Common use of Formal Grievance Resolution Clause in Contracts

Formal Grievance Resolution. Should a grievance not be settled through “informal resolution”, the aggrieved shall reduce the grievance to writing and complete a grievance cover sheet provided by the BPOA, within thirty (30) calendar days from the date of occurrence. The grievance shall be signed by the member and the BPOA shall retain a copy of the grievance. Once a grievance has been reduced to writing it may not be amended in any manner, except for additions or deletions which are in support of and not in addition to the original grievance. The BPOA shall, upon request, receive a copy of the disposition(s) as it progresses through the process. The following formal steps will be followed. Steps 1-3, below, may be by-passed upon written agreement of both parties. 1. Step 1. The written grievance shall be presented to the member's immediate supervisor or the supervisor who initiated the action, which caused the complaint. The supervisor shall return a disposition, in writing, which shall specify the reason(s) for the disposition within ten (10) working days, excluding absences, after receipt of the grievance. 2. Step 2. The supervisor's decision may be appealed to the member’s Commander or designee of the same rank, in writing, which shall specify the reason(s) why the decision of the supervisor is unsatisfactory within ten (10) working days, excluding absences. The BPOA will forward a summary notice of the grievance complaint to the Police Chief and the HR Director. The Commander or designee shall render a decision, in writing, which shall specify the reason(s) for the disposition to the member, within ten (10) working days, excluding absences, of the receipt of the grievance. 3. Step 3. The Commander’s decision may be appealed to the member’s Deputy Chief or designee, in writing, and signed by the employee within ten (10) working days, excluding absences. The written appeal must specify the reason(s) the Commander’s decision is unsatisfactory. The Deputy Chief or designee shall render a decision, in writing, which shall specify the reason(s) for the disposition to the member, within ten (10) working days, excluding absences, of receipt of the grievance. 4. Step 4. The Deputy Chief’s decision may be appealed to the Police chief, in writing, within ten

Formal Grievance Resolution. Should a grievance LEVEL ONE 3:4.1 if the grievant is not be settled through “informal resolution”satisfied with the results of the discussion, the aggrieved shall reduce grievant may appeal the matter by reducing the grievance to writing and complete a grievance cover sheet provided by the BPOA, within thirty (30) calendar days from the date of occurrence. The grievance written form which shall be signed by the member and the BPOA shall retain a copy of the grievance. Once a grievance has been reduced to writing it may not be amended in any manner, except for additions or deletions which are in support of and not in addition to the original grievance. The BPOA shall, upon request, receive a copy of the disposition(s) as it progresses available through the process. The following formal steps will be followed. Steps 1-3, below, may be by-passed upon written agreement of both parties. 1. Step 1Association. The written grievance must be filed with the Supervisor of Transportation within five (5) days of the response rendered at the Informal Stage. 3:4.2 The Supervisor of Transportation shall be presented respond in writing to the member's immediate supervisor or grievant with a copy to the supervisor who initiated the action, which caused the complaint. The supervisor shall return a disposition, in writing, which shall specify the reason(s) for the disposition Association within ten (10) working days, excluding absences, days after receipt of the written grievance. The Supervisor of Transportation shall hold a conference to discuss the grievance in its written form, within the ten (10) day period, unless mutually extended. 2. Step 23:4.3 If the grievant is not satisfied with the Supervisor's response at Level One, the grievant may, no later than five (5) days after receipt of the Supervisor's decision, appeal the matter to the Superintendent or his/her designee. The supervisor's decision may be appealed appeal shall set forth the basis for the grievant’s continued dissatisfaction. 3:4.4 The Superintendent or designee shall respond in writing to the member’s Commander or designee of grievant with a copy to the same rank, in writing, which shall specify the reason(s) why the decision of the supervisor is unsatisfactory Association within ten (10) working days, excluding absencesdays after receipt of the written grievance. The BPOA will forward a summary notice of the grievance complaint to the Police Chief and the HR Director. The Commander Superintendent or designee shall render hold a conference to discuss the grievance in its written form, unless the parties mutually agree that such conference is unnecessary; however, both conference and response are still required within the ten (10) day period, unless mutually extended. The decision of the Superintendent or designee shall finally determine the matter unless, the Association, within fifteen (15) days after receipt of the Superintendent's decision, in writingnotifies the Superintendent of its intent to proceed to grievance mediation. A joint request, which shall specify state in reasonable detail the reason(s) nature of the dispute, shall be made to a mutually agreed upon mediation service. The rules and procedures of the mediation shall then bind the parties for the disposition appointment and conduct of the session. The mediator shall hold a hearing promptly and shall work with both parties to resolve the memberdispute. If the dispute is not resolved through the grievance mediation process, the Association may, within ten (10) working days, excluding absences, days after final disposition of the receipt mediation session, notify the Superintendent in writing of a demand for arbitration which will state in reasonable detail the nature of the grievance. 