Common use of First Step Clause in Contracts

First Step. An attempt shall be made to resolve any grievance in informal discussion between complainant and his/her immediate supervisor. If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the immediate supervisor. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of the event giving rise to the grievance. The supervisor shall make a decision on the grievance and communicate it in writing to the grievant, the Union and the superintendent or designee within ten (10) workdays after receipt of written notice of the grievance. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee may file, within ten (10) workdays of the supervisor's written decision at the second step, a copy of the grievance with the superintendent or designee. Within ten (10) workdays after such written grievance is filed, the aggrieved employee and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall file an answer within ten (10) workdays of the third step grievance meeting and communicate it in writing to the grievant, the Union and the supervisor. If the grievance is not resolved satisfactorily at step three, there shall be available a fourth and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the Board or the superintendent and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator's services shall be borne equally by the Board and the Union.

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

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First Step. An Within ten (10) school days from the date of the event giving rise to the grievance, an attempt shall be made to resolve any the grievance in informal discussion between complainant the grievant and his/her their immediate supervisor. The employee has a right to representation at this and every step of the grievance process. If the grievance cannot be resolved informally, the aggrieved employee grievant may file the grievance in writing writing, and, at a mutually agreeable time, discuss the matter with the immediate supervisor. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement that pertain are alleged to be violated by the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays school days from the date of the event giving rise to the grievanceinformal meeting date. The supervisor shall make a decision on in the grievance and communicate it it, in writing writing, to the grievant, the Union employee and the superintendent or designee within ten (10) workdays days after receipt of written notice of the grievance. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee grievant may file, file within ten five (105) workdays school days of the supervisor's written decision at the second step, a copy of the grievance with the superintendent or designeesuperintendent. Within ten (10) workdays school days after such written grievance is filed, the aggrieved employee grievant and the superintendent or his/her their designee shall meet to resolve the grievance. The superintendent or his/her their designee shall file an answer within ten (10) workdays school days of the third step grievance meeting and communicate it in writing to the grievant, the Union employee and the supervisor. If the grievance is not resolved satisfactorily at step three, there shall be available a fourth and final step. Within ten fifteen (1015) workdaysschool days, the Union Association and the employee grievant may submit the grievance in writing to a binding arbitration. An employee A grievant may submit a grievance to arbitration only with approval of the UnionAssociation. Within ten (10) workdays school days of written notice to submit the grievance to arbitration, the Board or the superintendent and the Union Association representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB)PERB Board. Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent or designee and the Union Association to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her their decision not later than fifteen (15) workdays school days from the date of the close of the hearings, or, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/herthem. The arbitrator's decision shall be in writing and shall set forth his/her their findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her their opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her Their authority shall be strictly limited to deciding only the issue or issues presented to him/her them in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her their interpretation of meaning or application of the expressed relevant language of the this Agreement. Expenses for the arbitrator's services shall be borne equally by the Board and the UnionAssociation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

