply: a. Presenting Claims and Grievances STEP 1 Claims and grievances arising under the terms of this agreement, must be presented in writing to the Operations Control Center Director/designee by the claimant(s) involved or their representative within fifteen (15) days of the event, occurrence, occurrence or nonoccurrence giving rise to the grievance or claim. Claims may be filed at any time for continuing violations and all rights of the claimant or claimants involved thereby shall under this rule be fully protected by the filing of one claim or grievance based thereon as long as such violation, if found to be such, continues. However, no continuous claim shall be retroactive for more than fifteen (15) days prior to the filing thereof. STEP 2 In the event the claim/grievance is not resolved to the satisfaction of the employee in STEP 1 above, the employee may submit the grievance to the Deputy Chief Development OfficerOperations Officer – Operations Support Services/designee within ten (10) calendar days following the date of NCTD’s answer in Step 1. The Deputy Chief Development Officer/designee, the employee, and the Local Representative shall hold a meeting within ten (10) calendar days of the date the claim/grievance is appealed to Step 2 to discuss the claim/grievance. The Deputy Chief Development Officer/designee shall respond in writing to the claim/grievance to the employee, Local Representative, and General Chairperson within ten (10) calendar days following the date of the meeting. When the claim/grievance is denied, a reason for said denial will be provided.of

CLAIMS AND GRIEVANCES. The District and the Union believe in order to xxxxxx good Labor-Management relations, potential grievance issues may be best addressed if such issues are informally discussed as early as possible after the issue is known. Therefore, the District and the Union encourage employees to discuss the matter with the Operations Control Center Supervisor(sManager of Maintenance of Way or the Manager of Signal (as appropriate), or designee, as soon as possible after the issue comes to his or her attention. Such discussion shall include the Local RepresentativeSpecial Representative and/or Xxxxxxx. When issues are not resolved informally, the following procedures shall apply: a. Presenting Claims and Grievances STEP 1 Claims and grievances arising under the terms of this agreement, must be presented in writing to the Operations Control Center Director/designee Director of MOW or a Signal Manager (as appropriate per job function)/designee by the claimant(s) involved or their representative within fifteen (15) days of the event, occurrence, occurrence or nonoccurrence giving rise to the grievance or claim. Claims may be filed at any time for continuing violations and all rights of the claimant or claimants involved thereby shall under this rule be fully protected by the filing of one claim or grievance based thereon as long as such violation, if found to be such, continues. However, no continuous claim shall be retroactive for more than fifteen (15) days prior to the filing thereof. STEP 2 In the event the claim/grievance is not resolved to the satisfaction of the employee in STEP 1 above, the employee may submit the grievance to the Deputy Chief Development OfficerOperations Officer – Rail Right of Way/designee designee, within ten (10) calendar days following the date of NCTD’s answer in Step 1. The Deputy Chief Development OfficerOperations Officer – Rail Right of Way/designee, the employee, employee and the Local Special Representative and/or Xxxxxxx shall hold a meeting within ten (10) calendar days of the date the claim/grievance is appealed to Step 2 to discuss the claim/grievance. The Deputy Chief Development OfficerOperations Officer – Rail Right of Way/designee designee, shall respond in writing to the claim/grievance to the employee, Local Representative, employee and General Chairperson Special Representative within ten (10) calendar days following the date of the meeting. When the claim/grievance is denied, a reason for said denial will be provided. STEP 3 In all claims and grievances, the decision by District’s Chief Operations Officer - Rail Right of Way shall be final and binding unless, within thirty (30) calendar days from the date the Chief Operations Officer – Rail Right of Way’s decision is received by the Special Representative, the Union requests to refer the grievance to arbitration by written notice to the Chief Operations Officer – Operations Support Services per the below procedures: A. After a demand for arbitration has been made, within ten (10) calendar days the Union shall submit a request to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) names of impartial Arbitrators in the region nearest to NCTD’s premises. NCTD and the Union shall, as soon as reasonably practical following receipt of the list of Arbitrators from FMCS, alternately strike names from the list until only one (1) name remains, and the Union shall strike first. The remaining Arbitrator shall act as the impartial Arbitrator who shall hear and decide the issue. B. It is understood that the Arbitrator shall be without authority or jurisdiction to add to, remove from, alter, or otherwise amend in any way any provision of this Agreement. The jurisdiction and authority of the Arbitrator shall be for the determination of such grievance, expressly limited to the interpretation, application and compliance with the provisions of this Agreement. C. The fees and all expenses of the Arbitration (arbitrator’s fees, hearing room if applicable, court reporter fees, etc.) shall be shared equally between NCTD and Union. Unless otherwise specifically agreed in advance, each party shall be responsible for costs it incurs and for the expenses of presenting its case. D. The Arbitrator’s decision shall be in writing and served on NCTD and Union. The decision of the Arbitrator shall be final and binding upon NCTD and the Union. E. Under no circumstances shall an employee be made more than whole. Employees that are discharged and returned to work as a result of this procedure shall have interim earnings deducted from all back pay awards. b. It is the intent of the parties that all parties shall strictly adhere to the time limits provided. Exceptions to the foregoing time limits shall be made only upon mutual written agreement of the parties, which agreement shall not be unreasonably withheld by either party. In the absence of such mutual agreement to extend any of the foregoing time limits, the failure of the Union to process a claim/grievance within the above time limits shall constitute a waiver of that particular claim/grievance, and it shall be processed no further. Likewise, in the absence of such mutual agreement to extend any of the foregoing time limits, the failure of NCTD to respond to a claim/grievance within the above time limits shall constitute resolution of the claim/grievance in the Union’s favor and NCTD shall implement the requested resolution accordingly.

