General Grievance Provisions. A. In all steps of the grievance procedure, if the Board requires such steps to be held during the working hours of the grievant and/or the grievant’s representative, such employees shall be excused with pay for that purpose. If the Board requires an employee to attend an arbitration as a witness, he/she shall be excused without loss of pay or leave for that purpose. An arbitration hearing shall not be held during the working hours of Union witnesses without the mutual agreement of the Board and the Union.
B. If a grievance arises from the action of an authority higher than the immediate supervisor, the Union may present such a grievance at the appropriate steps of the grievance procedure with the approval of the appropriate authority.
C. An employee who participates in the grievance procedure shall not be subject to disciplinary action or reprisal by the Board or Union because of such participation.
D. The employee and his/her Union representative have the right to be present at all steps of the grievance process.
E. At the request of the grievant or his/her Union representative, the Board shall provide copies of all documents submitted by the Board at Steps 1 and 2 of the grievance procedure upon receipt of the cost of producing the documents.
F. The failure of the grievant or the Union to act within the time limits set forth shall preclude further appeal of the grievance. Upon failure of the Board to meet the time limits prescribed in this Article, the grievance shall be advanced to the next highest level.
G. In any instance where the Union is not representing the grievant, the administrator or supervisor receiving the grievance or making the decision shall notify the Union in writing of all meetings, of any hearing, and of the resolution of the grievance at any level. However, in no event shall the grievance be resolved in a manner inconsistent with the terms of this Agreement unless with the approval of the Union.
H. The term “days” as used herein shall mean days in which school is scheduled to be in session. When school is not in session, the term “days” shall mean workdays.
I. All time limits may be extended by mutual agreement between the parties.
J. A grievance may be withdrawn in writing by the Union at any level without establishing precedent and, if withdrawn, shall be treated as though never having been filed.
General Grievance Provisions. 8.9.1 Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall preclude any further appeal on the grievance. Failure by the District to respond within the specified time limits shall authorize the grievant to proceed to the next step in the procedure.
8.9.2 The filing of a grievance shall in no way interfere with the right of the District to proceed in carrying out its management responsibilities subject to the final resolution of the grievance. In the event the alleged grievance involves an order, requirement, or other directive, the grievant shall fulfill or carry out such order, requirement, or other directive pending the final resolution of the grievance, except where unusual or abnormal safety hazards have been determined to exist.
8.9.3 Except for health reasons, the grievant shall be present in conferences at all levels.
8.9.4 All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participant.
8.9.5 Only the Association shall have the right to submit grievances to mediation or advisory arbitration and shall notify the District in writing.
General Grievance Provisions. (a) Any grievance involving the interpretation, application, administration or alleged violation of this Agreement, which has been disposed of herein by an arbitration award shall not be made the subject of another grievance.
(b) The term “working days”, when used in this Agreement for complaint or grievance procedure shall exclude Saturdays, Sundays, Plant Holidays, and Vacation as defined herein.
General Grievance Provisions. If the Union has a general policy grievance, it shall be initiated by the President of the Union and forwarded to the Executive Director Human Resources or designate who will respond to the grievance with- in working days of its receipt. If the Commission has a grievance, it shall be taken up with the President of the Union and the Executive Director Human Resources and if not settled satisfactorily, the grievance may proceed to Arbitration as provided in step above. A decision with respect to any complaint or grievance which at any stage is mutually satisfactory to the Union and the Commission shall be final and binding upon the Union, the Commission and the employ- ee or employees concerned and shall not be submitted again by the same employee or the same group of employees, nor on their behalf by the Union during the period of this Agreement. No employee or representative of the Union shall leave work or fail to appear for work for the purpose of presenting a complaint or griev- ance, or in connection with the handling of any complaint or grievance without first having obtained the consent of the Supervisor. New employees until they have completed ten months’ continuous service with the Commission shall be considered as on probation. If an employee changes sections during his or her initial ten month proba- tionary period, the employee will be on probation for eight months in addition to the time spent on probation to the date of the change. During the probationary period their progress shall be reviewed with them periodically, and the Union and the Commission shall co-oper- ate in providing guidance and assistance to them in adapting them- selves to such new work and conditions as may be involved. If a probationary employee's services are proving unsatisfactory, the case shall be discussed with the Union in advance of release from the service. Should a review show that the joint efforts of the parties here- to have failed then the employee shall be released from the service. Such release is not subject to appeal beyond Step of the Grievance Procedure. Employees who have had their probationary period extend- ed shall be denied all step rate increases until they have successfully completed their probationary period.
