Common use of Formal Grievance Procedure Clause in Contracts

Formal Grievance Procedure. a. STEP 1 i. Within five (5) working days after receiving an unsatisfactory answer at the informal resolution stage, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D). ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative. iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event. ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designee. iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS. iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Formal Grievance Procedure. a. STEP A. Step One 1. If the aggrieved employee does not receive a satisfactory oral answer, or if she/he does not receive any answer at the Oral Step within three (3) mutual working days following the day of oral presentation, the aggrieved employee may reduce the grievance to writing and submit it to the appropriate supervisor. i. Within 2. A grievance must be submitted in writing within fifteen (15) working days of the occurrence of the condition(s) giving rise to the grievance, or within fifteen (15) working days of the date it is reasonable to assume that the employee(s) should reasonably have become aware of the condition(s) giving rise to the grievance, or within three (3) working days following the Oral Step, whichever is latest, in order for the matter to be considered a grievance under this Agreement. 3. The grievance shall be submitted on forms provided by the Union, dated and signed by the aggrieved employee(s) and shall set forth the facts, dates, and provisions of the Agreement that are alleged to have been violated and the remedy desired. 4. In the event the immediate supervisor or designated representative does not answer the grievance within ten (10) working days, the grievance may be appealed to the nexthigher step of this grievance procedure within five (5) working days after receiving an unsatisfactory the expiration of the applicable time limit. 5. In the event the answer at of the informal resolution stagesupervisor or designated representative is unacceptable to the grievant, the grievant(sgrievance may be appealed to the next higher step of this grievance procedure. Any grievance not appealed within five (5) working days after such answer shall file a formal, be considered settled on the basis of the written grievance answer of the B. Step Two 1. If the grievant is not satisfied with the supervisor utilizing disposition of the grievance form at Step One, the grievant may appeal the grievance to the administrative head of the unit or her/his designee within five (Addendum D)5) working days after the date of the answer. Such appeal shall be in writing as in Step One and shall state the reason(s) why the Step One disposition is not satisfactory. ii2. The supervisor shall, within seven Within ten (710) working daysdays after receipt of such request for appeal, have the administrative head or her/his designee shall hold a meeting with the grievant(sgrievant in an attempt to resolve the alleged grievance. Only persons directly related to the grievance shall be present at the meeting. The grievant may be represented by the Union. Representatives of the Employer and the Union shall not exceed three (3) in number respectively (including the grievant and the supervisor), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative. iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event. ii3. Within five (5) working days following conclusion of receiving an unsatisfactory answer from the supervisor in Step 1such meetings, the grievant(s) administrative head or her/his designee shall present provide the grievant with a written grievance in writing to disposition of the Department Head or his/her designeegrievance. iii4. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) Any grievance not appealed within seven five (75) working days after receiving such answer shall be considered settled on the grievancebasis of the written answer of the administrative head or her/his designee and shall not be subject to further appeal and/or review. ivC. Step Three 1. If the grievance grievant is not settled in Step 2, then grievant(s) shall proceed to Step 3 satisfied with the disposition of the formal grievance procedure. c. STEP 3 i. Within ten at Step Two, the grievant may appeal the grievance to the Director of Employee Relations within five (105) working days after the date of the written decision, answer. Such appeal shall be in writing as in Step One and shall state the employee may advance reason(s) why the grievance and/or appeal to the County ManagerStep Two disposition is not satisfactory. ii2. Within ten (10) working days of after receipt of a timely submitted grievance and/or such request for appeal, the County Manager Director of Employee Relations or her/his designee shall reply hold a meeting with the grievant in writingan attempt to resolve the alleged grievance. Only persons directly related to the grievance shall be present at the meeting. Representatives of the Employer and the Union shall not exceed four (4) in number respectively (including the grievant and supervisor). Three (3) of the Union representatives including the grievant may be active employees. iii3. