Common use of Exceptions to Usual Grievance Handling Procedure Clause in Contracts

Exceptions to Usual Grievance Handling Procedure. (A) A grievance respecting assignment of duties outside job classification or concerning salary scale shall be initiated at Step 1 no later than one hundred twenty (120) days after the employee shall become aware of the claimed violation. (B) In grievances arising out of discharges or suspensions, the following steps must be followed in lieu of the above: Step 1. The Project Director who initiated or approved the action Step 2. If the grievance is not adjusted at Step 1 within three (3) business days of the receipt of the decision, the employee may file a written grievance with the Executive Director. Within two (2) business days, the employee, the Union representative and the Executive Director or his/her designees shall meet. Within two (2) business days of the hearing, the Executive Director must respond in writing. Step 3. If the grievance is denied at Step 2, the Union may submit the dispute to arbitration under the expedited arbitration rules of the American Arbitration Association within ten (10) business days from the date of the denial. Failure of the Project Director or Executive Director to render a decision within the time allotted in this section shall result in an automatic stay of this discharge or suspension for the period of the delay. During such a delay, the employee and the Union shall have no obligation to proceed to the next step. Upon employee or Union demand, filed with the Project Director or Executive Director, respectively, after he/she has failed to meet a time requirement, he/she must render a decision within 48 hours (two full business days) or the discharge or suspension shall be deemed rescinded. (C) A Union grievance against the Employer and an Employer grievance against the Union, shall be filed in writing with the Executive Director or Project Director, if appropriate, or with the Union President. The opposing party must respond in writing within five (5) business days. If requested by either party within five (5) business days of receipt of the response, a hearing shall be held within five (5) business days of the request for a hearing. A grievance denied by a Project Director pursuant to this section may be submitted to the Executive Director within five (5) business days of the Project Director's response or within five (5) business days of the receipt of the decision of the Project Director rendered after a hearing held pursuant to this section. If denied by the Executive Director, or Union President, the grievance may be submitted to arbitration within fifteen (15) business days of the response. In the event of an alleged violation of the no strike/no lockout clause, the response must be within two (2) full business days, and arbitration may be invoked two (2) full business days after the grievance is filed.

Exceptions to Usual Grievance Handling Procedure. (A) A grievance respecting assignment of duties outside job classification or concerning salary scale shall be initiated at Step 1 no later than one hundred twenty (120) days after the employee shall become aware of the claimed violation. (B) In grievances arising out of discharges or suspensions, the following steps must be followed in lieu of the above: Step 1. The Project Director who initiated or approved the action complained of and the employee and the Union representative shall meet within three (3) business days of filing of the written grievance. Said filing must be within five (5) business days of learning of the complained action. The Project Director must respond in writing within three (3) business days of the hearing. Step 2. If the grievance is not adjusted at Step 1 within three (3) business days of the receipt of the decision, the employee may file a written grievance with the Executive Director. Within two (2) business days, the employee, the Union representative and the Executive Director or his/her designees shall meet. Within two (2) business days of the hearing, the Executive Director must respond in writing. Step 3. If the grievance is denied at Step 2, the Union may submit the dispute to arbitration under the expedited arbitration rules of the American Arbitration Association within ten (10) business days from the date of the denial. Failure of the Project Director or Executive Director to render a decision within the time allotted in this section shall result in an automatic stay of this discharge or suspension for the period of the delay. During such a delay, the employee and the Union shall have no obligation to proceed to the next step. Upon employee or Union demand, filed with the Project Director or Executive Director, respectively, after he/she has failed to meet a time requirement, he/she must render a decision within 48 hours (two full business days) or the discharge or suspension shall be deemed rescinded. (C) A Union grievance against the Employer and an Employer grievance against the Union, shall be filed in writing with the Executive Director or Project Director, if appropriate, or with the Union President. The opposing party must respond in writing within five (5) business days. If requested by either party within five (5) business days of receipt of the response, a hearing shall be held within five (5) business days of the request for a hearing. A grievance denied by a Project Director pursuant to this section may be submitted to the Executive Director within five (5) business days of the Project Director's ’s response or within five (5) business days of the receipt of the decision of the Project Director rendered after a hearing held pursuant to this section. If denied by the Executive Director, or Union President, the grievance may be submitted to arbitration within fifteen (15) business days of the response. In the event of an alleged violation of the no strike/no lockout clause, the response must be within two (2) full business days, and arbitration may be invoked two (2) full business days after the grievance is filed.

