Common use of GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure Clause in Contracts

GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure. Section 1. A grievance shall be defined as any dispute involving the interpretation, application, or alleged violation of the express provisions of this Agreement. Grievances or disputes, which may arise, shall be settled in the manner set forth herein. Step 1: Within ten (10) working days of the occurrence of the grievance an employee with a grievance shall discuss the grievance with their immediate supervisor. The immediate supervisor shall have five (5) working days to respond verbally to the grievance. Step 2: If the grievance is not resolved informally at Step I, a formal grievance shall be presented in writing within ten (10) working days from receipt of the Step 1 response to the Department Head or their designee. The written grievance must identify the particular provision or provisions of the contract allegedly violated, the facts upon which such alleged violation are based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten (10) working days from receipt of the grievance to respond in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance shall, within ten (10) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (10) working days after the receipt of the grievance to respond to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievance. Step 4: If the matter is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article. Section 2. If a grievance is not presented or advanced within the time limits set forth above, it shall be considered waived. The time limits in any step of the above grievance procedure may be extended by mutual written agreement of the Employer and the Union. Section 3. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, providing it is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the matter to be arbitrated and the contract provisions allegedly violated. Section 4. Within ten (10) working days the parties shall request a list of five (5) qualified names from the Montana State Board of Personnel Appeals. The Union and the Employer shall each strike two

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure. Section 1. 6.01 A grievance shall will be defined as any dispute involving difference, dispute, or complaint arising from the interpretation, administration, application, or alleged violation of this collective agreement, and must be submitted in writing to the express provisions Company within ten (10) calendar days of this Agreementthe event in question, or then (10) calendar days from the time the employee or the union should reasonably have known of the occurrence of the event upon which the grievance is based, in accordance with the following procedure; Step 1 An employee who has a complaint or question shall discuss the matter with his supervisor within five (5) calendar days of the action giving rise to the complaint or question. Grievances or disputes, which The employee may arise, shall be settled in accompanied by a xxxxxxx if they so desire. If the manner set forth hereinparties do not reach an understanding then the next step of the grievance procedure may be invoked. Step 1: Within 2 The grievance shall be submitted in writing to the supervisor within ten (10) calendar days of the time the employee or the Union should reasonably have known of the occurrence of the event upon which the grievance is based. The supervisor and the xxxxxxx shall endeavour to arrange a satisfactory settlement within then (10) calendar days. If such settlement cannot be reached the next step of the grievance procedure may be invoked. Step 3 Two (2) copies of the written grievances shall be submitted to the Site Manager, or designate, and the Full-time Union Representative. The Site Manager, or designate, and the Full-time Union Representative shall confer and try to reach settlement within ten (10) calendar days, or any such further time period they may agree upon. This meeting shall be conducted on site in a meeting room designated by the Company. If the matter is settled, the settlement shall be stated, in writing and signed by the Branch Manager or designate, the Full-time Union Representative and the grievor. Failing settlement, the Site Manager or designate shall provide a written response to the Full-time Union Representative within ten (10) calendar days. Failing a satisfactory settlement of the grievance at Step 3, the matter may be referred to Arbitration, within a period of two (10) working days from the receipt of the occurrence Company's written answer at Step 3. 6.02 The parties agree to follow each of the foregoing steps in the processing of the grievance; and if at any step the Employer's representative fails to give his written answer within the time limit herein set forth, the Union may appeal the grievance to the next step at the expiration of such time limit. Similarly, if the Union fails to comply with the time limits set forth for their part in the grievance procedure, the grievance will be considered to have been abandoned. 6.03 The Company or the Union may file a policy grievance directly at Step 2 of the grievance an employee with a grievance shall discuss the grievance with their immediate supervisorprocedure. The immediate supervisor shall have parties agree to meet within five (5) working days to respond verbally to of such grievance being lodged. This meeting shall be conducted on site in a meeting room designated by the grievanceCompany. Step 2: If the 6.04 A claim by an employee who has completed his probationary period that he has been discharged from his employment without just cause shall be treated as a grievance, if a written statement of such grievance is not resolved informally at Step I, a formal grievance shall be presented in writing lodged with the Branch Manager or his designate within ten five (10) working days from receipt of the Step 1 response to the Department Head or their designee. The written grievance must identify the particular provision or provisions of the contract allegedly violated, the facts upon which such alleged violation are based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten (10) working days from receipt of the grievance to respond in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance shall, within ten (10) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (105) working days after the receipt employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to respond Step 3 will be omitted in such cases. 6.05 The Company and the Union agree that the decision whether or not to retain probationary employees is at the sole discretion of the Company. The Company and Union further agree that probationary employees shall not have access to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievanceprocedure. 6.06 The Company will recognize a group grievance as one which affects more than one (1) employee with respect to whom the issues and facts are the same. A group grievance shall commence at Step 4: If the matter is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article2. Section 2. If a grievance is not presented or advanced within the time limits set forth above, it shall be considered waived. The time limits in any step of the above grievance procedure may be extended by mutual written agreement of the Employer and the Union. Section 3. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, providing it is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the matter to be arbitrated and the contract provisions allegedly violated. Section 4. Within ten (10) working days the parties shall request a list of five (5) qualified names from the Montana State Board of Personnel Appeals. The Union and the Employer shall each strike two

