Formal Steps. Step One: The grievance shall be reduced to writing and submitted to the department head within fourteen (14) calendar days excluding holidays, from the date on which the alleged violation of the Agreement or policy took place. The grievance shall be signed by the grievant and/or Union representative, and shall set forth the nature of the dispute, the relief sought and the specific provisions of the Agreement/policy alleged to have been violated. The department head shall answer the grievance in writing within seven (7) calendar days excluding holidays, after its receipt. Step Two: The grievance may be appealed by written notice to the Vice President for Human Resources of the University or his representative within seven (7) calendar days excluding holidays, after the Step One decision was rendered or due. The Vice President for Human Resources or his representative will convene a hearing within twenty-one (21) calendar days, excluding weekends and holidays, after receipt of the grievance unless extended by mutual agreement. The employee may be represented at such hearing by the Union representative, Local Union President or designee. The Vice President for Human Resources or his representative will render a decision within twenty one (21) calendar days from the date of the conclusion of the hearing. Beginning with discipline that takes place on or after July 1, 2003, discipline that is grieved in accordance with Step One of the grievance procedure shall be stayed until resolved through Step Two. Such grieved discipline may not be referred to or relied upon in any evaluation, promotional decision or subsequent disciplinary charge, other than termination until the grieved discipline has been resolved through Step Two. Grieved discipline shall be considered resolved through Step Two after the Vice President of Human Resources or his/her representative has held a hearing and rendered a decision in accordance with that step of the grievance procedure or, for discipline subject to arbitration, the time for the hearing or decision has passed. This provision shall not apply to:
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Formal Steps. Step One: The grievance shall be reduced to writing and submitted to the department head within fourteen (14) calendar days excluding holidays, from the date on which the alleged violation of the Agreement or policy took place. The grievance shall be signed by the grievant and/or Union representative, and shall set forth the nature of the dispute, the relief sought and the specific provisions of the Agreement/policy alleged to have been violated. The department head shall answer the grievance in writing within seven (7) calendar days excluding holidays, after its receipt. Step Two: The grievance may be appealed by written notice to the Vice President for Human Resources of the University or his representative within seven (7) calendar days excluding holidays, after the Step One decision was rendered or due. The Vice President for Human Resources or his representative will convene a hearing within twenty-one (21) calendar days, excluding weekends and holidays, after receipt of the grievance unless extended by mutual agreement. The employee may be represented at such hearing by the Union representative, Local Union President or designee. The Vice President for Human Resources or his representative will render a decision within twenty twenty-one (21) calendar days from the date of the conclusion of the hearing. Beginning with discipline that takes place on or after July 1, 2003, discipline that is grieved in accordance with Step One of the grievance procedure shall be stayed until resolved through Step Two. Such grieved discipline may not be referred to or relied upon in any evaluation, promotional decision or subsequent disciplinary charge, other than termination until the grieved discipline has been resolved through Step Two. Grieved discipline shall be considered resolved through Step Two after the Vice President of Human Resources or his/her representative has held a hearing and rendered a decision in accordance with that step of the grievance procedure or, for discipline subject to arbitration, the time for the hearing or decision has passed. This provision shall not apply to:
Appears in 2 contracts
Formal Steps. Step One: All disciplinary grievances must be signed by the individual grievants prior to the filing of the Step 1 (or Step II) appeal or within two (2) workdays of the filing of the appeal. The grievance shall be reduced to writing and submitted to the department head within fourteen thirty (1430) calendar days days, excluding holidays, from the date on upon which the bargaining unit member first gained or should reasonably have gained knowledge of the alleged violation of the Agreement or policy took place. The grievance shall be signed by the grievant and/or Union representative, and shall set forth the nature of the dispute, the relief sought and the specific provisions provision of the Agreement/policy alleged to have been violated. The department head shall answer the grievance in writing within seven fourteen (714) calendar days days, excluding holidays, after its receipt. Step Two: The grievance may be appealed by written notice to the Vice President for Human Resources of the University or his his/her representative within seven ten (710) calendar days days, excluding holidays, after the Step One decision was rendered or due. The grievances filed initially at Step II pursuant to the fifth paragraph of 14.02C, must be filed within thirty (30) calendar days of the date upon which the bargaining unit members first gained or should reasonably have gained knowledge of the action which is the subject of the grievance. The Vice President for Human Resources or his his/her representative will convene a hearing within twenty-one thirty (2130) calendar days, excluding weekends and holidays, after receipt of the grievance unless extended by mutual agreement. The employee bargaining unit members may be represented at such hearing by the Union representative, Local Union President representative or designee. The Vice President for Human Resources or his his/her representative will render a decision within