Exceptions to Usual Grievance Handling Procedure. (A) A grievance respecting assignment of duties outside job classification or concerning salary scale shall be initiated at Step 1 no later than one hundred twenty (120) days after the employee shall become aware of the claimed violation. (B) In grievances arising out of discharges or suspensions, the following steps must be followed in lieu of the above: Step 1. The Project Director who initiated or approved the action complained of and the employee and the Union representative shall meet within three (3) business days of filing of the written grievance. Said filing must be within five (5) business days of learning of the complained action. The Project Director must respond in writing within three (3) business days of the hearing. Step 2. If the grievance is not adjusted at Step 1 within three (3) business days of the receipt of the decision, the employee may file a written grievance with the Executive Director. Within two (2) business days, the employee, the Union representative and the Executive Director or his/her designees shall meet. Within two (2) business days of the hearing, the Executive Director must respond in writing.Union Step 3. If the grievance is denied at Step 2, the Union may submit the dispute to arbitration under the expedited arbitration rules of the American Arbitration Association within ten (10) business days from the date of the denial. Failure of the Project Director or Executive Director to render a decision within the time allotted in this section shall result in an automatic stay of this discharge or suspension for the period of the delay. During such a delay, the employee and the Union shall have no obligation to proceed to the next step. Upon employee or Union demand, filed with the Project Director or Executive Director, respectively, after he/she has failed to meet a time requirement, he/she must render a decision within 48 hours (two full business days) or the discharge or suspension shall be deemed rescinded. (C) A Union grievance against the Employer and an Employer grievance against the Union, shall be filed in writing with the Executive Director or Project Director, if appropriate, or with the Union President. The opposing party must respond in writing within five (5) business days. If requested by either party within five (5) business days of receipt of the response, a hearing shall be held within five (5) business days of the request for a hearing. A grievance denied by a Project Director pursuant to this section may be submitted to the Executive Director within five (5) business days of the Project Director's ’s response or within five (5) business days of the receipt of the decision of the Project Director rendered after a hearing held pursuant to this section. If denied by the Executive Director, or Union President, the grievance may be submitted to arbitration within fifteen (15) business days of the response. In the event of an alleged violation of the no strike/no lockout clause, the response must be within two (2) full business days, and arbitration may be invoked two (2) full business days after the grievance is filed.

Exceptions to Usual Grievance Handling Procedure. (A) A grievance respecting assignment of duties outside job classification or concerning salary scale shall be initiated at Step 1 no later than one hundred twenty (120) days after the employee shall become aware of the claimed violation. (B) In grievances arising out of discharges or suspensions, the following steps must be followed in lieu of the above: Step 1. The Project Director who initiated or approved the action complained of and the employee and the Union representative shall meet within three (3) business days of filing of the written grievance. Said filing must be within five (5) business days of learning of the complained action. The Project Director must respond in writing within three (3) business days of the hearing. Step 2. If the grievance is not adjusted at Step 1 within three (3) business days of the receipt of the decision, the employee may file a written grievance with the Executive Director. Within two (2) business days, the employee, the Union representative and the Executive Director or his/her designees shall meet. Within two (2) business days of the hearing, the Executive Director must respond in writing. Step 3. If the grievance is denied at Step 2, the Union may submit the dispute to arbitration under the expedited arbitration rules of the American Arbitration Association within ten (10) business days from the date of the denial. Failure of the Project Director or Executive Director to render a decision within the time allotted in this section shall result in an automatic stay of this discharge or suspension for the period of the delay. During such a delay, the employee and the Union shall have no obligation to proceed to the next step. Upon employee or Union demand, filed with the Project Director or Executive Director, respectively, after he/she has failed to meet a time requirement, he/she must render a decision within 48 hours (two full business days) or the discharge or suspension shall be deemed rescinded. (C) A Union grievance against the Employer and an Employer grievance against the Union, shall be filed in writing with the Executive Director or Project Director, if appropriate, or with the Union President. The opposing party must respond in writing within five (5) business days. If requested by either party within five (5) business days of receipt of the response, a hearing shall be held within five (5) business days of the request for a hearing. A grievance denied by a Project Director pursuant to this section may be submitted to the Executive Director within five (5) business days of the Project Director's ’s response or within five (5) business days of the receipt of the decision of the Project Director rendered after a hearing held pursuant to this section. If denied by the Executive Director, or Union President, the grievance may be submitted to arbitration within fifteen (15) business days of the response. In the event of an alleged violation of the no strike/no lockout clause, the response must be within two (2) full business days, and arbitration may be invoked two (2) full business days after the grievance is filed.)