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days following conclusion of receiving such meeting(s), the Office of Employee Relations shall provide the grievant with a written disposition of the grievance. 4. Any grievance not appealed within ten (10) working days after such answer shall be considered settled on the basis of the written answer of the Office of Employee Relations or designated representative and shall not be subject to further appeal and/or review. 5. Classification grievances may be advanced to Step Three only by the Union. The Office of Employee Relations or its designee will have six (6) weeks to respond with a summary of its findings. At the request of either party, a meeting will be held. D. Step Four In the event of an unsatisfactory reply from the County Manager in Step 3decision or no decision, the grievant(s) shall Union may submit the grievance to arbitration. 1. The Union will notify the Department Head, County Manager, and District Attorney in writing Employer of the intent its decision to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS arbitrate within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation expiration of the process with decision time limit placed on Step Three. Following notification, the FMCSUnion and Employer will attempt to select an arbitrator. iii2. If the grievance is not settled in Step 4, the grievant(s) shall proceed parties fail to Step 5 of the formal grievance procedure e. STEP 5 i. Within select an arbitrator within ten (10) working days after notification, the Union will submit a demand for arbitration to the American Arbitration Association within five (5) working days with a copy of the termination demand to the Employer. 3. The American Arbitration Association shall be requested by either or both parties to provide a panel of ten (10) arbitrators. The parties shall attempt to select an arbitrator from this list within ten (10) working days. If there is no selection from the list, the American Arbitration Association shall appoint an arbitrator. 4. The rules of the mediation processAmerican Arbitration Association shall apply to all arbitration hearings. The arbitrator shall be requested to issue her/his decision within thirty (30) days after the conclusion of testimony argument and submission of briefs. The decision of the arbitrator will be final and binding on all parties, and judgment therein may be entered in any court of competent jurisdiction. 5. The process of expedited arbitration, under the rules of the American Arbitration Association, may be utilized by mutual written agreement of the Employer and the Union on a case-by-case basis. The arbitrator need submit only the conclusion and award in writing. 6. Fees and authorized expenses of the arbitrator shall be shared equally by the University and the Union. Verbatim transcripts of the proceedings shall be secured only with the prior mutual consent of the parties, in which case all expenses will be equally borne except for transcribed copies which shall be paid for by the requesting party. 7. The arbitrator shall have no authority to add to, subtract from, alter, change or modify any of the provisions of this Agreement. The decision of the arbitrator shall be limited to only the question(s) submitted to the arbitrator. 8. The arbitrator shall not substitute her/his judgment for that of the Employer where the Employer's judgment and actions are based upon reasonable cause and do not violate the written provisions of this Agreement. The arbitrator shall not render any decision which would require or result in an action in violation of public statutes. The arbitrator may make no award which provides the employee compensation greater than would have resulted had there been no violation. 9. The Employer, in no event, shall be required to pay back wages for more than thirty (30) calendar days prior to the date a written grievance is filed. However, in the case of a pay shortage (other than one resulting from misclassification) of which the employee could not have been aware before receiving her/his pay, any adjustment shall be retroactive to the beginning of the pay period in which the shortage occurred, if the Employee files her/his grievance within thirty (30) working days after she/he becomes aware of such shortage. All claims for back wages shall be limited to the amount of wages that the employee otherwise would have earned less any unemployment compensation, or additional or new wages for personal services that she/he may have received from any source during the period in question. 10. The arbitrator shall have no authority to establish wage and salary scales, rates on new or changed jobs, to change any wage or salary rate, or to change classification descriptions. 11. Excluded from arbitration are disputes and unresolved grievances concerning merit increases beyond the normal increases. 12. If a grievance is appealed to arbitration and the arbitrator finds no authority to rule on such case, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal matter shall be returned to the Department Head, County Manager and parties without decision or recommendation on the District Attorney (or his/her designees)merits of the case.

