Common use of Formal Complaint - Step 3, Department Head Clause in Contracts

Formal Complaint - Step 3, Department Head. A. Within seven (7) calendar days from his receipt of the decision at Step 2, the employee may appeal to the Department Head. The original copy of the grievance form, with the reasons in writing for his dissatisfaction with the answer given by the division head, shall be submitted. B. Within five (5) calendar days after receiving the completed grievance form the Department Head or his designated representative shall meet with the employee and they shall thoroughly discuss the grievance. The Department Head shall give his written decision within fifteen (15) calendar days after the discussion. On matters that do not concern or involve the interpretation or application of the specific terms and provision of the MOA or past practice within the department, the written decision of the Department Head shall be final as to the disposition of matters within his authority. Sec. 3004 ARBITRATION: A. A grievance unresolved in the steps enumerated above may be submitted to arbitration by VCSCOA by submitting a letter requesting that the grievance be submitted to arbitration to the Human Resources Director within ten (10) calendar days after the department/agency head renders a decision. Prior to submitting the matter to arbitration, the Human Resources Director, or his designee, may meet with VCSCOA in an effort to resolve the grievance. In the event the parties reach an agreement, such agreement shall be submitted to the Chief Administrative Officer (CAO) for his approval. The CAO shall advise the parties of his decision within ten (10) calendar days after the receipt of the proposed resolution. If the CAO concurs with the agreement, the grievance shall be considered resolved and binding upon the parties. If the CAO rejects the agreement or fails to respond within the ten (10) working days described above, VCSCOA may proceed to submit the matter to arbitration. The grievance submitted to arbitration shall be limited to the grievance originally filed at the first step except as amended by mutual agreement, between VCSCOA and the Human Resources Director or her designee. B. The Arbitrator shall be selected by mutual agreement from a panel of five arbitrators who comprise a permanent panel agreed to by the parties. In the event mutual agreement cannot be reached on an arbitrator within fifteen (15) calendar days of the receipt of notice of appeal to arbitration, the State Conciliation Service shall be asked to list a panel of five individuals from which one name shall be selected by the parties within ten (10) calendar days after the receipt of such list by alternate striking of names. The party making the first deletion shall be determined by lot. The remaining name shall be deemed to be the arbitrator for this grievance. C. Costs of the Arbitrator and Court Reporter, if any, shall be shared equally by the parties. D. The Arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this MOA, but shall determine only whether or not there has been a violation of the MOA in respect to the alleged grievance and remedy. The decision and/or award of the Arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties. The decision and/or award of the Arbitrator shall be final and binding upon the County, VCSCOA, and the employee affected, subject to judicial review. E. If either the County or VCSCOA shall claim before the Arbitrator that a particular alleged grievance fails to meet the tests of arbitrability as set forth in this MOA, the Arbitrator shall proceed to decide such issue before hearing the case upon its merits. The Arbitrator shall have the authority to determine whether he will hear the case on its merits at the same hearing in which the jurisdictional question is presented. In any case where the Arbitrator determines that such grievance fails to meet said test of arbitrability, he shall refer the case back to the parties without a decision or recommendation on the merits.