twenty one thirty (2130) calendar days from the date of the conclusion of the hearing. Beginning Step Three Arbitration: In the event the grievance has not been satisfactorily resolved in Step Two and the grievance involved an alleged violation of the Agreement as described in the definition of a grievance in A(1) above or in the case of discipline as defined as arbitrable in section 14.01, paragraph 4, [then] a request for arbitration may be brought only by the Union within thirty (30) calendar days from the date the Union receives the Step Two decision. The request for arbitration shall be submitted in writing to the Public Employment Relations Commission, with discipline a copy sent to the Director of Labor Relations. Arbitrators shall be selected, on a case-by-case basis, under the selection procedure of the Public Employment Relations Commission. A transcript of all arbitration hearings may be taken. All expenses of arbitration shall be borne by the University and Union equally, except that takes place on the cost of preparing and presenting each party’s case or charge for a late cancellation shall be borne by each respective party. The arbitrator selected shall be requested to hold the arbitration within one hundred and eighty (180) calendar days from receipt of the request for arbitration and render his/her decision within thirty (30) calendar days after July 1the close of the hearing unless such time is extended by mutual consent of the parties in writing. The arbitrator shall have the right to subpoena relevant documents and witnesses if requested by either party. The function of the neutral arbitrator shall be a judicial rather than a legislative nature. The arbitrator shall give effect to the plain meaning of the Agreement language and shall not interpret such language unless the meaning of the language is unclear and ambiguous. When an arbitrator is called upon to interpret language in this Agreement, 2003he/she shall render a decision which is consistent with the plain meaning of the interpretation and with general considerations reserved to management by the Public Staff Member Relations Act and case interpretation of the Act. The arbitrator shall not have the power to add to, discipline subtract from or otherwise amend this Agreement nor shall he/she have the authority to prescribe a monetary award as a penalty for a violation of this Agreement. Should the arbitrator reinstate a staff member with back pay, the staff member may be paid for the hours he/she would have worked in his/her normally scheduled work week, at his/her base rate of pay less any deductions required by law or other off-setting income for the back pay period specified by the arbitrator. The decision of the arbitrator shall be final and binding upon the University, the Union and staff member, unless either party seeks a review in an appropriate court proceeding. In the event either party seeks a review, such procedure shall operate as a stay of the arbitrator’s award until the judicial review is concluded. The terms of any settlement agreed upon in a case that has been filed for arbitration shall be implemented as soon as practical, but in any event no later than forty-five (45) days after the settlement is grieved fully executed. The settlement may contain, if appropriate, either as a term of the settlement, or as an appendix, a statement(s) concerning the implementation of the terms of the settlement. With respect to contract interpretation grievances, the scope of judicial review shall be limited to determining whether the arbitrator’s award is within the limits of the authority of the arbitrator as set forth in this Article. A neutral arbitrator may hear and decide only one grievance during one arbitration proceeding unless otherwise mutually agreed in writing by the parties. In the event that either party asserts that the grievance is barred or waived by the grieving party’s failure to follow procedures or adhere to the time limits specified in this Article, the neutral arbitrator selected in accordance with Step One the provisions contained herein shall render a decision as to the waiver or bar of the grievance procedure issue prior to any hearing on the merits of the grievance, unless the parties mutually agree in writing otherwise. The parties agree that the issue of waiver or bar shall not be decided by the same arbitrator who decides the merits of the grievance, unless the parties mutually agree in writing otherwise. Both parties shall be stayed until resolved through Step Two. Such grieved discipline may not be referred to or relied upon in given ample notice of the time and place of any evaluation, promotional decision or subsequent disciplinary charge, other than termination until hearing before the grieved discipline has been resolved through Step Two. Grieved discipline arbitrator and shall be considered resolved through Step Two after afforded ample opportunity to present to the Vice President arbitrator evidence and contentions pertinent to the question or questions at issue, including the direct and cross- examination of Human Resources or all witnesses. The arbitrator shall not substitute his/her representative judgment for the University where this Agreement has held a hearing and rendered a decision in accordance with that step specified whose judgment will be used or the matter involved has been reserved to the University by law or this Agreement. Upon receipt of the grievance procedure orarbitrator’s award, for discipline subject corrective action, if any, will be implemented as soon as practical, but in any event no later than thirty (30) calendar days after receipt of the arbitrator’s award, unless a party wishes to arbitrationchallenge the award. If the arbitrator’s decision is not challenged within thirty (30) calendar days, the time for decision shall be final and binding. If challenged, the hearing or decision has passedappropriate party must initiate such legal proceedings as available within thirty (30) calendar days of receipt of such award from the arbitrator. This provision shall not apply to:In the event such legal remedy is pursued, corrective action will be implemented no later than fifteen (15) calendar days after final resolutions by the courts.