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure. Section 1. A grievance shall be defined as any dispute involving the interpretation, application, or alleged violation of the express provisions of this Agreement. Grievances or disputes, which may arise, shall be settled in the manner set forth herein. Step 1: Within ten (10) working days of the occurrence of the grievance an employee with a grievance shall discuss the grievance with their immediate supervisor. The immediate supervisor shall have five (5) working days to respond verbally to the grievance. Step 2: If the grievance is not resolved informally at Step I, a formal grievance shall be presented in writing within ten (10) working days from receipt of the Step 1 response to the Department Head or their designee. The written grievance must identify the particular provision or provisions of the contract allegedly violated, the facts upon which such alleged violation are based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten (10) working days from receipt of the grievance to respond in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance shall, within ten (10) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (10) working days after the receipt of the grievance to respond to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievance. Step 4: If the matter is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article. Section 2. If a grievance is not presented or advanced within the time limits set forth above, it shall be considered waived. The time limits in any step of the above grievance procedure may be extended by mutual written agreement of the Employer and the Union. Section 3. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, providing it is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the matter to be arbitrated and the contract provisions allegedly violated. Section 4. Within ten (10) working days the parties shall request a list of five (5) qualified names from the Montana State Board of Personnel Appeals. The Union and the Employer shall each strike twonames