Appears in 1 contract

Samples: Labor Contract

Formal Grievance Procedure. a. STEP 13.1 A formal grievance process shall be used to resolve an employee’s complaint not satisfactorily resolved through Section 2 of this Article. i. Within 3.2 An employee shall have the right to present a formal grievance, in writing, within five (5) working days after receiving an unsatisfactory answer at unsuccessful resolution of the informal resolution stage, the grievant(s) shall file a formal, written grievance with the immediate supervisor utilizing grievance form (Addendum D)and the immediate supervisor’s superior. ii. 3.3 All formal grievances shall state in writing the violation of this Memorandum of Understanding and the manner in which it affects the employee’s wages, hours, working conditions or job security. 3.4 The supervisor shallformal grievance shall be presented to the employee’s supervisor, who shall discuss the grievance with the employee and/or the employee’s designated representative, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative. iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event. ii. Within five (5) working days after receipt of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designee. iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the formal grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. 3.5 Within ten (10) working days of this discussion, the supervisor shall render a written decisiondecision regarding its merits. 3.6 If the supervisor’s decision does not satisfactorily resolve the complaint, the employee and/or employee’s designated representative may advance present the formal grievance to the City’s designated Employee Relations Officer. 3.7 The grievance shall be considered resolved and no further review of the subject matter of the grievance and/or appeal shall be permitted under this Article when the employee does not seek further review of the grievance within ten (10) working days after the receipt of the decision of the supervisor. 3.8 Failure of the supervisor to render a written decision on the grievance within five (5) working days constitutes a decision denying the grievance. 3.9 When the employee presents a formal grievance to the County Managerdesignated Employee Relations Officer, the Employee Relations Officer shall discuss the grievance with the employee and/or the employee’s designated representative. ii. 3.10 Within ten (10) working days of after receipt of a timely submitted grievance and/or appealthe formal grievance, the County Human Resources Director shall render a written decision regarding its merits. 3.11 If the decision of the Employee Relations Officer does not resolve the complaint, the employee and/or the employee’s designated representative may present the formal grievance to the City Manager. 3.12 The grievance shall be considered resolved, and no further review of the subject matter of the grievance shall be permitted when the employee does not seek further review of the grievance within ten (10) working days after receipt of the decision of the Employee Relations Officer. 3.13 When the employee presents a formal grievance to the City Manager, the City Manager shall reply in writingdiscuss the grievance with the employee and/or the employee’s designated representative. iii. 3.14 Within ten (10) working days of after receipt of the County Manager’s replygrievance, if the City Manager shall render a written decision regarding its merits. 3.15 The decision of the City Manager shall resolve the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 and no further review of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost subject matter of the grievance otherwise chargeable to the Association, shall be permitted within the employeeCity’s responsibilityadministrative procedures. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from 3.16 Should the County City Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent fail to participate in render a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS written decision within ten (10) working days days, the employee may consider the administrative procedures completed and file for redress of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCSgrievance. iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).

Appears in 1 contract

Samples: Memorandum of Understanding

Formal Grievance Procedure. a. STEP 1 i. Within five (5) working days A. Step One – If after receiving an unsatisfactory answer at discussions with the informal resolution stageimmediate supervisor, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D). ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative. iv. If employee does not feel the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Associationhas been properly addressed, the grievance may commence directly at Step 2 within fifteen (15) working days from shall be reduced to writing. The grievance statement shall include the event creating following information: 1. A statement of the grievance or from clearly indicating the date that question raised by the association gains knowledge grievant and the article(s) and section(s) of such eventthis Collective Bargaining Agreement implicated. ii2. Within five (5) working days of receiving an unsatisfactory answer from The remedy or correction requested by the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head aggrieved party. The Chief or his/her designee. iii. The Department Head, or his/her designee, designee shall render a decision respond to the grievance in writing to the grievant(s) within seven (7) working days after receiving the grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County grievance. The grievance response shall include the following: 1. A complete statement of the City’s position and the facts upon which the statement is based. 2. The remedy or correction which has been offered by the City, if any. B. Step Two – If a mutual satisfactory solution has not been reached at the first step, the grievant has ten (10) working days to submit the grievance to the City Manager. The Union representative and the City Manager will meet in an effort to settle the matter. The City Manager’s reply, answer to the grievance shall be communicated to the grievant within (10) working days after said meeting is held. C. Step Three – An appeal may be referred to mediation if the grievance and/or appeal grievant is not settled in Step 3, then grievant(s) shall proceed to Step 4 satisfied with the dispositions of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost City Manager’s review step of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager procedure. If both parties agree in Step 3writing, the grievant(s) shall mediation process may be waived. The grievant must notify the Department Head, County Manager, and District Attorney City in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent the City Manager’s decision of grievant’s request to refer the matter to mediation. The City shall respond to the grievant within ten (10) working days and request proposed dates for proceed to schedule a mediation hearing with the California State Mediation and Conciliation Service. Mediation conference(s) shall take place at a mutually convenient time and location, and shall not be open to parties other than those who are direct parties to the grievance. Proceedings before the mediator shall be confidential, informal in nature and shall not be admissible in any subsequent hearing (arbitration or otherwise). No transcript or record of the mediation sessionconference shall be made. The In the event a resolution is reached, the parties agree to participate may stipulate the unresolved issues in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCSwriting and submit them for arbitration. iii. If the grievance is not settled in D. Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Four – Within ten (10) working days of the termination conclusion of the mediation process, or if the Association must submit in writing a notice mediation process is not utilized, then within ten (10) days of intent receipt of the City Manager’s decision pursuant to arbitrate step two of the grievance and/or appeal to process, the Department Head, County Manager Union may request arbitration. An arbitrator may be selected by mutual agreement between the City and the District Attorney (or his/her designees)Union.

