Class Action Grievances. 1. A class action grievance is a disputed action or inaction, which affects two (2) or more members in a substantially similar manner. To be accepted for processing, class action grievances must identify at least two grievants and whenever possible, all known grievants, or attempt to identify all others by name, job class, and work location.
2. Class action grievances shall be submitted by the Association Business Manager or Agent to the first (1st) level supervisor having jurisdiction over all grievants. For example, if a class comprises members working in more than one (1) institution or Division, grievances shall be submitted at Step Two; if only one (1) institution but more than one first level supervisor is involved, grievances shall be submitted at Step One to the Superintendent.
Class Action Grievances. Class action grievances may be filed by the Faculty Association as set forth in this Section. It is the intent of this Section to express the agreement that all grievants are required to satisfy all timeline deadlines and other procedural requirements of this Agreement, including but not limited to, the Faculty Association as the grievant, an individual grievant, or an individual covered within a class action grievance.
a. If the same alleged violation of this Agreement is made by more than one
(1) unit member, then either the Faculty Association or the one (1) unit member may file a class action grievance on behalf of him/herself and all other grievants in the class. The class action grievance shall be subject to all time deadlines and other procedural requirements of this Agreement. The unit members who wish to be joined in the class shall be required to satisfy all time deadlines and other procedural requirements of this Article applicable to individual grievants until such time as when they are identified in writing by the Faculty Association to the District to be a member of the class covered by the class action grievance.
b. When the Faculty Association files a class action grievance, the District shall provide appropriate requested information to the Faculty Association to help the Faculty Association identify, in writing, to the District the unit members who make up the class covered by the class action grievance. Specifically, if the Faculty Association identifies a class of unit members to the District (e.g., by Department or hire date), then the District is obligated to provide the names to the Faculty Association. Failure of the District to provide the names shall not result in exclusion of individuals from the class so long as the affected individual unit member or members have otherwise satisfied all time deadlines and other procedural requirements of this Agreement by:
(1) filing an individual grievance satisfying said requirements, or
(2) as a result of being a member of the class covered by an individual or Faculty Association initiated class action grievance that satisfies such requirements.
c. The District shall have the burden of proof before the arbitrator to prove that any time deadlines or other procedural requirements of this Agreement have not been satisfied.
d. The final decision shall apply to all unit members properly joined in the class and to the respondents.
Class Action Grievances. A class action grievance is a controversy or dispute which affects two (2) or more employees in the same manner. Class action grievances shall be submitted by the CEA representative to the first (1st) level supervisor having jurisdiction over all grievants. Class Action grievances must identify grievants by the class of affected employees with sufficient specificity that the class will be readily identifiable.
Class Action Grievances. The Union has the right to file a class action grievance on behalf of two or more bargaining unit employees of the same class. All class action grievances must be filed on the Union class action grievance form attached as Appendix D. In order to constitute a class action grievance, the employees involved must all have common duties, functions and responsibilities, or all must have the same grounds for the grievance. A class action cannot be instituted where disciplinary action is involved.
Class Action Grievances. Union class action grievances may be initiated at Step 2 of the grievance procedure. If any two (2) or more employees have essentially the same grievance they must collectively present and pursue their grievance(s).
Class Action Grievances. Class action" grievances may be presented at the Step 1 of the grievance procedure. A "class action" grievance is understood to mean a grievance common to numerous employees where it would be burdensome and impractical to require the filing of a separate grievance for each of the employees involved.
Class Action Grievances. Grievances on behalf of a shift, division, or the entire local Union shall be filed by the Union representative and shall be processed starting with the second step of the Grievance Procedure.
Class Action Grievances. Grievances on behalf of a shift or division or the entire bargaining unit shall be filed by the FOPLC and shall be processed starting with the second step of the grievance procedure within seven (7) days of the events giving rise to the grievance.
Class Action Grievances. Any grievance that affects a substantial number or specified class of employees (class action grievance) shall be filed within fifteen (15) work days after the Union learns of the alleged violation however not to exceed twelve (12) months after the incident occurred. A class action grievance that affects employees who work under a single Administrator shall be presented at Step Two. A class action grievance that affects employees who work under multiple Administrators shall be presented at Step Three.
Class Action Grievances. If there is a grievance which directly affects a group or class of employees, or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
