Employee Rights Grievance Procedure. 6.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representatives of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 6.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee’s duties and responsibilities. The xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the xxxxxxx and the employee have notified and received the approval of the supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 6.3 Procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 6.4 However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes. 6.5 Grievances shall be resolved in conformance with the following procedure: Step 1 Upon the occurrence of an alleged violation of this agreement, the employee involved (with or without the xxxxxxx) shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement violated, and the relief requested. Any alleged violation of the agreement not reduced to writing by the Union within fourteen (14) work days of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2 Within seven (7) work days after receiving the written grievance, a designated Employer supervisor shall meet with the Union Xxxxxxx and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unsolved, the Employer shall reply in writing to the Union within seven (7) work days following this meeting. Step 3 Within seven (7) work days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative, the employee, and the xxxxxxx and attempt to resolve the grievance. Within seven (7) work days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result of the written response the grievance remains unsolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) work days following receipt of the Employer’s answer shall be considered waived. Step 4 If the grievance remains unresolved, the Union may within seven (7) work days after the response of the Employer in Step 3 by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been given. 6.6 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issues submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 6.7 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 6.8 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 6.9 It is understood by the Union and the Employer that a grievance, other than a grievance arising from a disciplinary action, may be determined by either the grievance procedure of this Contract or by the provisions of the Civil Service Rules of the City of Saint Xxxx. 6.10 The provisions of this Article 6 shall not apply to Section 3.9
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Rights Grievance Procedure. 6.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representatives of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named.
6.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee’s employees’ duties and responsibilities. The xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the xxxxxxx and the employee have notified and received the approval of the their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer.
6.3 Procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement.
6.4 However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes.
6.5 Grievances shall be resolved in conformance with the following procedure:
Step 1 Upon the occurrence of an alleged violation of this agreement, the employee involved (with or without the xxxxxxx) shall attempt to resolve the matter on an informal basis with the employee’s 's supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement violated, and the relief requested. Any alleged violation of the agreement not reduced to writing by the Union within fourteen (14) work days of the first occurrence of the event giving rise to the grievance, grievance shall be considered waived.
Step 2 Within seven (7) work days after receiving the written grievance, a designated Employer supervisor shall meet with the Union Xxxxxxx and attempt to resolve the grievance. If, If as a result of this meeting, meeting the grievance remains unsolvedunresolved, the Employer shall reply in writing to the Union within seven (7) work days following this meeting.
Step 3 Within seven (7) work days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative, the employee, Employee and the xxxxxxx Xxxxxxx and attempt to resolve the grievance. Within seven (7) work days following this meeting meeting, the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, If as a result of the written response the grievance remains unsolvedunresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) work days following receipt of the Employer’s 's answer shall be considered waived.
Step 4 If the grievance remains unresolved, the Union may within seven (7) work days after the response of the Employer in Step 3 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been given.
6.6 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issues issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees.
6.7 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
6.8 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.
6.9 It is understood by the Union and the Employer that a grievance, other than a grievance arising from a disciplinary action, may be determined by either the grievance procedure of this Contract or by the provisions of the Civil Service Rules of the City of Saint Xxxx. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure.
6.10 The provisions of this Article 6 shall not apply to Section 3.9
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Rights Grievance Procedure. 6.1 The Employer shall recognize stewards Stewards selected in accordance with Union Association rules and regulations as the grievance representatives representative of the bargaining unit. The Union Association shall notify the Employer in writing of the names of the stewards Stewards and of their successors when so named.
6.2 It is recognized and accepted by the Employer and the Union Association that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee’s employee duties and responsibilities. The xxxxxxx Xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the xxxxxxx Xxxxxxx and the employee have notified and received the approval of the their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer.
6.3 Procedure established by For the purposes of this Article shall be the sole and exclusive procedure for the processing of grievances6, which are a grievance is defined as an alleged violation of the terms and conditions of this Agreement.
6.4 However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes.
6.5 Grievances shall be resolved in conformance with the following procedure:
Step 1 Upon the occurrence of an alleged violation of this agreementAgreement, the employee involved (with or without the xxxxxxx) Xxxxxxx shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UnionAssociation. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement Agreement violated, and the relief requested. Any alleged violation of the agreement Agreement not reduced to writing by the Union Association within fourteen (14) work days workdays of the first occurrence of the event giving rise to the grievance, shall be considered waived.