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure. Section 1. A 7.01 For purposes of this Agreement, a grievance shall be is defined as any dispute involving a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the express provisions Agreement, including any question as to whether a matter is arbitrable. For purposes of this Agreement. Grievances or disputesArticle, which may arisereference to “days” relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. 7.02 It is the mutual desire of the parties hereto that complaints of employees shall be settled adjusted as quickly as possible. It is understood that an employee has no grievance until they have first given their immediate supervisor the opportunity of adjusting their complaint. If an employee has a complaint, they shall discuss it with their immediate supervisor, in the presence of their xxxxxxx if so desired by the employee, within five (5) days after the circumstances giving rise to the complaint have occurred, or ought to have reasonably come to the attention of the employee. The supervisor shall give their response to the complaint within five (5) days and, failing settlement, or failing a response, it may be then taken up as a grievance within five (5) days following advice of the immediate supervisor’s decision in the following manner set forth herein.and sequence: Step 1: Within ten (10) working days #1 The employee, who may request the assistance of the occurrence of the their Xxxxxxx, may present their grievance an employee with a grievance shall discuss the grievance with to their immediate supervisor. The grievance shall be in writing, on a grievance form approved by the Company and the Union, and shall include the nature of the grievance, the grievance number, the remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediate supervisor shall have deliver their decision in writing within five (5) working days to respond verbally to following the grievance. Step 2: If the grievance is not resolved informally at Step I, a formal grievance shall be presented in writing within ten (10) working days from receipt of the Step 1 response to the Department Head or their designee. The written grievance must identify the particular provision or provisions of the contract allegedly violated, the facts upon which such alleged violation are based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten (10) working days from receipt presentation of the grievance to respond in writing. them. Failing settlement: Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance shall, within ten #2 Within five (105) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (10) working days after the receipt decision in Step 1, the grievor, who shall have the assistance of the grievance to respond to Union Xxxxxxx shall submit the grievance in writingwriting to the Human Resources Manager or the Building Manager or his/her designate. By mutual agreement A meeting will then be held between the Human Resources Manager, the Building Manger or designate, the grievor and the Union Grievance Committee which will consist of both parties, a grievance the President of the Local Union or his designate. Such meeting shall be held within five (5) days of submission of the grievance at Step #2, unless extended by the parties. It is understood and agreed that a staff representative of the Union or the President’s designate shall be present at all such meetings. The Company may also have such counsel and assistance as it may desire. The decision of the Human Resources Manager or the Building Manager or designate shall be delivered in order to resolve writing within seven (7) days following the grievancedate of such meeting. Step 4: If the matter 7.03 It is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article. Section 2. If agreed that a grievance is not presented or advanced within arising directly between the Company and the Union shall be originated under Step #2 and the time limits set forth aboveout with respect to that Step shall appropriately apply. It is understood, it however, that the provisions of this Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not thereby be by-passed. 7.04 Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be considered waived. The originated under Step #2 and the time limits in any step set out with respect to that Step shall appropriately apply. 7.05 A claim by an employee who has completed their probationary period, that they have been unjustly discharged or suspended, shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step #2 of the above grievance procedure within five (5) days after the date the discharge or suspension is effected. Such special grievance may be extended settled under the grievance or arbitration procedure by: (a) confirming the Company’s action in dismissing or suspending the employee, or (b) reinstating the employee with or without compensation for time lost less any unemployment insurance received by mutual written agreement the employee which they are not obligated to repay and any additional compensation received from any source during the period from the date of their discharge to their reinstatement, or (c) by any other arrangement which may be deemed just and equitable by the parties or the Arbitration Board. An employee who is being notified of their discharge or suspension shall have the presence of their Xxxxxxx. In the event that a Xxxxxxx is not present at such time, the Company will advise the Union of the Employer and notice of discharge or suspension within seventy-two (72) hours after such notice has been effected. It is understood that failure to comply with the Unionforegoing procedure shall not render the discharge or suspension, or notice of discharge or suspension, a nullity. Section 3. Any dispute that has not been resolved by 7.06 Failing settlement under the above foregoing procedure of any grievance procedure between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration by as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the aggrieved partydecision under Step #2 is given, the grievance shall be deemed to have been abandoned. 7.07 Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. 7.08 No adjustment effected under the grievance or arbitration procedure shall be made retroactive prior to the date that the grievance was formally discussed or presented to the Company or, if applicable, the date of the alleged violation, providing it does not exceed the time limits set out in Section 7.02 above. 7.09 It is the exclusive function of the Company to discipline or discharge a probationary employee for any reason satisfactory to the Company, provided such discharge is done in good faith and in non-discriminatory fashion as per the Ontario Labour Relations Act. 7.10 When either party requests that any matter be submitted within ten (10) working days after to arbitration, as provided in the conciliation meeting. The aggrieved party foregoing Article, it shall notify make such request in writing, addressed to the other party in writing of to this Agreement, and at the matter to be arbitrated and the contract provisions allegedly violated. Section 4same time appoint a nominee. Within ten (10) working days the parties shall request a list of five (5) qualified names days thereafter the other party shall appoint its nominee; provided, however, that if such party fails to appoint a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees so appointed, along with the Chairman selected by the parties from the Montana State arbitrators listed in Appendix B and in accordance with the procedure set out therein, shall constitute an Arbitration Board. 