Definition; Exemption; Exclusivity Clause Samples

Definition; Exemption; Exclusivity. A grievance is a dispute between the employee or the Union and the Employer which involves the application, meaning or interpretation of the provisions of this Agreement, provided however, that an employee shall not have the right to grieve or arbitrate the imposition of discipline or his dismissal from employment during his probationary period. Any disciplinary action taken against any employee covered by this Agreement, including but not limited to removal, demotion, reduction in rank or suspension (with or without pay) or discharge may be subject to the grievance procedure herein set forth. In addition, Local 1363 shall have the right to bring a grievance on behalf of any employee or on its own behalf. In any disciplinary case, the employee shall make a written election to invoke the procedures of the Department’s Rules and Regulations or the grievance and arbitration provisions of this Agreement. This election shall expressly waive any right to proceed other than in the manner the employee has elected. The procedures set forth in this section shall comprise the sole and exclusive dispute resolution process for a grievance.