Step 2 Within seven (7) work days workdays after receiving the written grievance, grievance a designated Employer supervisor shall meet with the Union Association Xxxxxxx and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unsolvedunresolved, the Employer shall reply in writing to the Union Association within seven (7) work days workdays following this meeting. The Association may refer the grievance in writing to Step 3 within seven (7) workdays following receipt of the Employer’s written answer. Any grievance not referred in writing by the Association within seven (7) workdays following receipt of the Employer’s answer shall be considered waived.
Step 3 Within seven (7) work days workdays following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Association Business Manager or his/her designated representative, the employee, and the xxxxxxx Xxxxxxx and attempt to resolve the grievance. Within seven (7) work days workdays following this meeting meeting, the Employer shall reply in writing to the Union Association stating the Employer’s answer concerning the grievance. If, as a result of the written response response, the grievance remains unsolvedunresolved, the Union Association may refer the grievance to Step 4. Any grievance not referred in writing by the Union Association to Step 4 within seven (7) work days workdays following receipt of the Employer’s answer shall be considered waived.
1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit.
2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not apply and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses.
4. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case.
5. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential.
6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation, with respect to their positions concerning resolution or offers of settlement, may be used or referred to during arbitration.
Step 4 If the grievance remains unresolved, the Union Association may within seven (7) work days workdays after the response of the Employer in Step 3 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected from by mutual agreement of the Employer and the Association within seven (7) workdays after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a permanent panel of five (5) arbitrators. Arbitrators Both the Employer and the Association shall have the right to strike two (2) names from the panel. The Association shall strike the first name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be selected by lot within twenty (20) work days after notice has been giventhe arbitrator.
6.6 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issues issue submitted in writing by the Employer and the Union Association and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the UnionAssociation, and the employees.
6.7 6.6 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the UnionAssociation, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
6.8 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the UnionAssociation.
6.8 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. However, this Article does not abridge grievance rights possessed by eligible Veterans under applicable Veterans’ statutes. It is understood that issues not related to terms and conditions of employment (for example: topics listed in Civil Service Rule 26 III A, B, C – performance reviews, examinations, and classification) shall continue to be processed in accordance with the grievance procedure outlined in the Civil Service Rules.
6.9 It is understood by the Union and the Employer that a grievance, other than a grievance arising from a disciplinary action, may be determined by either the grievance procedure of this Contract or by the provisions of the Civil Service Rules of the City of Saint Xxxx.
6.10 The provisions of this Article 6 shall not apply to Section 3.9Articles 3.10 and 3.11 of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Rights Grievance Procedure. 6.1 7.1 A grievance is defined as a dispute or disagreement as to the interpretation or application of the terms and conditions of this Agreement. The Employer shall County will recognize stewards selected in accordance with representatives of the Union rules and regulations as the grievance representatives of the bargaining unit. The Union shall notify , having the Employer in writing of the names of the stewards duties and of their successors when so namedresponsibilities established by this Article.
6.2 It is recognized and accepted by the Employer 7.2 The aggrieved Employee and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and Representative shall therefore be accomplished allowed time during normal working hours only when consistent with such employee’s duties and responsibilities. The xxxxxxx involved and a grieving employee shall suffer no without loss in of pay when a grievance is processed during working hours, provided the xxxxxxx investigated and the employee have notified and received the approval of the supervisor presented to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer.
6.3 Procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement.
6.4 However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes.
6.5 7.3 Grievances shall be resolved in conformance accordance with the following procedure:
Step 1 Upon the occurrence of an alleged violation of this agreement1) The Xxxxxxx, the employee involved (with or without the xxxxxxxEmployee, shall inform the Department Head orally or in writing, within ten (10) days of its occurrence or the Union's knowledge of its occurrence. The Department Head shall attempt to resolve the matter on an informal basis with and shall respond to the employee’s supervisorXxxxxxx within ten (10) days. A written record shall be kept of Step 1.