First Step. An attempt shall will be made to resolve any grievance in informal an informal, verbal discussion between complainant the aggrieved employee and his/her immediate supervisorsuperior. Second step. If the grievance cannot be resolved informally, the aggrieved employee may will file the grievance in writing and, and at a mutually agreeable time, discuss the matter with the immediate supervisorPrincipal. The written grievance shall should state the nature of the grievance, shall should note the specific clause or clauses that pertain to of the specific grievanceAgreement allegedly violated, and shall should state the remedy requested. The filing of the formal, written grievance at the second step must be within ten twenty (1020) workdays employee work days from the date of the occurrence of the event giving rise to the grievance, or within twenty (20) employee work days from the date a reasonably alert person would have had knowledge of the event, whichever date is later. The supervisor shall Principal or other administrator who has the authority to make a decision on the grievance will make such decision and communicate it in writing to the grievant, the Union employee and the superintendent or designee Superintendent within ten (10) workdays employee work days after receipt of written notice of the grievancegrievance is filed. Such answer will contain reasons upon which the decision is based. Third step. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee may will file, within ten five (105) workdays employee work days of the supervisorPrincipal's written decision or answer at the second step, a copy of the grievance with the superintendent or designeeSuperintendent. Within ten (10) workdays employee work days after such written grievance is filed, the aggrieved employee , representative of the aggrieved, as desired, the Principal, and the superintendent Superintendent or his/her designee shall his designee, will meet to resolve the grievance. The superintendent Superintendent, or his/her designee shall his desig nee, will file an answer within ten (10) workdays employee work days of the third step grievance meeting and communicate it in writing to the grievantemployee, the Union Principal, and the supervisorAssociation. Such answer will contain reasons upon which the decision is based. Fourth step. If the grievance is not resolved satisfactorily at step threeto the Association within eighteen (18) employee work days after receipt of a decision by the Superintendent, there shall is an available fourth step to seek a binding decision on the dispute. The Association may submit, in writing, a request to enter into such proceeding. The proceeding will be available a fourth and final step. Within ten conducted by an impartial neutral to be selected by the two parties within seven (107) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written work days after said notice to submit the grievance to arbitration, the Board or the superintendent and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serveis given. If the two parties are unable fail to agree upon an arbitrator or to obtain reach agreement on a commitment from neutral within seven (7) employee work days, the arbitrator, a request for a list of five (5) arbitrators American Arbitration Association will be made requested to the Public Employee Relations Board provide a panel of seven (PERB)7) neutrals. Each of the two parties will alternately strike one name at a time from the list panel until only one name shall will remain. The remaining name shall will be the arbitratorneutral chosen. Expenses for the neutral's services and the expenses which are common to both parties to the arbitration will be borne equally by the Board and the Association. Each party to the Association proceeding will be responsible for compensating its own representatives and witnesses. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitratorneutral, in his/her opinion, shall will not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall will be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application presented. Should either party request a transcript of the expressed relevant language proceedings, then that party will bear the full costs for the transcript. Should both parties order a transcript , then the cost of the Agreementtwo transcripts will be divided equally between the parties. Expenses Once a grievance is filed alleging a violation , misinterpretation or misapplication of any provision of this Agreement , the parties agree that the grievance procedure will be the sole and exclusive vehicle for the arbitrator's services shall be borne equally processing of that complaint or claim based on any Aliicle, Clause, or other contents of this Agreement by the Board and the Unionany employee or any person or organization acting on behalf of any employee.

Appears in 1 contract

Samples: Support Staff Agreement

First Step. An Within ten (10) school days from the date of the event giving rise to the grievance, an attempt shall be made to resolve any the grievance in informal discussion between complainant the grievant and his/her their immediate supervisor. The employee has a right to representation at this and every step of the grievance process. If the grievance cannot be resolved informally, the aggrieved employee grievant may file file the grievance in writing writing, and, at a mutually agreeable time, discuss the matter with the immediate supervisor. The written grievance shall state the nature of the grievance, shall note the specific specific clause or clauses of the Agreement that pertain are alleged to be violated by the specific grievance, and shall state the remedy requested. The filing filing of the formal, written grievance at the second step must be within ten (10) workdays school days from the date of the event giving rise to the grievanceinformal meeting date. The supervisor shall make a decision on in the grievance and communicate it it, in writing writing, to the grievant, the Union employee and the superintendent or designee within ten (10) workdays days after receipt of written notice of the grievance. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee grievant may file, file within ten five (105) workdays school days of the supervisor's written decision at the second step, a copy of the grievance with the superintendent or designeesuperintendent. Within ten (10) workdays school days after such written grievance is filedfiled, the aggrieved employee grievant and the superintendent or his/her their designee shall meet to resolve the grievance. The superintendent or his/her their designee shall file file an answer within ten (10) workdays school days of the third step grievance meeting and communicate it in writing to the grievant, the Union employee and the supervisor. If the grievance is not resolved satisfactorily at step three, there shall be available a fourth and final final step. Within ten fifteen (1015) workdaysschool days, the Union Association and the employee grievant may submit the grievance in writing to a binding arbitration. An employee A grievant may submit a grievance to arbitration only with approval of the UnionAssociation. Within ten (10) workdays school days of written notice to submit the grievance to arbitration, the Board or the superintendent and the Union Association representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five five (5) arbitrators will be made to the Public Employee Relations Board (PERB)PERB Board. Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent or designee and the Union Association to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her their decision not later than fifteen fifteen (15) workdays school days from the date of the close of the hearings, or, or if oral hearings have been waived, then from the date the final final statements and proofs on the issues are submitted to him/herthem. The arbitrator's decision shall be in writing and shall set forth his/her findings their findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her their opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her Their authority shall be strictly limited to deciding only the issue or issues presented to him/her them in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her their interpretation of meaning or application of the expressed relevant language of the this Agreement. Expenses for the arbitrator's services shall be borne equally by the Board and the UnionAssociation.