7.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.12 No matter may be submitted to arbitration which has not been properly carried through all requisite steps in the grievance procedure. 7.13 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of Personnel Appeals. this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.14 The Union proceedings of the Arbitration Board will be expedited by the parities hereto and the Employer decision of the majority and, where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.15 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the expenses, if any, of the chairman of the Arbitration Board. (a) Notwithstanding the foregoing, the parties may agree that any matter submitted by either of them to arbitration shall be dealt with by a single arbitrator. In such a case, the arbitrator shall be selected from the panel set out in Appendix B attached, in accordance with the procedure set out therein, and the foregoing provisions shall be modified to the extend necessary to reflect the resolution of the dispute by a single arbitrator. (b) Where appropriate, and only by mutual agreement, the parties agree to employ the option of mediation/arbitration as a mechanism for the purpose of resolving specific grievances. In these cases, a mediator (alternately selected from the names stipulated in Appendix B) will be appointed, and their respective decisions will not be binding on the parties. Either party reserves the right to resolve the grievances through the normal arbitration process, as set out above. 7.17 The parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with, except by written agreement to extend them, and failure to so comply shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 49 of the Labour Relations Act. 7.18 Each new or rehired bargaining unit employee shall be allowed an orientation period with the unit co-chair on the employee’s first regular non-overtime shift. This orientation period shall be up to a maximum twenty (20) minutes and shall be done in conjunction with the Company orientation session, and shall occur one time only for each strike twonew, or rehired employee, or group of such employees. Time so spent by the new or re-hired employees and the co-chair shall be considered time worked.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure. Section 1. 6.01 A grievance shall will be defined as any dispute involving a complaint arising from the interpretation, administration, application, or alleged violation of this collective Agreement, and must be submitted in writing to the express provisions of this Agreement. Grievances or disputes, which may arise, shall be settled in the manner set forth herein. Step 1: Within Company within ten (10) working calendar days of the event in question, or then ten (10) calendar days from the time the employee or the Union should reasonably have known of the occurrence of the event upon which the grievance an is based, in accordance with the following procedure; Step 1 An employee with who has a grievance complaint or question shall discuss the grievance matter with their immediate supervisor. The immediate his supervisor shall have within five (5) working calendar days to respond verbally of the action giving rise to the grievancecomplaint or question. A xxxxxxx may accompany the employee if they so desire. If the parties do not reach an understanding then the next step of the grievance procedure may be invoked. Step 2: If 2 The grievance shall be submitted in writing to the supervisor within ten (10) calendar days of the time the employee or the Union should reasonably have known of the occurrence of the event upon which the grievance is based. The supervisor and the xxxxxxx shall endeavour to arrange a satisfactory settlement within ten (1) calendar days. If such settlement cannot resolved informally at Step I, a formal be reached the next step of the grievance procedure may be invoked. Two (2) copies of the written grievance shall be presented submitted to the Branch Manager, or designate, and the Local Union Business Representative. The Branch Manager, designate, and the Local Union Business Representative shall confer and try to reach settlement within ten (10) calendar days, or any such further time period they may agree upon. If the matter is settled, the settlement shall be stated, in writing and signed by the Branch Manager, or designate, and the Local Union Business Representative. Failing settlement the Branch Manager, or his delegate, shall provide a written response within five (5) calendar days. Failing a satisfactory settlement of the grievance at Step 3, the matter may be referred to Arbitration, within a period of ten (10) working days from the receipt of the Company’s written answer at Step 1 response 3. 6.02 The parties agree to follow each of the foregoing steps in the processing of the grievance; and if at any step the Employer’s representative fails to give his written answer within the time limit herein set forth, the Union may appeal the grievance to the Department Head next step at the expiration of such time limit. Similarly, if the Union fails to comply with the time limits set forth for their part in the grievance procedure, the grievance will be considered to have been abandoned. 6.03 The Company or their designeethe Union may file a policy grievance directly at Step 2 of the grievance procedure. The written grievance must identify the particular provision or provisions of the contract allegedly violated, the facts upon which such alleged violation are based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten parties agree to meet within five (105) working days from receipt of the such grievance to respond in writingbeing lodged. Step 3: If the 6.04 A claim by an employee who has completed his probationary period that he has been discharged from his employment without just cause shall be treated as a grievance, if a written statement of such grievance is not settled satisfactorily at Step 2, lodged with the grievance shall, Branch Manager or his designate within ten five (10) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (105) working days after the receipt employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to respond Step 3, will be omitted in such cases. 6.05 The Company and the Union agree that the decision whether or not to retain probationary employees is at the sole discretion of the Company. The Company and Union further agree that probationary employees shall not have access to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievanceprocedure. 6.06 The Company will recognize a group grievance as one which affects more than one (1) employee with respect to whom the issues and facts are the same. A group grievance shall commence at Step 4: If the matter is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article2. Section 2. If a grievance is not presented or advanced within the time limits set forth above, it shall be considered waived. The time limits in any step of the above grievance procedure may be extended by mutual written agreement of the Employer and the Union. Section 3. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, providing it is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the matter to be arbitrated and the contract provisions allegedly violated. Section 4. Within ten (10) working days the parties shall request a list of five (5) qualified names from the Montana State Board of Personnel Appeals. The Union and the Employer shall each strike two