Step 2) If the matter grievance is not resolved settled by Step 1, it shall be presented in writing within ten (10) days to the employee’s satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UnionCounty Administrator. The County Administrator shall submit a written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement violated, and the relief requested. Any alleged violation of the agreement not reduced decision to writing by the Union within fourteen ten (1410) work days of the first occurrence of the event giving rise to the grievance, shall be considered waiveddays.
Step 2 Within seven (73) work days after receiving If the written grievance, a designated Employer supervisor shall meet with the Union Xxxxxxx and attempt to resolve the grievance. If, as a result of this meetinggrievance is not settled in Step 2, the grievance remains unsolvedshall be presented in writing to the Board of Commissioners at its next regular meeting provided that if that meeting is scheduled less than ten (10) days after the County Administrator's response is due, the Employer Union may present the grievance at the subsequent Board of Commissioner's regularly scheduled meeting. The Board shall reply respond in writing to the Union within seven ten (710) work days following this meetingdays.
Step 3 Within seven (74) work days following receipt of a If the grievance referred from is not resolved at Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative3, the employee, and aggrieved party shall request assistance in resolving the xxxxxxx and attempt to resolve matter from the grievance. Within seven (7) work days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result Bureau of the written response the grievance remains unsolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) work days following receipt of the Employer’s answer shall be considered waivedMediation Services.
Step 4 5) If the grievance remains unresolvedis not settled in Step 4, the Union aggrieved party may within seven ten (710) work days after the response efforts of the Employer in Step 3 by written notice to the EmployerBureau have concluded, request arbitration of the ofthe grievance. .
7.4 The arbitration proceedings proceeding shall be conducted by an arbitrator to be selected from a permanent panel of five by the Employer and the Union within ten (5I0) arbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been given. Ifthe parties fail to select an arbitrator, the State Bureau of Mediation Services shall be requested by either or both parties to provide a panel of five arbitrators. The party requesting arbitration shall have the right to strike the first name; the other party shall then strike one name. The process will be repeated, and the remaining person shall be the arbitrator. Expenses of the arbitrator's services and proceedings shall be borne equally by the Employer and the Union. However, each party shall be responsible for compensating its own representatives. If either party requires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and the arbitrator.
6.6 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. 7.5 The arbitrator shall consider and decide only the specific issues issue submitted in writing to him/her by the Employer and the Union and shall have no authority to make a decision on any other issue not so submittedsubmitted to him/her. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on both parties. No arbitrator shall have the right or power to add to, delete from, or modify any of the terms and provisions of this Agreement.
7.6 If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specific time set forth above, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specific time limits, the Union, Employee shall elect to treat the grievance as denied and may appeal the employees.
6.7 The fees and expenses for grievance to the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnessesnext step. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
6.8 The time limits limit in each step of this procedure may be extended by written mutual agreement of the Employer and the UnionUnion Representatives involved in each step. (The term days shall be defined as "working days" for the purpose of this Article and shall include Monday through Friday, excluding holidays.)
6.9 It 7.7 Employees shall have the right to process grievances through the provisions of this Agreement or through a procedure established by law, which is understood available to them, provided that no grievance shall be processed by an Employee or the Union through both the provisions of the grievance procedure and another available procedure. An employee pursuing a remedy pursuant to a statute under the Employer that a grievance, other than a grievance arising jurisdiction of the United States Equal Employment Opportunity Commission is not precluded from a disciplinary action, may be determined by either also pursuing an appeal under the grievance procedure of this Contract Agreement. If a court of competent jurisdiction rules contrary to the ruling in EEOC v. Board of Governors of State Colleges and Universities, 957 F.2d 424 (7th Cir.), cert. denied, 000 X.X. 000, 113 S. Ct. 299 (1992), or by the provisions if Board of the Civil Service Rules Governors is judicially or legislatively overruled, this paragraph of the City of Saint XxxxSection 7 shall be immediately null and void and shall be deleted from this Agreement.