Appears in 1 contract

Samples: Negotiated Agreement

First Step. An attempt shall be made to resolve any grievance in informal discussion between complainant and his/her immediate supervisor. If the grievance a dispute cannot be resolved informallyby this method, the aggrieved employee Accredited Union Representative may file a formal grievance on the grievance in writing and, at a mutually agreeable time, discuss the matter prescribed form with the immediate supervisor. The written grievance shall state Manager of Construction or the nature Field Construction Manager within fifteen (15) working days of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of the event giving rise to the grievance. The supervisor shall make a decision on the grievance and communicate it in writing to the grievant, the Union and the superintendent or designee within ten (10) workdays after receipt of written notice of the grievance. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee may file, within ten (10) workdays of the supervisor's written decision at the second step, a copy of the grievance with the superintendent or designeealleged grievous act. Within ten (10) workdays after such written grievance is filedworking days of the filing of the grievance, the aggrieved employee Manager of Construction or Field Construction Manager shall investigate the grievance and convene a First Step meeting which he or the superintendent or his/her designee shall meet Accredited Union Representative considers necessary to resolve it. The Management Committee shall be comprised of the Manager of Construction or the Field Construction Manager or their designate plus at least one representative of the Employer named in the grievance. The superintendent Union Committee shall include at least two persons, one of whom shall be the Accredited Union Representative for the grievor. The Manager of Construction or his/her designee Field Construction Manager shall file an answer give his reply on the prescribed form to the Accredited Union Representative within ten five (105) workdays working days from the date of the third First Step meeting. Copies of completed grievance forms signed by the appropriate parties shall be filed by the Manager of Construction or the Field Construction Manager with the General Manager of EPSCA. The Accredited Union Representative for the grievor will file a copy with the Union. The EPSCA Representative will send a copy of any signed first step grievance meeting settlement between the Accredited Union Representative and communicate it in writing EPSCA to the grievant, the Union and the supervisorEPSCA office. If the grievance is not resolved satisfactorily at step three, there shall be available a fourth and final step. SECOND STEP 36.4 Within ten (10) workdaysworking days after the disposition has been issued under the First Step REV of this procedure, the Accredited Union and the employee Representative may submit refer the grievance in writing on the prescribed form to binding arbitrationEPSCA's Grievance Officer. An employee may submit a grievance to arbitration only with approval A copy of the Uniongrievance form shall be forwarded by the Accredited Union Representative to the Executive Secretary- Treasurer of the Millwrights Council. Within ten (10) workdays of written notice to submit The EPSCA Grievance Officer shall investigate the grievance to arbitration, the Board and convene a meeting which he or the superintendent Executive Secretary –Treasurer of the Millwrights Council considers necessary to resolve it and give his reply on the prescribed form to the International Representative of the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of within five (5) arbitrators will be made to working days from the Public Employee Relations Board (PERB). Each receipt of the two parties will alternately strike one name grievance form which was completed at a time from the list until only one name shall remainFirst Step. The remaining name Management Committee shall comprise the EPSCA Grievance Officer plus two other Management Representatives, one of whom shall be a representative of the arbitratorEmployer named in the grievance. The arbitrator so selected Union Committee shall confer with be comprised of at least the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection Executive Secretary –Treasurer of the hearing site shall occur no later than three (3) days prior to Millwrights Council or his designate for the hearinggrievor. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from If the date Executive Secretary – Treasurer of the close of the hearingsMillwrights Council elects to appoint a designate, orhe shall inform EPSCA, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by of the Board name of the designate and the employee, and his/her decision must be based solely and only upon his/her interpretation duration of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator's services shall be borne equally by the Board and the Unionappointment.

