Common use of Contract Grievance Clause in Contracts

Contract Grievance. A) Step 1 - Department Head or His /Her Designee 1) A member having a contract grievance shall present it to his/her Department Head or his /her designee within ten (10) calendar days of the date on which the grievant knew or reasonably should have had knowledge of the event giving rise to the grievance. 2) The contract grievance at this step shall be submitted to the Department Head or his/her designee in writing using a form mutually agreed upon by the parties. 3) Contract grievances submitted beyond the ten (10) calendar day time limit will not be honored. 4) The contract grievance forms as mutually agreed upon, shall specify the article(s) and/or section(s) or combination thereof of the Agreement which he/she alleges has been violated, and specify the remedy sought. The Department Head or his/her designee shall indicate the date and time of his/her receipt of the form. 5) Within ten (10) calendar days of the Department Head or his/her designee receipt of the written contract grievance, he/she shall schedule a meeting with the grievant and the appropriate management personnel, as needed, to discuss the contract grievance. 6) A CSEA representative shall attend this meeting. He/she may represent the grievant unless requested not to do so by such grievant. 7) The Department Head or his / her designee shall render a decision in writing and return a copy to the grievant and the CSEA Representative within ten (10) calendar days after the meeting with the grievant. B) Step 2 - County Manager or His /Her Designee 1) If the Association is not satisfied with the decision made in Step 1, subsection 7., it may, within ten (10) calendar days thereafter, request a review and determination of the grievance by the County Manager or his /her designee. 2) Such request shall be in writing and shall include all documents and statements presented at Step 1, including the decision of the Department Head, if applicable. 3) The County Manager or his/her designee shall, at the request of the Association, hold a meeting within ten (10) calendar days after receiving the request. The aggrieved party and representative, if any, may appear at the meeting to present oral and/or written statements or arguments. 4) Within ten (10) calendar days after the close of the meeting, or lacking such meeting request, the County Manager / Administrator or his/her designee shall issue a written decision and communicate same in writing to the Association. C) Step 3 - Contract Grievance Arbitration 1) If the Association is not satisfied with the decision at Step 2, subsection 4., then it may appeal to PERB for arbitration within ten (10) calendar days from the receipt of the decision and thereafter the parties shall be bound by PERB's procedures for arbitration. 2) The fees and expenses of the arbitrator shall be borne equally by the parties. 3) The arbitrator's decision will be in writing and will set forth his findings, reasoning and conclusions on the issues submitted and be binding on both parties on matters pertaining to the interpretation of the Contract Articles contained in this Agreement. 4) The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. 5) The arbitrator shall have no power to alter, add or to detract from the provisions of this agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Contract Grievance. A) A. Step 1 - Department Head or His /Her His/Her Designee 1) . A member having a contract grievance shall present it to his/her Department Head or his /her designee within ten (10) calendar days of the date on which the grievant knew or reasonably should have had knowledge of the event giving rise to the grievance. 2) . The contract grievance at this step shall be submitted to the Department Head or his/her designee in writing using a form mutually agreed upon by the parties. 3) . Contract grievances submitted beyond the ten (10) calendar day time limit will not be honored. 4) . The contract grievance forms as mutually agreed upon, shall specify the article(s) and/or section(s) or combination thereof of the Agreement which he/she alleges has been violated, and specify the remedy sought. The Department Head or his/her designee shall indicate the date and time of his/her receipt of the form. 5) . Within ten (10) calendar days of the Department Head or his/her designee receipt of the written contract grievance, he/she shall schedule a meeting with the grievant and the appropriate management personnel, as needed, to discuss the contract grievance. 6) . A CSEA representative shall attend this meeting. He/she may represent the grievant unless requested not to do so by such grievant. 7) . The Department Head or his / her designee shall render a decision in writing and return a copy to the grievant and the CSEA Representative within ten (10) calendar days after the meeting with the grievant. B) Step 2 - County Manager or His /Her Designee 1) If the Association is not satisfied with the decision made in Step 1, subsection 7., it may, within ten (10) calendar days thereafter, request a review and determination of the grievance by the County Manager or his /her designee. 