6.10 The provisions of this Article 6 shall not apply to Section 3.9
Appears in 1 contract
Samples: Labor Agreement
Employee Rights Grievance Procedure. 6.1 The Employer Grievances or disputes which may arise, including the interpretation of this Agreement, shall recognize stewards selected be settled in accordance with Union rules and regulations as the grievance representatives of the bargaining unitfollowing manner:
1. The Union Shift Xxxxxxx, upon receiving a written and signed petition, shall notify the Employer in writing of the names of the stewards and of their successors when so named.
6.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee’s duties and responsibilities. The xxxxxxx involved and a grieving employee shall suffer no loss in pay when determine if a grievance exists. If, in their opinion, no grievance does exist, no further action is processed during working hours, provided the xxxxxxx and the employee have notified and received the approval of the supervisor to be absent to process necessary;
2. If a grievance and that such absence would not be detrimental to the work programs of the Employer.
6.3 Procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement.
6.4 However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes.
6.5 Grievances shall be resolved in conformance with the following procedure:
Step 1 Upon the occurrence of an alleged violation of this agreementexist, the employee involved (Shift Xxxxxxx with or without the xxxxxxx) shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature physical presence of the grievance, the facts on which it is based, the alleged section(s) of the agreement violated, and the relief requested. Any alleged violation of the agreement not reduced to writing by the Union within fourteen (14) work days of the first occurrence of the event giving rise to the grievanceaggrieved employee, shall be considered waived.
Step 2 Within seven (7) work days after receiving the written grievance, a designated Employer supervisor shall meet with the Union Xxxxxxx and attempt to resolve the grievance. If, as a result of this meeting, present the grievance remains unsolved, the Employer shall reply in writing to the Union Fire Chief within seven (7) work days following this meeting.
Step 3 Within seven (7) work days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative, the employee, and the xxxxxxx and attempt to resolve the grievance. Within seven (7) work days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result of the written response the grievance remains unsolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) work days following receipt of the Employer’s answer shall be considered waived.
Step 4 If the grievance remains unresolved, the Union may within seven (7) work days after the response of the Employer in Step 3 by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbitrators shall be selected by lot within twenty (20) work business days after notice has been given.the grievance arises;
6.6 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement3. The arbitrator Fire Chief shall consider investigate the grievance and decide only the specific issues submitted in writing by the Employer and the Union and shall have no authority to make render a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty five (305) business days, if the grievance has not been settled, the Shift Xxxxxxx may submit the grievance in writing within five (5) business days following close to the City Manager for adjustment;
4. The City Manager shall conduct a hearing regarding the grievance within five (5) business days, and shall render a decision in writing within five (5) business days from the date of the hearing or hearing. If the submission grievance has not been settled, either party shall have the right to request arbitration by giving notice to the Federal Mediation and Conciliation Service within ten (10) business days requesting a list of briefs by arbitrators with a copy of the partiesletter being sent to the other party. Within five (5) business days after receipt of the list, whichever be later, unless the parties agree to an extension. The decision will meet and will alternately strike from the list until one name remains, and they shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees.
6.7 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by upon the Employer and the Union, provided that each party . The expense of the arbitrator shall be responsible for compensating its own representatives shared equally by both parties. In order to avoid the necessity of processing numerous grievances at one time on the same subject or event, the Union may file a single grievance at the appropriate step. When this occurs, all other grievances, on the same subject or event, shall be held in abeyance, and witnessesthe Union grievance shall be processed as a precedent. When such grievance is resolved, the parties shall review the other grievances that were held in abeyance, in an effort to resolve them. If either party desires a verbatim record any such grievances cannot be settled on the basis of the proceedingsprecedent grievance, it may cause such shall be processed in accordance with the grievance procedure, and the established time limitations shall become effective at that time. Nothing in this Agreement is intended to prohibit the Employer from processing a record grievance through the grievance procedure up to and including arbitration. The decision of the arbitrator shall be made, providing it pays for final and binding upon both parties. If the record.
6.8 The Employer fails to abide by the time limits set forth in each step the grievance procedure, the grievance of the employee or employees shall be declared valid and awarded to the aggrieved party by point of forfeiture; if the employee or employees fail to abide by the time limits set forth in the grievance procedure, the grievance of the employee or employees shall be declared null and void and the employee or employees shall lose their right to file a grievance on the particular incident. Nothing in this procedure may be extended by mutual agreement of prohibits the Employer and the UnionUnion from mutually agreeing to waive the time limits established herein.