CLAIMS AND GRIEVANCES. The District and the Union believe in order to xxxxxx good Labor-Management relations, potential grievance issues may be best addressed if such issues are informally discussed as early as possible after the issue is known. Therefore, the District and the Union encourage employees to discuss the matter with the Operations Control Center Supervisor(s)Manager of Rail Operations, or designee, as soon as possible after the issue comes to his or her attention. Such discussion shall include the Local Representative. When issues are not resolved informally, the following procedures shall apply: a. (a) Presenting Claims and Grievances STEP 1 Claims and grievances arising under the terms of this agreement, must be presented in writing to the Operations Control Center DirectorDirector of Rail Operations/designee by the claimant(s) involved or their representative within fifteen (15) days of the event, occurrence, occurrence or nonoccurrence giving rise to the grievance or claim. Claims may be filed at any time for continuing violations and all rights of the claimant or claimants involved thereby shall under this rule be fully protected by the filing of one claim or grievance based thereon as long as such violation, if found to be such, continues. However, no continuous claim shall be retroactive for more than fifteen (15) days prior to the filing thereof. STEP 2 In the event the claim/grievance is not resolved to the satisfaction of the employee in STEP 1 above, the employee may submit the grievance to the Deputy Chief Development Officer/designee Operations Officer – Rail, or designee, within ten (10) calendar days following the date of NCTD’s answer in Step 1. The Deputy Chief Development Officer/Operations Officer – Rail or designee, the employee, employee and the Local Representative shall hold a meeting within ten (10) calendar days of the date the claim/grievance is appealed to Step 2 to discuss the claim/grievance. The Deputy Chief Development Officer/designee Operations Officer – Rail, or designee, shall respond in writing to the claim/grievance to the employee, Local Representative, and General Chairperson within ten (10) calendar days following the date of the meeting. When the claim/grievance is denied, a reason for said denial will be provided.

CLAIMS AND GRIEVANCES. The District and the Union believe in order to xxxxxx good Labor-Management relations, potential grievance issues may be best addressed if such issues are informally discussed as early as possible after the issue is known. Therefore, the District and the Union encourage employees to discuss the matter with the Operations Control Center Supervisor(s), or designee, as soon as possible after the issue comes to his or her attention. Such discussion shall include the Local Representative. When issues are not resolved informally, the following procedures shall apply:‌ a. Presenting Claims and Grievances STEP 1 Claims and grievances arising under the terms of this agreement, must be presented in writing to the Operations Control Center DirectorSecurity Manager/designee by the claimant(s) involved or their representative within fifteen (15) days of the event, occurrence, occurrence or nonoccurrence giving rise to the grievance or claim. Claims may be filed at any time for continuing violations and all rights of the claimant or claimants involved thereby shall under this rule be fully protected by the filing of one claim or grievance based thereon as long as such violation, if found to be such, continues. However, no continuous claim shall be retroactive for more than fifteen (15) days prior to the filing thereof.rule STEP 2 In the event the claim/grievance is not resolved to the satisfaction of the employee in STEP 1 above, the employee may submit the grievance to the Deputy Chief Development OfficerOperations Officer – Operations Support Services/designee within ten (10) calendar days following the date of NCTD’s answer in Step 1. The Deputy Chief Development OfficerOperations Officer – Operations Support Services/designee, the employee, employee and the Local Representative shall hold a meeting within ten (10) calendar days of the date the claim/grievance is appealed to Step 2 to discuss the claim/grievance. The Deputy Chief Development OfficerOperations Officer – Operations Support Services/designee shall respond in writing to the claim/grievance to the employee, Local Representative, and General Chairperson within ten (10) calendar days following the date of the meeting. When the claim/grievance is denied, a reason for said denial will be provided. STEP 3 In all claims and grievances, the decision by District’s Chief Operations Officer A. After a demand for arbitration has been made, within ten (10) calendar days the Union shall submit a request to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) names of impartial Arbitrators in the region nearest to NCTD’s premises. NCTD and the Union shall, as soon as reasonably practical following receipt of the list of Arbitrators from FMCS, alternately strike names from the list until only one (1) name remains, and the Union shall strike first. The remaining Arbitrator shall act as the impartial Arbitrator who shall hear and decide the issue. B. It is understood that the Arbitrator shall be without authority or jurisdiction to add to, remove from, alter, or otherwise amend in any way any provision of this Agreement. The jurisdiction and authority of the Arbitrator shall be for the determination of such grievance, expressly limited to the interpretation, application and compliance with the provisions of this Agreement. C. The fees and all expenses of the Arbitration (arbitrator’s fees, hearing room if applicable, court reporter fees, etc.) shall be shared equally between NCTD and Union. Unless otherwise specifically agreed in advance, each party shall be responsible for costs it incurs and for the expenses of presenting its case. D. The Arbitrator’s decision shall be in writing and served on NCTD and Union. The decision of the Arbitrator shall be final and binding upon NCTD and the Union. E. Under no circumstances shall an employee be made more than whole. Employees that are discharged and returned to work as a result of this procedure shall have interim earnings deducted from all back pay awards. b. It is the intent of the parties that all parties shall strictly adhere to the time limits provided. Exceptions to the foregoing time limits shall be made only upon mutual written agreement of the parties, which agreement shall not be unreasonably withheld by either party. In the absence of such mutual agreement to extend any of the foregoing time limits, the failure of the Union to process a claim/grievance within the above time limits shall constitute a waiver of that particular claim/grievance, and it shall be processed no further. Likewise, in the absence of such mutual agreement to extend any of the foregoing time limits, the failure of NCTD to respond to a claim/grievance within the above time limits shall constitute resolution of the claim/grievance in the Union’s favor and NCTD shall implement the requested resolution accordingly.