General Grievance Provisions. 1. Any individual employee may present grievances to his/her supervisor and have the grievances adjusted, without intervention of a bargaining unit representative, provided that the bargaining unit has been given an opportunity to have a representative present at such adjustment and the Office of Human Resource Services concurs with the resolution. If the adjustment is inconsistent with the terms of this collective bargaining agreement, the grievant may appeal that decision at the step of the grievance procedure immediately following the step where the adjustment was attempted.
2. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance, while failure to communicate a decision of a grievance within the specified time limits shall entitle the aggrieved party to proceed to the next step. However, the time limits specified in this procedure may be extended by written mutual agreement between the parties.
3. Any conference which may be held under the grievance procedure shall be conducted before or after school hours, except where mutually agreed to the contrary. In the event that a conference or hearing under the grievance procedure is held during school hours, each employee who is a party or witness shall be excused from his/her regular duties, with pay, to attend such a conference or hearing.
4. If any party is to have legal counsel present, notice shall be given to the other parties at least twenty-four (24) hours in advance of the conference.
General Grievance Provisions. If the Union has a general policy grievance, it shall be initiated by the President of the Union and forwarded to the Executive Director - Human Resources or designate who will respond to the grievance within 10 working days of its receipt. If the Commission has a grievance, it shall be taken up with the President of the Union and the Executive Director - Human Re- sources and if not settled satisfactorily, the grievance may proceed to Arbitration as provided in step 5 above. A decision with respect to any complaint or grievance which at any stage is mutually satisfactory to the Union and the Commission shall be final and binding upon the Union, the Commission and the em- ployee or employees concerned and shall not be submitted again by the same employee or the same group of employees, nor on their behalf by the Union during the period of this Agreement. No employee or representative of the Union shall leave work or fail to appear for work for the purpose of presenting a complaint or grievance, or in connection with the handling of any complaint or grievance without first having obtained the consent of the Supervi- sor.
General Grievance Provisions. 20.3.1 Faculty shall be entitled to Union representation at all steps of the grievance procedure.
20.3.2 Nothing shall prevent a grievant from representing himself/herself. The Union shall be informed of and present at any meeting to adjust any such grievance. No grievance resolution may be inconsistent with this Agreement.
General Grievance Provisions. If the TTC has a grievance it shall be taken up with the Officers of the Union and if not settled satisfactorily the grievance shall proceed to arbitration as provided for in Step 3 above. A decision with respect to any complaint or grievance which at any stage is mutually satisfactory to the Union and the TTC shall be final and binding upon the TTC, the Union and the employee or employ- ees concerned and shall not be submitted again by the same employ- ee or the same group of employees nor on their behalf by the Union during the period of this Agreement. No employee or representative of the Union shall leave work or fail to appear for work for the purpose of presenting a complaint or grievance or in connection with the handling of any complaint or grievance without first having obtained the consent of the Foreperson or designated representative. Any of the time set out in this procedure may be extended by mutual agreement of the parties hereto in writing.
General Grievance Provisions. 3-7.1. The resolution of all grievances shall be in accordance with the procedures which are part of this Agreement. If the grievant fails to appear at a scheduled grievance conference and fails to appear at another grievance conference scheduled at the grievant's or UNION'S request, the grievance shall be considered resolved.
3-7.2. The attendance or presence at any grievance conference of any person who is not a party to the grievance, a necessary witness, or a necessary administrative staff member, shall not be permitted.
3-7.3. All grievances shall be processed confidentially. Neither the canplainant or the UNICN shall reveal information nor make any statement concerning the grievance to any person not a party to the grievance while the grievance is being processed.
3-7.4. Failure to canmunicate a decision in writing concerning a griev ance within the specified time shall permit it to be advanced to the next higher step. Additional time at a specified step of this procedure may be granted by mutual agreement between the parties.
3-7.5. This Agreement shall not prevent any member of the bargaining unit xxxx presenting a grievance or appeal on his own behalf.
3-7.6. Once a grievance has been filed, the grievance may not be altered except to add factual infonration relating to the grievance and the griev ant may delete items xxxx the grievance.
3-7.7. Upon written application by the President of the UNION to the xx xxxxxx of the Department of Facilities, the UNION president or his designee may be allowed reasonable time to investigate a specific grievance of a member of the bargaining unit.
3-7.8. All decisions below the level of the General Superintendent of Schools shall be subject to review and reconsideration by the General Superintendent.
General Grievance Provisions. Not more than fourteen (14) calendar days each on the first, second or third step (3A excepted) shall be allowed for the settlement of a grievance after it has been presented by the Union unless an extension of time is mutually agreed upon by the parties. Any extension of time limits must be in writing and signed by both the Union and the Company.
