Common use of Failure to Answer or Appeal Clause in Contracts

Failure to Answer or Appeal. In the event that the City fails to answer a grievance within the time required at any step of the grievance procedure, or if the Union fails to appeal the answer given to the next step of the grievance procedure within the time allowed, then the grievance will be considered settled against the side which has defaulted. Grievances settled by default cannot be the basis of establishing precedent for the settlement of any other grievances. Time limits may be extended by mutual agreement.

Failure to Answer or Appeal. ‌ In the event that the City fails to answer a grievance within the time required at any step of the grievance procedure, or if the Union fails to appeal the answer given to the next step of the grievance procedure within the time allowed, then the grievance will be considered settled against the side which has defaulted. Grievances settled by default cannot be the basis of establishing precedent for the settlement of any other grievances. Time limits may be extended by mutual agreement.