DISPUTE AVOIDANCE PROCEDURE Sample Clauses

DISPUTE AVOIDANCE PROCEDURE. 10.1 It is a condition of employment and a fundamental requirement of this Agreement that all parties to this Agreement observe this Clause in its entirety. 10.2 On all occasions, any issue, grievance or dispute over any matter between the parties to this Agreement shall be settled in accordance with this procedure without resorting to industrial action. This shall apply whether the matter in dispute relates directly to site employment or not, or whether it relates to a matter dealt with by this Agreement or a relevant Agreement, or not. 10.3 In the event of any grievance or of any major changes in employment conditions or Agreement terms, or in the event of any dispute between the Company and its employees, the parties will consult together to reach settlement without loss of wages or production, provided always that work shall continue in the usual manner without bans and limitations on the performance of work whilst the steps below are followed: 10.3.1 The grievance or dispute shall, in the first instance, be pursued between the employee or employees concerned and the immediate supervisor and if required, another employee representative of their choice. 10.3.2 If the matter is not resolved, then discussion should be conducted with senior management and an employee representative of their choice. 10.3.3 If the matter is still not settled, then a conference shall be held between an employee representative of their choice, together with the CEO or his/her appointed nominee. 10.3.4 If the matter cannot be settled by a conference between the parties, the CEO and/or an employee representative of their choice may notify a dispute to the Australian Industrial Relations Commission which shall endeavour to resolve the issue between the parties by conciliation or by arbitration if necessary. 10.4 The parties are committed to achieve adherence to the above procedure. This shall be facilitated in the first instance by the earliest possible advice by one party to the other of any issue or problem, which may give rise to a grievance or dispute. 10.5 Reasonable time limits shall be allowed for the completion of the various stages of the discussions, with seven (7) calendar days being allowed for stages 1) to 4) (inclusive) of the discussions to be finalised. 10.6 No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. The status quo that existed prior to the dispute shall apply. 10.7 This procedure shall not prev...
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DISPUTE AVOIDANCE PROCEDURE. Resolving a dispute at the workplace level
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DISPUTE AVOIDANCE PROCEDURE. This procedure will apply to any dispute arising under this Enterprise Agreement, the National Employment Standards, the General Protections Provisions of the Fair Work Act 2009 (Cth) or any matter that pertains to the relationship between the employer and an employee. STEP 1 - The Employee, and where requested the Union Delegate, shall raise the matter with the immediate manager for resolution. STEP 2 - If not resolved, the Employee, and where requested the Union Delegate, shall meet with the National Facilities Manager for resolution.
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DISPUTE AVOIDANCE PROCEDURE. 33.1. Any dispute or claim as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner: 33.2. In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant team leader. i. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. From this stage onwards, the employee may appoint another person to represent them, including a representative of the union. ii. If the matter in dispute remains unresolved, the employee or appointed representative may refer it to a more senior level of management including National Operations Manager or National HR Manager iii. If the matter has still not been resolved either party may refer it to the Australian Industrial Relations Commission (AIRC) for conciliation. iv. If the matter in dispute is unable to be resolved, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Company’s Director of HR. v. The matter will be subject to a full review by the Director of HR, allowing sufficient time and access to the parties involved in the dispute and all relevant information. vi. Once the Director of HR has formally responded to the matter, due consideration by the parties will then be given before any further steps are taken. vii. If, after steps 33.2.v. and 00.0.xx. have been taken, the matter is still unable to be resolved, either party may then proceed to arbitration. viii. If Arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions in line with the Act which are necessary to make the arbitration effective. ix. The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. It is a term of this agreement that while the dispute resolution procedure is being conducted, work shall continue as normal before the dispute arose, unless an employee has a reasonable concern about an imminent risk to his or her health or safety.
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DISPUTE AVOIDANCE PROCEDURE. 00.0. Xx the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by holding discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. 11.2. A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute, at any time in this process. 11.3. If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (AIRC) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary, the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Any resolution of a dispute following referral to the AIRC for either conciliation or arbitration will be in accordance with the National Code of Practice for the Construction Industry, the Implementation Guidelines for the Code and any legislative obligations. 11.4. It is a term of this agreement that while the dispute settlement procedure is being conducted work shall continue normally unless an employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the concern re OHS, the employee must not unreasonably fail to comply with a direction by the Company to perform other available work, whether at the same enterprise or another enterprise, that is safe an appropriate for the employee to perform. 11.5. Any dispute referred to the AIRC under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President. 11.6. The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