Appears in 2 contracts
Samples: laborrelations.rutgers.edu, cwa1031.org
Formal Steps. Step One: All disciplinary grievances must be signed by the individual grievants prior to the filing of the Step 1 (or Step II) appeal or within two (2) workdays of the filing of the appeal. The grievance shall be reduced to writing and submitted to the department head within fourteen (14) calendar days days, excluding holidays, from the date on upon which the bargaining unit member first gained or should reasonably have gained knowledge of the alleged violation of the Agreement or policy took place. The grievance shall be signed by the grievant and/or Union representative, and shall set forth the nature of the dispute, the relief sought and the specific provisions provision of the Agreement/policy alleged to have been violated. The department head shall answer the grievance in writing within seven (7) calendar days days, excluding holidays, after its receipt. Step Two: The grievance may be appealed by written notice to the Vice President for Human Resources of the University or his his/her representative within seven (7) calendar days days, excluding holidays, after the Step One decision was rendered or due. The grievances filed initially at Step II pursuant to the fifth paragraph of 14.02C, must be filed within twenty-one (21) calendar days of the date upon which the bargaining unit members first gained or should reasonably have gained knowledge of the action which is the subject of the grievance. The Vice President for Human Resources or his his/her representative will convene a hearing within twenty-one (21) calendar days, excluding weekends and holidays, after receipt of the grievance unless extended by mutual agreement. The employee bargaining unit members may be represented at such hearing by the Union representative, Local Union President representative or designee. The Vice President for Human Resources or his his/her representative will render a decision within twenty twenty-one (21) calendar days from the date of the conclusion of the hearing. Beginning with discipline that takes place on or after July 1, 2003, discipline that is grieved Step Three Arbitration: In the event the grievance has not been satisfactorily resolved in accordance with Step One Two and the grievance involved an alleged violation of the Agreement as described in the definition of a grievance procedure shall be stayed until resolved through Step Two. Such grieved in A (1) above or in the case of discipline may not be referred to or relied upon in any evaluation, promotional decision or subsequent involves the following implemented disciplinary charge, other than termination until the grieved discipline has been resolved through Step Two. Grieved discipline shall be considered resolved through Step Two after the Vice President of Human Resources or his/her representative has held a hearing and rendered a decision in accordance with that step of the grievance procedure or, for discipline subject to arbitration, the time for the hearing or decision has passed. This provision shall not apply toactions:
Appears in 1 contract
Samples: Agreement
Formal Steps. Step One: The grievance shall be reduced to writing and submitted to the department head within fourteen (14) calendar days excluding holidays, from the date on which the alleged violation of the Agreement or policy took place. The grievance shall be signed by the grievant and/or Union representative, and shall set forth the nature of the dispute, the relief sought and the specific provisions of the Agreement/policy alleged to have been violated. The department head shall answer the grievance in writing within seven (7) calendar days excluding holidays, after its receipt. Step Two: The grievance may be appealed by written notice to the Vice President for Human Resources of the University or his representative within seven (7) calendar days excluding holidays, after the Step One decision was rendered or due. The Vice President for Human Resources or his representative will convene a hearing within twenty-one (21) calendar days, excluding weekends and holidays, after receipt of the grievance unless extended by mutual agreement. The employee may be represented at such hearing by the Union representative, Local Union President or designee. The Vice President for Human Resources or his representative will render a decision within twenty one (21) calendar days from the date of the conclusion of the hearing. Beginning with discipline that takes place on or after July 1, 2003, discipline that is grieved in accordance with Step One of the grievance procedure shall be stayed until resolved through Step Two. Such grieved discipline may not be referred to or relied upon in any evaluation, promotional decision or subsequent disciplinary charge, other than termination until the grieved discipline has been resolved through Step Two. Grieved Xxxxxxx discipline shall be considered resolved through Step Two after the Vice President of Human Resources or his/her representative has held a hearing and rendered a decision in accordance with that step of the grievance procedure or, for discipline subject to arbitration, the time for the hearing or decision has passed. This provision shall not apply to:
Appears in 1 contract
Samples: Agreement
Formal Steps. Step One: The grievance shall be reduced to writing and submitted to the department head within fourteen (14) calendar days excluding holidays, from the date on which the alleged violation of the Agreement or policy took place. The grievance shall be signed by the grievant and/or Union representative, and shall set forth the nature of the dispute, the relief sought and the specific provisions of the Agreement/policy alleged to have been violated. The department head shall answer the grievance in writing within seven (7) calendar days excluding holidays, after its receipt. Step Two: The grievance may be appealed by written notice to the Vice President for Human Resources of the University or his representative within seven (7) calendar days excluding holidays, after the Step One decision was rendered or due. The Vice President for Human Resources or his representative will convene a hearing within twenty-one (21) calendar days, excluding weekends and holidays, after receipt of the grievance unless extended by mutual agreement. The employee may be represented at such hearing by the Union representative, Local Union President or designee. The Vice President for Human Resources or his representative will render a decision within twenty one (21) calendar days from the date of the conclusion of the hearing. Beginning with discipline that takes place on or after July 1, 2003, discipline Discipline that is grieved in accordance with Step One of the grievance procedure shall be stayed until resolved through Step Two. Such grieved discipline may not be referred to or relied upon in any evaluation, promotional decision or subsequent disciplinary charge, other than termination until the grieved discipline has been resolved through Step Two. Grieved discipline shall be considered resolved through Step Two after the Vice President of Human Resources or his/her representative has held a hearing and rendered a decision in accordance with that step of the grievance procedure or, for discipline subject to arbitration, the time for the hearing or decision has passed. This provision shall not apply to:
Appears in 1 contract
Samples: Agreement