6.9 It is understood by the Union and the Employer that a grievance, other than a grievance arising from a disciplinary action, may be determined by either the grievance procedure of this Contract or by the provisions of the Civil Service Rules of the City of Saint Xxxx.
6.10 The provisions of this Article 6 shall not apply to Section 3.9
Appears in 1 contract
Samples: Labor Agreement
Employee Rights Grievance Procedure. 6.1 7.1 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement.
7.2 The Employer shall EMPLOYER will recognize stewards selected in accordance with Union rules and regulations representatives designated by the UNION as the grievance representatives of the bargaining unitunit having the duties and responsibilities established by this Article. The Union UNION shall notify the Employer EMPLOYER in writing of the names of the stewards such representatives and of their successors when so nameddesignated.
6.2 7.3 It is recognized and accepted by the Employer UNION and the Union EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee’s employee duties and responsibilities. The xxxxxxx involved aggrieved employee and the UNION representative shall be allowed a grieving employee shall suffer no reasonable amount of time without loss in pay when a grievance is processed investigated and presented to the EMPLOYER during normal working hours, hours provided the xxxxxxx employee and the employee UNION representative have notified and received the approval of the supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employerdesignated supervisor.
6.3 Procedure established 7.4 Grievances, as defined by this Article shall be the sole and exclusive procedure for the processing of grievancessection 7.1, which are defined as an alleged violation of the terms and conditions of this Agreement.
6.4 However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes.
6.5 Grievances shall be resolved in conformance with the following procedure:
Step 1 Upon 1. An EMPLOYEE claiming a violation concerning the occurrence interpretation or application of an this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation of this agreementhas occurred, present such grievance to the employee involved Employee's supervisors as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (with or without the xxxxxxx10) shall attempt to resolve the matter on an informal basis with the employee’s supervisorcalendar days after receipt. If the matter is A grievance not resolved to the employee’s satisfaction by the informal discussion, it may be reduced to writing in Step I and referred appealed to Step 2 by the Union. The written grievance shall set be placed in writing setting forth the nature of the grievance, the facts on which it is was based, the alleged section(s) provision or provisions of the agreement Agreement allegedly violated, and the relief requestedremedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any alleged violation of the agreement grievance not reduced appealed in writing to writing Step 2 by the Union UNION within fourteen ten (1410) work calendar days of the first occurrence of the event giving rise to the grievance, shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 Within seven representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (710) work calendar days after receiving the written grievance, a designated Employer supervisor shall meet with the Union Xxxxxxx and attempt receipt of such Step 2 Grievance. A grievance not resolved in Step 2 may be appealed to resolve the grievance. If, as a result of this meeting, the grievance remains unsolved, the Employer shall reply in writing to the Union Step 3 within seven ten (710) work calendar days following this meeting.
Step 3 Within seven (7) work days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her EMPLOYER-designated representative, the employee, and the xxxxxxx and attempt to resolve the grievance. Within seven (7) work days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result of the written response the grievance remains unsolved, the Union may refer the grievance to 's final Step 42 answer. Any grievance not referred appealed in writing to Step 3 by the Union to Step 4 UNION within seven ten (710) work calendar days following receipt of the Employer’s answer shall be considered waived.
Step 4 3. If the grievance remains unresolvedappealed, the Union may written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within seven ten (710) work calendar days after the response receipt of the Employer such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings UNION within ten (10) calendar days shall be conducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been givenconsidered waived.
6.6 The arbitrator shall have no right Step 4. A grievance unresolved in Step 3 and appealed to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issues submitted in writing Step 4 by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision UNION shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and arbitration subject to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees.
6.7 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
6.8 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.
6.9 It is understood by the Union and the Employer that a grievance, other than a grievance arising from a disciplinary action, may be determined by either the grievance procedure of this Contract or by the provisions of the Civil Service Public Employment Labor Relations Act of 1971 as amended. The EMPLOYER and the UNION representative shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the parties cannot agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules governing the Arbitration of Grievances" as established by the City Bureau of Saint XxxxMediation Services.