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DISPUTE AVOIDANCE PROCEDURE. 25.1 A procedure for the avoidance of industrial disputes shall apply in establishments covered by this Agreement. 25.2 The objectives of the procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussions, to reduce the level of industrial confrontation, and to avoid interruption to the performance of work and the consequential loss of production and wages. 25.3 The following procedure shall apply: (i) Depending on the issues involved, the size and function of the plant or enterprise, and the union membership of the employees concerned, a procedure involving up to four stages of discussion shall apply. These are: • Discussions between the employee/s concerned, and at their request, the appropriate union delegate and their immediate supervisors. • Discussions involving the employee/s, delegate and more senior management. • Discussions involving a representative from the State branch of the Union concerned, and the relevant employer organisation. • Discussions involving a senior union official and the employer organisation. • There shall be an opportunity for any party to raise the issue to a higher stage. (ii) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue that shall give rise to a grievance or dispute. (iii) Throughout all stages of the procedure, all relevant facts shall be clearly identified and recorded. (iv) Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to occur. (v) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly (or individually) refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute. (vi) In order to allow for the peaceful resolution of grievances, the parties shall be committed to avoiding stoppages of work, lockouts or any other bans or limitations on the performance of work whilst the procedures of negotiations and conciliation are being followed. (vii) The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and are consistent with established custom and practice at the workplace.
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DISPUTE AVOIDANCE PROCEDURE. 31.1 In relation to any matter that may be in dispute (“the matter”) except matters relating to the Actual or threatened termination of employment of the employee, the parties to the dispute: a) will attempt to resolve the matter at the workplace level, including, but not limited to: (1) the employee and his or her supervisor meeting and conferring on the matter, and (2) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and c) agree to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; d) agree that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the alternative dispute resolution process; and e) agree that during the time when the parties attempt to resolve the matter: (1) the parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety, and (2) subject to relevant provisions of any state or territory occupational health and safety law, unless the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and (3) The parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. 31.2 The parties to the dispute acknowledge that if they are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options resolving the dispute.
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DISPUTE AVOIDANCE PROCEDURE. The Parties to this Enterprise Agreement are committed to harmonious employee relations based on mutual trust, open communication and proactive consultation processes. Best endeavours will be used to resolve issues such as problems, questions, disputes, difficulties or concerns at all times and at the lowest possible level in the Company. i. Where an employee(s) has an issue, which has not been resolved in the normal course of business, they shall raise it with their Team Leader and both shall use their best endeavours to resolve it as quickly as possible. ii. Where an issue is directly relevant to a work area, it shall be discussed and every endeavour made to resolve it within the appropriate team. iii. Should the issue not be resolved as above within a sensible, mutually agreed timeframe, it shall be referred to and discussed with the Company’s Operations Manager. iv. If not resolved, any of the Parties may raise the issue with the Company’s Alliance Manager for resolution. v. If still unresolved, and without limiting the employee’s freedom of choice, the matter may be referred to the relevant Union, who will discuss the matter with the Company. vi. Before the issue is further escalated, the Company will ensure that its Management, and the Union will ensure that its local Union Official has been involved in the process. vii. If still unresolved, the matter may be referred to the Fair Work Australia under section 739 Dispute Notification, by either party, seeking resolution of the grievance via conciliation as a first step, or thereafter arbitration.
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DISPUTE AVOIDANCE PROCEDURE. 10.1 The objective of the dispute settlement procedure is as follows: 10.1.1 To promote resolution of disputes by measures based on consultation, co- operation and discussion; 10.1.2 To reduce the level of industrial confrontation; 10.1.3 To avoid interruption to the performance of work and the consequential loss of production and wages; and 10.1.4 To improve the quality of the work environment. 10.2 In the event of any employee having any dispute they shall discuss the matter with their immediate supervisor in a genuine endeavour to resolve it at this point in the process. 10.3 If the matter is not resolved at this level, the grievance shall be referred to the Manager. From this point on, an employee may request representation by their union. 10.4 If the dispute is not resolved any party to the dispute (and where requested by an employee or employees, the Union workplace representative or other representative) may refer it for conciliation and/or arbitration by the Australian Industrial Relations Commission (“the Commission”). 10.5 If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. 10.6 The parties to the dispute will abide by the decision of the Commission, subject to any party to the dispute exercising a right of appeal against the decision to a Full Bench of the Commission. 10.7 Until the matter is determined in accordance with the above procedure, work shall continue normally in accordance with established custom and practice. If the grievance is a safety issue, which creates a reasonable belief that there is an imminent threat to an employee’s health and safety, the employee may refuse to perform the work until the matter is resolved. Fonterra will attempt to have the employee relocated to a safe work area until the matter is resolved.
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Related to DISPUTE AVOIDANCE PROCEDURE