Appears in 1 contract

Samples: Memorandum of Understanding

Formal Grievance Procedure. a. STEP 1 i. Within five (5i) working days Step One – If after receiving an unsatisfactory answer at discussions with the informal resolution stageimmediate supervisor, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D). ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative. iv. If employee does not feel the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Associationhas been properly addressed, the grievance may commence directly at Step 2 within fifteen shall be reduced to writing. The grievance statement shall include the following information: (151) working days from the event creating A statement of the grievance or from clearly indicating the date that question raised by the association gains knowledge grievance and the article(s) and section(s) of such eventthis Collective Bargaining Agreement. ii(2) The remedy or correction requested by the aggrieved party. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the The Department Head or his/her designee. iii. The Department Head, or his/her designee, designee shall render a decision respond to the grievance in writing to the grievant(s) within seven (7) working days after receiving the grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County grievance. (3) The grievance response shall include the following: a. A complete statement of the City’s position and the facts upon which the statement is based. b. The remedy or correction which has been offered by the City, if any. (ii) Step Two – If a mutual satisfactory solution has not been reached at the first step, the grievant has ten (10) working days to submit the grievance to the City Manager. The Union representative and the City Manager will meet in an effort to settle the matter. The City Manager’s reply, answer to the grievance shall be communicated to the grievant within (10) working days after said meeting is held. (iii) Step Three – An appeal may be referred to mediation if the grievance and/or appeal grievant is not settled in Step 3, then grievant(s) shall proceed to Step 4 satisfied with the dispositions of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost City Manager’s review step of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager procedure. If both parties agree in Step 3writing, the grievant(s) shall mediation process may be waived. The grievant must notify the Department Head, County Manager, and District Attorney City in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent the City Manager’s decision of xxxxxxxx’s request to refer the matter to mediation. The City shall respond to the grievant within ten (10) working days and request proposed dates for proceed to schedule a mediation hearing with the California State Mediation and Conciliation Service. Mediation conference(s) shall take place at a mutually convenient time and location, and shall not be open to parties other than those who are direct parties to the grievance. Proceedings before the mediator shall be confidential, informal in nature and shall not be admissible in any subsequent hearing (arbitration or otherwise). No transcript or record of the mediation sessionconference shall be made. The In the event a resolution is reached, the parties agree to participate may stipulate the unresolved issues in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCSwriting and submit them for arbitration. iii. If the grievance is not settled in (iv) Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Four – Within ten (10) working days of the termination conclusion of the mediation process, or if the Association must submit in writing a notice mediation process is not utilized, then within ten (10) days of intent receipt of the City Manager’s decision pursuant to arbitrate step two of the grievance and/or appeal process, the Union may request arbitration. (1) An arbitrator may be selected by mutual agreement between the City and the Union. (2) Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the Department Head, County Manager State Mediation and the District Attorney Conciliation Service for a list of five (or his/her designees5).