6.10 The provisions of this Article 6 shall not apply to Section 3.9
Appears in 1 contract
Samples: Labor Agreement
Employee Rights Grievance Procedure. 6.1 The Employer shall recognize stewards Stewards selected in accordance with Union Association rules and regulations as the grievance representatives representative of the bargaining unit. The Union Association shall notify the Employer in writing of the names of the stewards Stewards and of their successors when so named.
6.2 It is recognized and accepted by the Employer and the Union Association that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee’s employee duties and responsibilities. The xxxxxxx Xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the xxxxxxx Xxxxxxx and the employee have notified and received the approval of the their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer.
6.3 Procedure established by For the purposes of this Article shall be the sole and exclusive procedure for the processing of grievances6, which are a grievance is defined as an alleged violation of the terms and conditions of this Agreement.
6.4 However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes.
6.5 Grievances shall be resolved in conformance with the following procedure:
Step 1 Upon the occurrence of an alleged violation of this agreementAgreement, the employee involved (with or without the xxxxxxx) Xxxxxxx shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UnionAssociation. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement Agreement violated, and the relief requested. Any alleged violation of the agreement Agreement not reduced to writing by the Union Association within fourteen (14) work days workdays of the first occurrence of the event giving rise to the grievance, shall be considered waived.
Step 2 Within seven (7) work days workdays after receiving the written grievance, grievance a designated Employer supervisor shall meet with the Union Association Xxxxxxx and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unsolvedunresolved, the Employer shall reply in writing to the Union Association within seven (7) work days following this meeting.
Step 3 Within seven (7) work days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative, the employee, and the xxxxxxx and attempt to resolve the grievance. Within seven (7) work days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result of the written response the grievance remains unsolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) work days following receipt of the Employer’s answer shall be considered waived.
Step 4 If the grievance remains unresolved, the Union may within seven (7) work days after the response of the Employer in Step 3 by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been given.
6.6 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issues submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees.
6.7 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
6.8 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.
6.9 It is understood by the Union and the Employer that a grievance, other than a grievance arising from a disciplinary action, may be determined by either the grievance procedure of this Contract or by the provisions of the Civil Service Rules of the City of Saint Xxxx.
6.10 The provisions of this Article 6 shall not apply to Section 3.9seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Rights Grievance Procedure. 6.1 10.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representatives representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named.
6.2 10.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee’s employee duties and responsibilities. The xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the xxxxxxx and the employee have notified and received the approval of the their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer.
6.3 Procedure 10.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement.
6.4 However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes.
6.5 10.4 Grievances shall be resolved in conformance with the following procedure:
Step 1 Upon the occurrence of an alleged violation of this agreementAgreement, the employee involved (with or without the xxxxxxx) shall attempt to resolve the matter on an informal basis with the employee’s 's supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion, discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement Agreement violated, and the relief requested. Any alleged violation of the agreement Agreement not reduced to writing by the Union within fourteen seven (147) work calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived.
Step 2 Within seven (7) work calendar days after receiving the written grievance, grievance a designated Employer supervisor shall meet with the Union Xxxxxxx and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unsolvedunresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) work calendar days following this meetingreceipt of the Employer’s written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived.
Step 3 Within seven (7) work calendar days following receipt of a grievance referred from Step 2, 2 a designated Employer supervisor shall meet with the Union Business Manager or his/her his designated representative, the employee, and the xxxxxxx representative and attempt to resolve the grievance. Within seven (7) work calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result of the written response the grievance remains unsolvedunresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) work calendar days following receipt of the Employer’s answer shall be considered waived.
Step 4 1) If the grievance remains unresolvedhas not been satisfactorily resolved at Step 3, the Union may may, within seven (7) work days after the response of the Employer in Step 3 by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been given.
6.6 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issues submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees.
6.7 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
6.8 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.
6.9 It is understood by the Union and the Employer that a grievance, other than a grievance arising from a disciplinary action, may be determined by either the grievance procedure of this Contract or by the provisions of the Civil Service Rules of the City of Saint Xxxx.
6.10 The provisions of this Article 6 shall not apply to Section 3.9ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