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Dispute Settlement Procedures Principles a) This procedure is designed to promote the resolution of issues that arise at the lowest possible level and to provide a step-by-step process which will be accessed if the parties are genuinely unable to resolve the issue. b) At each step in the procedure, reasonable time is to be allowed for the parties to resolve the matter. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner. c) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. If the matter is not resolved at this level, the grievance shall be referred to the designated management representative. d) Should the matter remain unresolved at this level, the Employee, at his/her discretion, may nominate a representative to meet with the Supervisor, the designated manager,and the Consultative Committee to resolve the issue. e) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. f) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation. Any solution proposed by the Commission or another third party must be consistent with the Construction Code and Guidelines and relevant legislation. g) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally. The circumstances that applied prior to the dispute arising shall apply until final resolution of the matter. h) Any dispute referred to the Commission under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President. i) This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that the Occupational Health and Safety Representatives will follow appropriate procedures in the resolution of any Health and Safety matters.

  • Dispute Procedure (1) Unless otherwise provided in the Council's Constitution or in this Collective Agreement, any dispute within the registered scope of the Council shall be resolved as set out below: (a) The General Secretary of the Council shall, after consultation with the Secretary of any relevant Regional Chamber, decide whether any dispute referred to the Council must be dealt with by the Council or the Regional Chamber. (b) The Council shall, from time to time, adopt, by resolution, guidelines for the General Secretary of the Council to follow in the allocation of such disputes. (c) When any dispute is allocated to a Regional Chamber in terms of this clause, then such Regional Chamber shall have the same rights, powers and obligations as the Council.

  • Dispute Resolution Mechanism a. Any dispute regarding the administration of the Institute at the Company or plant level shall be subject to expedited resolution by the Chairs of the Union and Company Negotiating Committees and the Executive Director of ICD who shall apply the policies, rules and regulations of the Governing Board and the provisions of this Section in ruling on any such dispute. Rulings of the Executive Director may be appealed to the Governing Board, but shall become and remain effective unless stayed or reversed by the Governing Board. b. Within sixty (60) days of the Effective Date, the parties will develop an expedited dispute resolution mechanism that resolves disputes within two (2) weeks.

  • Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. 5 5 Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. 6

  • ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

  • Disputes Procedure 12.1 If a dispute relating to a Script covered by this Agreement arises between a Writer and the BBC which cannot be settled by direct discussion then either party will have the right to refer the issue to a panel which shall consist of the Head of Talent & Rights Negotiation Group the relevant head of the production department and two of the Writer, the Writer’s representative or representative of the Society, the WGGB or the PMA, at the Writer’s election. This clause shall not however be invoked in a manner which might override any other clause in this Agreement or call into question the BBC’s reasonable and proper discretion to accept or reject a Script. 12.2 Any dispute regarding the interpretation of this Agreement or the interpretation of an individual contract between the BBC and a writer of a Script covered by this Agreement which cannot be resolved by discussion between the parties shall be referred to an Arbitration Committee consisting of two representatives of the BBC and any two of the Writer or Writer’s representative or representative of the Society, the Guild or the PMA as the case may be. Failing settlement it shall then be referred to a single Arbitrator mutually acceptable to both sides who shall determine the issue and whose decision shall be binding on both parties. 12.3 Clause 12.2 shall not apply to disputes arising under clause 12.1, 16.1 and 20-25.

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Dispute Procedures Contact Think with any questions concerning this Agreement or the Services by calling 0- 000-000-0000 (toll-free), Monday - Friday 8AM – 8PM ET (note these hours may change); by sending a letter to Think, P. O. Box 1288, Greens Farms, Connecticut 06838; or by sending an email to: xxxx@xxxxxxxxxxx.xxx. Think will refer all complaints and inquiries to a representative who will attempt to reach a mutually satisfactory resolution. If your complaint or inquiry is not resolved after you have called Think and/or the EDC, or for general information, you may contact the DPU for assistance toll-free at (000) 000-0000, or at XXXXxxxxxxx.Xxxxxxxxxx@xxxx.xxx, or by sending a letter to the DPU at: 0 Xxxxx Xxxxxxx, 0xx Xxxxx Xxxxxx, XX 00000. You have a right to make a formal or informal complaint to the DPU or any regulatory body with authority to review your complaint. In addition, mediation is available for disputes greater than $100. Nothing in the Arbitration, Waiver of Jury Trial, and Class Action Waiver Section below is intended to bar your right to make a complaint or request mediation. ARBITRATION. Think’s Arbitration and Class Action Wavier Policy Addendum, which is available and provided to you during the enrollment process is incorporated herein and made a part hereof, contains additional details and a complete description of the terms and conditions of the Arbitration and Class Action Waiver Policy, including your ability to opt out. Warranties. THINK MAKES NO EXPRESS REPRESENTATION OR WARRANTIES WITH REGARD TO THE PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE EXCEPT WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. You will be deemed to be in exclusive control (and responsible for any damages or injury caused thereby) of the electric power after receipt at the delivery point(s). TO THE FULLEST EXTENT PERMITTED BY LAW, THINK WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES), WHETHER BY STATUTE, IN CONTRACT OR TORT, EVEN IF THE RESULT OF NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE). ALL OTHER LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, AND SUCH DIRECT ACTUAL DAMAGES WILL BE THE SOLE AND EXCLUSIVE REMEDY. YOU HEREBY WAIVE ALL OTHER REMEDIES AT LAW OR IN EQUITY. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT. To the extent any damages required to be paid hereunder are liquidated, the Parties acknowledge that the damages are not intended and shall not be construed as a penalty, such damages are difficult or impossible to determine, that otherwise obtaining an adequate remedy is inconvenient or impossible, and that the liquidated damages constitute a reasonable approximation of the harm or loss.

  • Formal Grievance Procedure 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration. 2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request. 3. Internal Steps in the Procedure a. Step One: The Director of Human Resources (1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form. (2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties. (3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision. (4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form. (5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.

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