Appears in 1 contract

Samples: Memorandum of Understanding

Formal Grievance Procedure. a. STEP 1 i. Within five (5) working days after receiving an unsatisfactory answer at . Step 1. If the informal resolution stagegrievance is accepted, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D). ii. The supervisor grievant shall, within seven (7) working calendar days, have a meeting submit the grievance to the Division Chief. The Division Chief, after conferring with the grievant(s)Assistant Chief, and, if requestedshall meet with the grievant and thoroughly discuss the grievance prior to issuing any response to the employee. Within four (4) calendar days, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor Division Chief shall give a the written reply decision to the grievant(s), and employee on the grievant(s)’ representative. ivappropriate form. If the grievance Division Chief fails to reply within this time period, or issues a decision which is not settled in Step 1 unsatisfactory to the grievant(s) shall employee, the employee may proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In . Step 2. Within fourteen (14) calendar days after the event the grievant is the AssociationDivision Chief’s response, the grievance employee or employee representative may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event. ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present submit the written grievance in writing to the Department Head or his/her designee. iiiFire Chief. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within Within seven (7) working calendar days after receiving receipt of the grievance. iv, the Fire Chief will call for a conference to allow for full discussion of the grievance with the parties involved and their representatives. Within fourteen (14) calendar days of the meeting, the Fire Chief must give a written decision on the appropriate form. If the grievance employee is not settled in Step 2, then grievant(s) shall proceed to Step 3 satisfied with the decision of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decisionFire Chief, the employee may advance the grievance and/or appeal proceed to the County Managernext step. ii3. Step 3. Within ten seven (107) working calendar days of receipt of a timely submitted grievance and/or appealafter the Fire Chief’s response, the County Manager employee shall reply in writing. iiisubmit the written grievance on the appropriate form to the Human Resources Division Manager. The grievance shall state that a resolution of the issue was unattainable through the informal and formal procedures through Step 2, and that the formal hearing is now requested. Within ten fourteen (1014) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working calendar days of receiving an unsatisfactory reply from the County Manager in Step 3grievance, the grievant(s) shall notify the Department Head, County Human Resources Division Manager, and District Attorney in writing concert with the Union, shall initiate the selection of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith hearing officer as stated in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCSArticle “Hearing Officer. iii. If ” The Hearing Officer shall conduct a formal hearing on the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).within thirty