3dispute and the remedy sought. Step 3Where the Association files a timely demand for arbitration, representatives for the Association and the District shall confer to select an arbitrator. In the event that the parties are unable to agree, the selection of an arbitrator shall be through the Philadelphia Office of the American Arbitration Association in accordance with the rules of Voluntary Labor Arbitration. Section 4013(c) of Title 14 of the Delaware Code shall control the arbitration proceeding. This language can be found here: xxxx://xxxxxxx.xxxxxxxx.xxx/title14/c040/index.shtml. The Commander’s parties agree that termination of non-probationary employees is subject to binding arbitration. The Arbitrator's decision shall not amend, modify, nullify, add to or subtract from the provisions of this Agreement, and must be based solely and only upon the meaning or application of this Agreement as clarified in Section 3:5.13. In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the question of arbitrability shall rest solely with the Arbitrator selected in accordance with the provisions of Section 3:4.8 of this Article. The Arbitrator shall not determine that grievances excluded from arbitration pursuant to Section 3:5.13 are arbitrable. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, living expenses, the cost of the hearing room, cost of witnesses, including cost of substitutes, shall be borne equally by the parties. Procedures A grievant may be appealed represented at any or all stages of the grievance procedure by herself/himself or at her/his option by a representative. In no case shall an employee be represented by an employee organization other than the Association. When an employee is not represented by the Association, the Association shall be notified and have the right to be present and to state its views at all stages of the grievance procedure. The employee's choice to be represented or not to be represented at one level does not prohibit a different choice at a subsequent level. If the employee elects to be represented, the employee must still be present at any level of the grievance procedure where the employee's grievance is to be discussed, except that the employee need not be present where it is mutually agreed that the facts are not in dispute or if the employee is physically incapacitated. Forms for filing grievances shall be prepared jointly by the District and the Association and given appropriate distribution by the Association. No reprisals of any kind shall be taken by the Board or by any member of the administration against any party in interest, any representative, any member of the Association, or any other participant in the grievance procedure by reason of such participation. Where grievance proceedings are mutually scheduled by the parties during school time, the designated persons to be present shall suffer no loss of pay. In the event of a disagreement whether a person is to be present at the grievance, such disagreement shall be subject to resolution through the grievance procedure. Meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives referred to in this article. The Association agrees that when a grievance requires either multiple witnesses or grievants, the Association shall cooperate in arranging for the scheduling of such witnesses in such a manner as to avoid repetitive testimony and to minimize disruption and expense to the member’s Deputy Chief or designeeBoard. All documents, communications, and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. However, all documents, communications, and records normally kept in the employee's personnel file shall be retained in the personnel file. Hearings at any level of this procedure may be waived by mutual agreement of the parties. Time limits may be extended by mutual agreement. The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. If, in writingthe judgment of the Association, and signed a grievance affects a group or class of employees, the processing of such grievance shall be commenced at the informal stage. Level One timelines will not commence until an informal meeting has been held. All individuals in the group or class affected by the grievance filed by an individual or the Association shall be bound to the resolution that is accepted by the Association. Failure at any level of this procedure to communicate the decision on a grievance within the specified time limits shall constitute authority for the employee or the Association to proceed to the next level. Failure by the employee within ten (10) working days, excluding absences. The written or the Association to appeal must specify the reason(s) the Commander’s decision is unsatisfactory. The Deputy Chief or designee shall render a decision, in writing, which shall specify the reason(s) for the disposition grievance to the member, next level within ten (10) working days, excluding absences, of receipt the specified time limits shall be deemed to be acceptance of the decision rendered at that level. It is understood that employees shall, during the pendency of any grievance. 4. Step 4. The Deputy Chief’s decision may be appealed , and absent any Court Order or declaration to the Police chiefcontrary, in writingcontinue to observe all assignments, within tenand applicable rules and regulations of the District until such grievance and any effect thereof shall have been fully determined.