Appears in 1 contract

Samples: Collective Agreement

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First Step. An Within ten (10) school days from the date of the event giving rise to the grievance or within ten (10) school days of knowledge of the grievance, an attempt shall be made to resolve any the grievance in informal discussion between the complainant and his/her immediate supervisor. If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing andwriting, and at a mutually agreeable time, discuss the matter with the immediate supervisor. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain pertaining to the specific grievancegrievant, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays school days from the date of the event giving rise to the grievance. The supervisor shall make a decision on the grievance and communicate it in writing to the grievant, the Union and the superintendent or designee within ten (10) workdays after receipt of written notice of the grievanceinformal meeting date. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee may filefile in writing, within ten five (105) workdays school days of the supervisor's ’s written decision at the second step, a copy of the grievance with the superintendent or designeeSuperintendent. Within ten (10) workdays school days after such written grievance is filed, the aggrieved employee and the superintendent Superintendent or his/her designee shall meet to resolve the grievance. The superintendent Superintendent or his/her designee shall file an answer within ten five (105) workdays school days of the third step grievance meeting and communicate com- municate it in writing to the grievant, the Union employee and the supervisor. If the grievance is not resolved satisfactorily at step threeStep Three, there shall be available avail- able a fourth and final step. Within ten (10) workdaysUpon approval by the Association, the Union and the employee grievant may submit the grievance in writing to binding arbitration. An employee may submit arbitration by filing a grievance to arbitration only with approval written notice of the Unionsame within ten (10) school days of the step three answer. Within ten (10) workdays school days of written notice to submit the grievance to arbitration, the Board or the superintendent Superintendent and the Union representative grievant shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request written report for a list of five seven (57) arbitrators will be made to the Federal Mediation and Conciliation Services. In the event that arbitrators are not available from this source, the same request will be made to the Public Employee Employment Relations Board (PERB)Board. Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board of Education or the superintendent Superintendent and the Union to set the time grievant and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator promptly and shall issue his/her decision not later than fifteen (15) workdays school days from the date of or the close of the hearings, hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues issue are submitted to him/her. The arbitrator's ’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/his/ her opinion, shall not amend, modify, nullify, ignore, ignore or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, writing by the Board School District and the employee, grievant and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator's services ’s service shall be borne equally by the Board School District and the Unionfor Association.