Appears in 1 contract

Samples: Memorandum of Understanding

Formal Grievance Procedure. a. STEP ‌ The formal grievance procedure provided by this Agreement shall be as follows: Step 1 i. : If a grievance is not resolved informally, an aggrieved employee may, with or without Union representation, initiate a grievance by submitting it in writing in the prescribed format to histheir designated supervisor (Battalion Chief or Deputy Chief, as appropriate) within ten (10) twenty (20) workingcalendar days after the occurrence that gives rise to the grievance or within ten (10) twenty (20) working calendar days of when such occurrence should have reasonably been known. The written grievance must at all steps of the grievance procedure include the following: (a) a statement detailing what the alleged violation is about, including the date of the occurrence, the person(s) involved, and the general facts describing what happened; (b) the Article(s) and Section(s) of this Agreement that have allegedly been violated; (c) the action, remedy or solution requested by the employee; (d) the date the grievance is being submitted; (e) the signature of the employee and, if applicable, the Union representative; and (f) employee’s reason for rejecting Management’s formal response (if the grievance is being taken to the next Step). Written grievances which do not include the above information will be returned to the aggrieved employee for correction and resubmission one (1) time only. The employee shall make all necessary revisions and re-file the grievance within five (5) working days after he they receive it back from County. Failure to do so shall render the grievance null and void, and bar any further appeals. Within five (5) working days after receiving an unsatisfactory answer at the informal resolution stageoriginal written grievance or the resubmitted grievance, whichever is applicable, the grievant(s) designated supervisor shall file a formal, written grievance meet with the supervisor utilizing grievance form (Addendum D). iiaggrieved employee and/or the Union representative to seek a resolution of the grievance. The designated supervisor shall, within seven shall give his their written decision or answer to the employee and/or Union representative no later than five (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (75) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representativeafter that meeting. iv. Step 2: If the grievance is not settled in resolved at Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association1, the grievance aggrieved employee or Union may commence directly at Step 2 submit a written appeal to the Fire/EMS Director Chief or his designee within fifteen five (155) working days from after receiving the event creating decision or answer at Step 1. Grievances initiatedinitially submitted at Step 2, as defined above, shall be submitted in writing, in the prescribed format, within ten (10) working days after the occurrence that gives rise to the grievance or from the date that the association gains knowledge within ten (10) working days of when such event. iioccurrence shall have been reasonably known. Within five (5) working days of after receiving an unsatisfactory answer from the supervisor in Step 1written appeal, the grievant(s) Fire/EMS Director Chief or his designee shall present meet with the aggrieved employee and/or the Union representative to seek a resolution of the grievance. The Fire/EMS DirectorChief or his designee shall give his their written grievance in writing decision or answer to the Department Head employee and/or Union representative no later than five (5) working days after that meeting. If the grievance is not resolved at Step 2, the aggrieved employee or his/her designee. iii. The Department Head, or his/her designee, shall render Union may submit a decision in writing written appeal to the grievant(s) County’s Human Resources Director within seven five (75) working days after receiving the grievance. iv. If the grievance is not settled in Department Head’s Chief’s or designee’s decision or answer at Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of after receiving an unsatisfactory reply from the County Manager in Step 3written appeal, the grievant(s) Human Resources Director or his designee shall notify meet with the Department Headaggrieved employee, County Manager, Management and District Attorney in writing Union Officials to seek a resolution of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). iigrievance. The grievant(s) Human Resources Director or his designee shall contact give his their written decision or answer to the FMCS within ten employee and/or Union Officials no later than five (105) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS. iiithat meeting. If the grievance is not settled in resolved at Step 43, the grievant(saggrieved employee, Union and County may jointly request mediation by serving written notice on the Federal Mediation and Conciliation Service (FMCS) no later than 15 calendar days after the Human Resources Director’s decision or answer at Step 3. If mediation is agreed to, the time limits to file for arbitration shall proceed be extended for the time necessary to Step 5 of the formal grievance procedure e. STEP 5 i. Within ten (10) working conclude mediation. Mediation shall be completed within 45 calendar days of the termination date the mediator was advised of histheir selection, unless otherwise extended by written agreement of Union and County. If the mediation processgrievance is resolved as a result of mediation, the Association must submit in resolution shall be reduced to writing a notice of intent to arbitrate and signed by Union and County. If the grievance and/or appeal to is not resolved as a result of mediation, the Department Head, County Manager and aggrieved employee or Union may request arbitration within the District Attorney (or his/her designees)applicable time limits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Grievance Procedure. a. STEP ‌ The formal grievance procedure provided by this Agreement shall be as follows: Step 1 i. : If a grievance is not resolved informally, an aggrieved employee may, with or without Union representation, initiate a grievance by submitting it in writing in the prescribed format to their designated supervisor (Battalion Chief or Deputy Chief, as appropriate) within fifteen (15) working days after the occurrence that gives rise