Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association. STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer. STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived. STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Commissioner of Minnesota Management & Budget (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association.
STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer.
STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived.an
STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Commissioner of Minnesota Management & Budget (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association.
STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer.
STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived.
STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Deputy Commissioner of Minnesota Management & Budget the Department of Employee Relations (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.M.S.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association.
STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer.
STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived.
STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Commissioner of Minnesota Management & and Budget (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 2a or 2b of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.mutually
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association.
STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer.
STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived.an
STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Commissioner of Minnesota Management & Budget (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association.
STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer.
STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived.
STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Deputy Commissioner of Minnesota Management & Budget the Department of Employee Relations (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.M.S.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association.
STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer.
STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived.
STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Commissioner of Minnesota Management & Budget (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association.
STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer.
STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived.in
STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Commissioner of Minnesota Management & and Budget (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 2a or 2b of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Definition of a Grievance. For the purpose of this Agreement, a grievance shall be defined as a dispute or a disagreement as to the interpretation or application of any term or terms of this Agreement. Supervisors are encouraged to first attempt to resolve the matter on an informal basis with their immediate superior at the earliest opportunity. If the matter cannot be resolved to the supervisor's satisfaction by informal discussion, it shall then be settled in accordance with the following procedure. The Association shall have the right to take up suspensions, demotions, and discharges at the second step of the Grievance Procedure and the matter shall be handled in accordance with this procedure, if so requested by the Association.
STEP 1. The grievance shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it was based, section or sections of the Agreement alleged to have been violated, and the relief requested and shall be presented to the grievant's immediate superior by an Association Representative or designee. Any alleged violation not processed to this step within twenty-one (21) calendar days of the first occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence should have knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within ten (10) calendar days after receiving the written grievance, the grievant's immediate superior or the Appointing Authority's designee and the Association Representative shall arrange a meeting with or without the grievant, in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. If the grievance remains unresolved after this meeting, the immediate superior's written answer to the grievance shall be given to the Association Representative within ten (10) calendar days of this meeting. The Association may appeal the grievance to Step 2 within ten (10) calendar days of the receipt of the immediate superior's answer.ten
STEP 2. Within ten (10) calendar days following the receipt of a grievance referred from Step 1, the Appointing Authority or designee shall arrange a meeting with the Association's designee in an attempt to resolve the grievance. Failure to arrange a meeting within the above stated ten (10) calendar days shall require the Association to commence the next step filing within the succeeding ten (10) calendar days unless the parties mutually agree in writing to an extension. Within ten (10) calendar days following this meeting, the Appointing Authority or designee shall respond in writing to the Association Representative stating the Appointing Authority or designee's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance within twenty (20) calendar days to Step 3. Any grievance not referred in writing by the Association to Step 3 within twenty (20) calendar days following receipt of the answer of the Appointing Authority or designee shall be considered waived.
STEP 3. If the grievance remains unresolved, the Association may, within twenty (20) calendar days after the response of the Appointing Authority or designee is due, by written notice to the Assistant Commissioner of Minnesota Management & Budget (State Labor Negotiator) request arbitration of the grievance. The arbitrator shall be selected pursuant to Section 2 of this Article and the hearing shall be scheduled on a date mutually agreeable to the arbitrator and the parties. A supervisor who is eligible and elects to use the procedure under M.S. 197.46 cannot use the arbitration provisions of this agreement.under
Appears in 1 contract
Samples: Collective Bargaining Agreement