Formal Complaint - Step 3, Department Head. A. Within seven (7) calendar days from his receipt of the decision at Step 2, the employee may appeal to the Department Head. The original copy of the grievance form, with the reasons in writing for his dissatisfaction with the answer given by the division head, shall be submitted. B. Within five (5) calendar days after receiving the completed grievance form the Department Head or his designated representative shall meet with the employee and they shall thoroughly discuss the grievance. The Department Head shall give his written decision within fifteen (15) calendar days after the discussion. On matters that do not concern or involve the interpretation or application of the specific terms and provision of the MOA Memorandum of Agreement or past practice within the department, the written decision of the Department Head shall be final as to the disposition of matters within his authority. Sec. 3004 ARBITRATION: A. A grievance unresolved in the steps enumerated above may be submitted to arbitration by VCSCOA by submitting a letter requesting that the grievance be submitted to arbitration to the Human Resources Director within ten (10) calendar days after the department/agency head renders a decision. Prior to submitting the matter to arbitration, the Human Resources Director, or his designee, may meet with VCSCOA in an effort to resolve the grievance. In the event the parties reach an agreement, such agreement shall be submitted to the Chief Administrative Officer (CAO) for his approval. The CAO shall advise the parties of his decision within ten (10) calendar days after the receipt of the proposed resolution. If the CAO concurs with the agreement, the grievance shall be considered resolved and binding upon the parties. If the CAO rejects the agreement or fails to respond within the ten (10) working days described above, VCSCOA may proceed to submit the matter to arbitration. The grievance submitted to arbitration shall be limited to the grievance originally filed at the first step except as amended by mutual agreement, between VCSCOA and the Human Resources Director or her designee. B. The Arbitrator shall be selected by mutual agreement from a panel of five arbitrators who comprise a permanent panel agreed to by the parties. In the event mutual agreement cannot be reached on an arbitrator within fifteen (15) calendar days of the receipt of notice of appeal to arbitration, the State Conciliation Service shall be asked to list a panel of five individuals from which one name shall be selected by the parties within ten (10) calendar days after the receipt of such list by alternate striking of names. The party making the first deletion shall be determined by lot. The remaining name shall be deemed to be the arbitrator for this grievance. C. Costs of the Arbitrator and Court Reporter, if any, shall be shared equally by the parties. D. The Arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this MOAAgreement, but shall determine only whether or not there has been a violation of the MOA agreement in respect to the alleged grievance and remedy. The decision and/or award of the Arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties. The decision and/or award of the Arbitrator shall be final and binding upon the County, VCSCOA, and the employee affected, subject to judicial review. E. If either the County or VCSCOA shall claim before the Arbitrator that a particular alleged grievance fails to meet the tests of arbitrability as set forth in this MOAagreement, the Arbitrator shall proceed to decide such issue before hearing the case upon its merits. The Arbitrator shall have the authority to determine whether he will hear the case on its merits at the same hearing in which the jurisdictional question is presented. In any case where the Arbitrator determines that such grievance fails to meet said test of arbitrability, he shall refer the case back to the parties without a decision or recommendation on the merits.

Formal Complaint - Step 3, Department Head. A. Within seven (7) calendar days from his receipt of the decision at Step 2, the employee may appeal to the Department Head. The original copy of the grievance form, with the reasons in writing for his dissatisfaction with the answer given by the division head, shall be submitted. B. Within five (5) calendar days after receiving the completed grievance form the Department Head or his designated representative shall meet with the employee and they shall thoroughly discuss the grievance. The Department Head shall give his written decision within fifteen (15) calendar days after the discussion. On matters that do not concern or involve the interpretation or application of the specific terms and provision of the MOA MoA or past practice within the departmentdepart- ment, the written decision of the Department Head shall be final as to the disposition of matters within his authority. Sec. 3004 ARBITRATION: A. A grievance unresolved in the steps enumerated above may be submitted to arbitration by VCSCOA by submitting a letter requesting that the grievance be submitted to arbitration to the Human Resources Director within ten (10) calendar days after the department/agency head renders a decision. Prior to submitting the matter to arbitration, the Human Resources Director, or his designee, may meet with VCSCOA in an effort to resolve the grievance. In the event the parties reach an agreement, such agreement shall be submitted to the Chief Administrative Officer (CAO) for his approval. The CAO shall advise the parties of his decision within ten (10) calendar days after the receipt of the proposed resolution. If the CAO concurs with the agreement, the grievance shall be considered resolved and binding upon the parties. If the CAO rejects the agreement or fails to respond within the ten (10) working days described above, VCSCOA may proceed to submit the matter to arbitration. The grievance submitted to arbitration shall be limited to the grievance originally filed at the first step except as amended by mutual agreement, between VCSCOA and the Human Resources Director or her designee. B. The Arbitrator shall be selected by mutual agreement from a panel of five arbitrators who comprise a permanent panel agreed to by the parties. In the event mutual agreement cannot be reached on an arbitrator within fifteen (15) calendar days of the receipt of notice of appeal to arbitration, the State Conciliation Service shall be asked to list a panel of five individuals from which one name shall be selected by the parties within ten (10) calendar days after the receipt of such list by alternate striking of names. The party making the first deletion shall be determined by lot. The remaining name shall be deemed to be the arbitrator for this grievance. C. Costs of the Arbitrator and Court Reporter, if any, shall be shared equally by the parties. D. The Arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this MOAMoA, but shall determine only whether or not there has been a violation of the MOA MoA in respect to the alleged grievance and remedy. The decision and/or award of the Arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties. The decision and/or award of the Arbitrator shall be final and binding upon the County, VCSCOA, and the employee affected, subject to judicial review. E. If either the County or VCSCOA shall claim before the Arbitrator that a particular alleged grievance fails to meet the tests of arbitrability as set forth in this MOAMoA, the Arbitrator shall proceed to decide such issue before hearing the case upon its merits. The Arbitrator shall have the authority to determine whether he will hear the case on its merits at the same hearing in which the jurisdictional question is presented. In any case where the Arbitrator determines that such grievance fails to meet said test of arbitrability, he shall refer the case back to the parties without a decision or recommendation on the merits.