to the grievance or within fifteen (15) working days of when such occurrence should have reasonably been known. The written grievance must at all steps of the grievance procedure include the following: (a) a statement detailing what the alleged violation is about, including the date of the occurrence, the person(s) involved, and the general facts describing what happened; (b) the Article(s) and Section(s) of this Agreement that have allegedly been violated; (c) the action, remedy or solution requested by the employee; (d) the date the grievance is being submitted; and (e) the signature of the employee and, if applicable, the Union representative. Written grievances which do not include the above information will be returned to the aggrieved employee for correction and resubmission one (1) time only. The employee shall make all necessary revisions and re-file the grievance within five (5) working days after they receive it back from County. Failure to do so shall render the grievance null and void, and bar any further appeals. Within five (5) working days after receiving an unsatisfactory answer at the informal resolution stageoriginal written grievance or the resubmitted grievance, whichever is applicable, the grievant(s) designated supervisor shall file a formal, written grievance meet with the supervisor utilizing grievance form (Addendum D). iiaggrieved employee and/or the Union representative to seek a resolution of the grievance. The designated supervisor shall, within seven shall give their written decision or answer to the employee and/or Union representative no later than five (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (75) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representativeafter that meeting. iv. Step 2: If the grievance is not settled in resolved at Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association1, the grievance aggrieved employee or Union may commence directly at Step 2 submit a written appeal to the Public Safety Director or designee within fifteen five (155) working days from after receiving the event creating decision or answer at Step 1. Grievances initially submitted at Step 2, as defined above, shall be submitted in writing, in the prescribed format, within ten (10) working days after the occurrence that gives rise to the grievance or from the date that the association gains knowledge within ten (10) working days of when such event. iioccurrence shall have been reasonably known. Within five (5) working days of after receiving an unsatisfactory answer from the supervisor in Step 1written appeal, the grievant(s) Public Safety Director or designee shall present meet with the aggrieved employee and/or the Union representative to seek a resolution of the grievance. The Public Safety Director or designee shall give their written grievance in writing decision or answer to the Department Head or his/her designeeemployee and/or Union representative no later than five (5) working days after that meeting. iii. The Department HeadStep 3: If the grievance is not resolved at Step 2, the aggrieved employee or his/her designee, shall render Union may submit a decision in writing written appeal to the grievant(s) County’s Human Resources Director within seven five (75) working days after receiving the grievance. iv. If the grievance is not settled in Public Safety Director’s or designee’s decision or answer at Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of after receiving an unsatisfactory reply from the County Manager in Step 3written appeal, the grievant(s) Human Resources Director or designee shall notify meet with the Department Headaggrieved employee, County Manager, Management and District Attorney in writing Union Officials to seek a resolution of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). iigrievance. The grievant(s) Human Resources Director or designee shall contact give their written decision or answer to the FMCS within ten employee and/or Union Officials no later than five (105) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS. iiithat meeting. If the grievance is not settled in resolved at Step 43, the grievant(saggrieved employee, Union and County may jointly request mediation by serving written notice on the Federal Mediation and Conciliation Service (FMCS) no later than 15 calendar days after the Human Resources Director’s decision or answer at Step 3. If mediation is agreed to, the time limits to file for arbitration shall proceed be extended for the time necessary to Step 5 of the formal grievance procedure e. STEP 5 i. Within ten (10) working conclude mediation. Mediation shall be completed within 45 calendar days of the termination date the mediator was advised of their selection, unless otherwise extended by written agreement of Union and County. If the mediation processgrievance is resolved as a result of mediation, the Association must submit in resolution shall be reduced to writing a notice of intent to arbitrate and signed by Union and County. If the grievance and/or appeal to is not resolved as a result of mediation, the Department Head, County Manager and aggrieved employee or Union may request arbitration within the District Attorney (or his/her designees)applicable time limits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Formal Grievance Procedure. a. STEP 1 i. Within five seven (57) working days after receiving an unsatisfactory answer at the informal resolution stage, the grievant(s) shall file a formal, written grievance with the supervisor utilizing NCLEA grievance form (Addendum D). ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(sxxxxxxxx(s), and the grievant(s)’ representative. iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event. ii. Within five seven (57) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designee. iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS. iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Grievance Procedure. a. STEP The following sets forth steps to be followed in attempting to resolve grievances: Step 1 i. Within five . In the event that the problem is not resolved informally, as set forth in 5.1.4, it shall be reduced to writing and submitted to the appropriate administrator as a grievance within thirty (530) working days after receiving an unsatisfactory answer at of the informal resolution stagetime the grievant had knowledge or should have had knowledge of the problem giving rise to the grievance. The written grievance shall state the fact(s) upon which it is based, the grievant(s) shall file a formalissue involved, written grievance with the supervisor utilizing grievance form (Addendum D). ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s)any Agreement provisions allegedly violated, and the grievant(s)’ representativerelief sought. ivStep 2. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is unsatisfied with the disposition of the grievance at Step I, or in the event no decision is reached within five (5) days after the presentation of the grievance, the grievant and/or the Association may, within five (5) days thereafter, refer the matter in writing to the Superintendent, either by certified mail or in person. (a) If the Association decides not to pursue the grievance, it shall notify the grievant and the District Superintendent in writing, and the matter, insofar as the Association is concerned, is terminated. (b) The Association, in pursuing the grievance may commence directly at Step 2 on behalf of the grievant, shall meet with the Superintendent or his/her designee within ten (10) days of the Superintendent’s receipt of the notice, in an effort to reach an equitable solution. (c) The superintendent or his/her designee shall issue a written response to the grievant within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such eventfollowing this meeting. ii. Within five (5d) working days of receiving Time limits, as set forth in this section, shall also apply when an unsatisfactory answer from the supervisor employee is acting in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designeeown behalf. iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee grievant is proceeding without Association support, unsatisfied with the cost disposition of the grievance otherwise chargeable to at the Associationconclusion of Step 2, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3said grievant may, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS within ten (10) working days days, refer the grievance to the Eatonville School Board of Directors. A quorum of the notice board of intent and request proposed dates for directors shall consider the mediation matter in executive session, if permitted by law, at which the grievant may appear. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasibleboard of directors may issue a bench decision, but in no any event longer than sixty (60) days after initiation of the process with the FMCS. iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Within give its answer within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees)days.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Grievance Procedure. a. STEP 1 i. Within five A. Step One - If a complaint is not resolved through an informal resolution procedure, the grievant or the Association may present a formal grievance in writing stating specifically what section(s) of the contract has been violated to the appropriate, immediately involved administrator who will arrange for a meeting to take place within ten (510) working days after receiving an unsatisfactory answer at the informal resolution stage, the grievant(s) shall file a formal, receipt of thegrievance. Such written grievance with the supervisor utilizing grievance form shall be submitted not later than fifteen (Addendum D). ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (715) working days thereafter, after the supervisor shall give a written reply occurrence of the events giving rise to the grievant(s), and the grievant(s)’ representative. iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within or fifteen (15) working days from the event creating date by which the affected faculty member(s) and/or the Association knew or should have known of such occurrence. The Association representative, the grievant and the immediately involved administrator or designee shall be present at the meeting. The immediately involved administrator or designee shall provide the grievant and the Association with a written answer with reason(s) to the grievance or from the date that the association gains knowledge of such event. ii. Within five within ten (510) working days of receiving an unsatisfactory answer from after the supervisor in meeting. B. Step 1Two - If the grievance is not resolved at Step One, then the grievant(s) grievant or the Association shall present refer the written grievance in writing to the Department Head Chief Academic Officer or hisher/her designee. iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) his official designee within seven (7) working days after receiving the grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 receipt of the formal grievance procedure. c. STEP 3 i. Within ten Step One answer or within seven (107) working days after the Step One meeting, whichever is later. The Chief Academic Officer or designee shall arrange for a meeting with the grievant and the representative(s) of the written decision, the employee may advance the Association's grievance and/or appeal committee to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS take place within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation her/his receipt of the process with the FMCS. iiiStep Two filing. If the grievance is not settled in Step 4A written response, the grievant(sincluding reason(s) shall proceed be provided to Step 5 of the formal grievance procedure e. STEP 5 i. Within grievant within ten (10) working days of after the termination of meeting. If the mediation processgrievance arises from a decision by the Chief Academic Officer, the Association must submit grievance may be initiated at Step Two, provided such is filed no later than the time limits prescribed in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees)Step One.

Appears in 1 contract

Samples: Adjunct Faculty Agreement

Formal Grievance Procedure. a. STEP 1 i. Within five (5) working days after receiving an unsatisfactory answer at the informal resolution stage, the grievant(s) shall file a formal, written grievance with the supervisor utilizing NCLEA grievance form (Addendum D). ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative. iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event. ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designee. iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS. iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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