Appears in 1 contract

Samples: Master Contract

First Step. An attempt shall be made After an employee has a complaint with and has failed to resolve any grievance in informal discussion between complainant and his/her immediate supervisor. If the grievance cannot be resolved informallyobtain satisfaction, within five (5) days, the aggrieved employee Local Union may file the grievance in writing and, at a mutually agreeable time, discuss refer the matter with to the immediate supervisoremployee's next higher level of management or delegate, as appropriate, as a written and dated grievance. The written grievance shall state set forth the nature of the complaint, the date of occurrence of the cause of the complaint, the of the involved, and the provisions of the Agreement, if any, which are claimed to have been violated. R Within ten (10) days the manager will arrange a meeting for discussion of the grievance, shall note to be attended by the specific clause or clauses that pertain to Union Committee and by the specific grievancemanager, and shall state the remedy requestedtogether with other management representatives as appropriate. The filing of senior manager, or delegate, will answer the formal, written grievance at the second step must be within ten (10) workdays days from the date of such meeting. In cases of denial, the grievance response will include facts substantiating the decision. In addition to the Local Union representatives, the National Representative may attend such meeting. At this step of the procedure the parties agree to furnish each other with all facts and then available with respect to the grievance. Failing satisfactory adjustment at the First Step, the Local Union may refer the matter to the National Union. The representatives of the National Union will review the matter and if it is one which is within the power and authority of the Impartial Arbitrator, they may, within thirty (30) days from the date of the event giving rise answer from the senior manager or delegate refer the matter to Impartial Arbitration, in accordance with Article The referral to the grievance. The supervisor selected arbitrator, shall make a decision on the grievance and communicate it in writing to the grievant, the Union and the superintendent or designee be made within ten (10) workdays after receipt days of written notice of the grievancesuch selection. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee may file, within ten (10) workdays of the supervisor's written decision at the second step, a A copy of the grievance with letter requesting the superintendent or designee. Within ten (10) workdays after such written grievance is filed, the aggrieved employee and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall file an answer within ten (10) workdays of the third step grievance meeting and communicate it in writing to the grievant, the Union and the supervisor. If the grievance is not resolved satisfactorily at step three, there shall be available a fourth and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the Board or the superintendent and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the designated arbitrator's services shall be borne equally sent to the Regional Industrial'Relations representative. Prior to the actual submission of the grievance to the Arbitrator, the parties may, by agreement, arrange a further meeting in a final attempt to adjust the Board matter. Any such meeting shall be without prejudice to the rights of either party under the grievance procedure and shall not affect the times prescribed in which appeals may be lodged. In attendance at this meeting will be the full committee, the Regional Industrial Relations representative or delegate and the representative of the National Union. Upon prior notice to the Regional Industrial Relations representative or delegate, a member of the National Union may visit the facilityto the specific grievance. or grievances. Such facility entry visits shall be reasonable in duration, confined to the specific issue and non-restricted areas. The Local Union shall accompany the National Union staff member during the investigation. Whenever one or more grievances involve a similar issue such grievances may be withdrawn without prejudice pending the final disposition of a representative case. In such event, the withdrawal without prejudice will not affect any financial liability requested in the grievances. EXTENSION OF TIME Any period of time specified in the GrievanceProcedure clause may be extended by mutual agreement confirmed by letter from the requesting party. In the event the Company has not responded to the complaint or grievance steps within the time limit and no extension has been agreed upon, the Union may proceed to the next step in the procedure. Failure of the or the Local Union to process a grievance to the next step in the Grievance Procedure within the time limits specified shall not be deemed to have prejudiced the Union on any future similar grievance.

Appears in 1 contract

Samples: Collective Labour Agreement

First Step. An attempt shall be made to resolve any grievance in informal discussion between complainant and his/her immediate supervisor. If the grievance cannot be resolved informally, the aggrieved employee may file file the grievance in writing and, at a mutually agreeable time, discuss the matter with the immediate supervisor. The written grievance shall state the nature of the grievance, shall note the specific specific clause or clauses that pertain to the specific specific grievance, and shall state the remedy requested. The filing filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of the event giving rise to the grievance. The supervisor shall make a decision on the grievance and communicate it in writing to the grievant, the Union and the superintendent or designee within ten (10) workdays after receipt of written notice of the grievance. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee may filefile, within ten (10) workdays of the supervisor's written decision at the second step, a copy of the grievance with the superintendent or designee. Within ten (10) workdays after such written grievance is filedfiled, the aggrieved employee and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall file file an answer within ten (10) workdays of the third step grievance meeting and communicate it in writing to the grievant, the Union and the supervisor. If the grievance is not resolved satisfactorily at step three, there shall be available a fourth and final final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the Board or the superintendent and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator's services shall be borne equally by the Board and the Union.three

Appears in 1 contract

Samples: Negotiated Agreement

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