2) Such request shall be in writing and shall include all documents and statements presented at Step 1, including the decision of the Department Head, if applicable. 3) The County Manager or his/her designee shall, at the request of the Association, hold a meeting within ten (10) calendar days after receiving the request. The aggrieved party and representative, if any, may appear at the meeting to present oral and/or written statements or arguments. 4) Within ten (10) calendar days after the close of the meeting, or lacking such meeting request, the County Manager / Administrator or his/her designee shall issue a written decision and communicate same in writing to the Association. C) Step 3 - Contract Grievance Arbitration 1) If the Association is not satisfied with the decision at Step 2, subsection 4., then it may appeal to PERB for arbitration within ten (10) calendar days from the receipt of the decision and thereafter the parties shall be bound by PERB's procedures for arbitration. 2) The fees and expenses of the arbitrator shall be borne equally by the parties. 3) The arbitrator's decision will be in writing and will set forth his findings, reasoning and conclusions on the issues submitted and be binding on both parties on matters pertaining to the interpretation of the Contract Articles contained in this Agreement. 4) The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. 5) The arbitrator shall have no power to alter, add or to detract from the provisions of this agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Contract Grievance. A) A. Step 1 - Department Head or His /Her His/Her Designee 1) . A member having a contract grievance shall present it to his/her Department Head or his /her designee within ten (10) calendar days of the date on which the grievant knew or reasonably should have had knowledge of the event giving rise to the grievance. 2) . The contract grievance at this step shall be submitted to the Department Head or his/her designee in writing using a form mutually agreed upon by the parties. 3) . Contract grievances submitted beyond the ten (10) calendar day time limit will not be honored. 4) . The contract grievance forms as mutually agreed upon, shall specify the article(s) and/or section(s) or combination thereof of the Agreement which he/she alleges has been violated, and specify the remedy sought. The Department Head or his/her designee shall indicate the date and time of his/her receipt of the form. 5) . Within ten (10) calendar days of the Department Head or his/her designee receipt of the written contract grievance, he/she shall schedule a meeting with the grievant and the appropriate management personnel, as needed, to discuss the contract grievance. 6) . A CSEA representative shall attend this meeting. He/she may represent the grievant unless requested not to do so by such grievant. 7) . The Department Head or his / her designee shall render a decision in writing and return a copy to the grievant and the CSEA Representative within ten (10) calendar days after the meeting with the grievant. B) B. Step 2 - County Manager / Administrator or His /Her Designee 1) . If the Association is not satisfied with the decision made in Step 1, subsection 7., it may, within ten (10) calendar days thereafter, request a review and determination of the grievance by the County Manager Manager/Administrator or his /her designee. 2) . Such request shall be in writing and shall include all documents and statements presented at Step 1, including the decision of the Department Head, if applicable. 3) . The County Manager / Administrator or his/her designee shall, at the request of the Association, hold a meeting within ten (10) calendar days after receiving the request. The aggrieved party and representative, if any, may appear at the meeting to present oral and/or written statements or arguments. 4) . Within ten (10) calendar days after the close of the meeting, or lacking such meeting request, the County Manager / Administrator or his/her designee shall issue a written decision and communicate same in writing to the Association. C) C. Step 3 - Contract Grievance Arbitration 1) . If the Association is not satisfied with the decision at Step 2, subsection 4., then it may appeal to PERB for arbitration within ten (10) calendar days from the receipt of the decision and thereafter the parties shall be bound by PERB's procedures for arbitration. 2) The fees and expenses of the arbitrator shall be borne equally by the parties. 3) The arbitrator's decision will be in writing and will set forth his findings, reasoning and conclusions on the issues submitted and be binding on both parties on matters pertaining to the interpretation of the Contract Articles contained in this Agreement. 4) The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. 5) The arbitrator shall have no power to alter, add or to detract from the provisions of this agreement.ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!