Appears in 1 contract

Samples: Collective Agreement

AutoNDA by SimpleDocs

GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure. Section 1. 9.01 A grievance shall will be defined as any difference, dispute involving or complaint arising from the interpretation, administration, application, or alleged violation of the express provisions of this Collective Agreement. Grievances or disputes, which may arise, shall must be settled submitted in writing to the manner set forth herein. Step 1: Within Employer within ten (10) working days of the occurrence of the grievance an employee with a grievance shall discuss the grievance with their immediate supervisor. The immediate supervisor shall have five (5) working days to respond verbally to the grievance. Step 2: If the grievance is not resolved informally at Step I, a formal grievance shall be presented event in writing question or within ten (10) working days from receipt the time the employee should reasonably have known of the event in question, in accordance with the following procedure: An employee shall first discuss the complaint with his immediate supervisor, who shall attempt to resolve it. Should the complaint not be resolved, the employee may proceed to Step 1 response of the grievance procedure. Step 1 An employee, accompanied by his xxxxxxx shall submit his grievance signed and in writing on a form supplied by the Union, to his immediate supervisor within five (5) working days. A written answer shall be given by the supervisor within five (5) working days. Step 2 Failing a satisfactory settlement at Step 1, the grievance shall be submitted to the Department Head or their designee. The written grievance must identify the particular provision or provisions of the contract allegedly violated, the facts upon which such alleged violation are based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten Food Services Director within five (105) working days from receipt response at Step l. A meeting will be held with the grievor, the Union xxxxxxx and the Food Services Director or District Supervisor within five (5) working days. The Food Services Director or District Supervisor shall give a written answer within five (5) working days of the grievance to respond in writingStep 2 meeting. Step 3: If the grievance is not settled satisfactorily 3 Failing a satisfactory settlement at Step 2, the grievance shall, shall be submitted to the District Manager within ten five (105) working days from the response at Step 2. A meeting will be submitted in writingheld with the grievor, through the Union to Grievance Committee and the Mayor or the Mayor's designeeDistrict Manager. The Mayor, or designee, shall, District Manager shall give a written answer within ten five (105) working days after of the Step 3 meeting. Failing a satisfactory settlement of the grievance at Step 3, the matter may be referred to Arbitration, within a period of fifteen (15) working days from the receipt of the Employer's written answer at Step 3. 9.02 The parties agree to follow each of the foregoing steps in the processing of the grievance; and if at any step the Employer's representative fails to give his written answer within the time limit therein set forth, the Union may appeal the grievance to respond the next step at the expiration of such time limit. Similarly, if the Union fails to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievance. Step 4: If the matter is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held comply with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article. Section 2. If a grievance is not presented or advanced within the time limits set forth abovefor their part in the grievance procedure, it shall the grievance will be considered waivedto have been abandoned. The time limits Notwithstanding the limitations set forth in any step of this clause, either party may, with the above grievance procedure may be extended by mutual written prior agreement of the Employer and the Union. Section 3. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved other party, providing it is submitted within ten (10) working days after extend the conciliation meeting. The aggrieved party shall notify time limits set out in the other party in writing of the matter to be arbitrated and the contract provisions allegedly violatedgrievance procedure. Section 4. Within ten (10) working days the parties shall request a list of five (5) qualified names from the Montana State Board of Personnel Appeals. The Union and the Employer shall each strike two

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure. Section 1. A grievance shall be defined as any dispute involving the interpretation, application, or alleged violation of the express provisions of this Agreement. Grievances or disputes, which may arise, shall be settled in the manner set forth herein. Step 1: Within ten (10) working days of the occurrence of the grievance an employee with a grievance shall discuss the grievance with their immediate supervisor. The immediate supervisor shall have five (5) working days to respond verbally to the grievance. Step 2: If the grievance is not resolved informally at Step I, a formal grievance shall be presented in writing within ten (10) working days from receipt of the Step 1 response to the Department Head or their designee. The written grievance must identify the particular provision or provisions of the contract allegedly violated, the facts upon which such alleged violation are based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten (10) working days from receipt of the grievance to respond in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance shall, within ten (10) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (10) working days after the receipt of the grievance to respond to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievance. Step 4: If the matter is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article. Section 2. If a grievance is not presented or advanced within the time limits set forth above, it shall be considered waived. The time limits in any step of the above grievance procedure may be extended by mutual written agreement of the Employer and the Union.Employer Section 3. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, providing it is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the matter to be arbitrated and the contract provisions allegedly violated. Section 4. Within ten (101 0) working days the parties shall request a list of five (5) qualified names from the Montana State Board of Personnel Appeals. The Union and the Employer shall each strike twotwo (2) names in alternate order, and the remaining shall be the arbitrator. The Union shall strike the first name. In cases where an employee is the aggrieved party, authorization to submit the grievance to arbitration must come from the Union. Section 5. Decisions of the arbitrator shall be final and binding on both parties. Costs incurred for the arbitrator shall be borne equally by both parties. Authority of the arbitrator is limited to matters of interpretation or application of the express provisions of this Agreement that directly pertain to the issue(s) submitted in writing for arbitration. The arbitrator shall consider and decide only the specific issues submitted in writing, and shall have no power or authority to add to, subtract from, amend, or modify any of the terms or provisions of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE‌ Grievance Procedure. Section 1. A grievance shall be defined as any dispute involving the interpretation, application, or alleged violation of the express provisions of this Agreement. Grievances or disputes, which may arise, shall be settled in the manner set forth herein. Step 1: Within ten (10) working days of the ofthe occurrence of the ofthe grievance an employee with a grievance shall discuss the grievance with their his/her immediate supervisor. The immediate supervisor shall have five (5) working days to respond verbally to the grievance. Step 2: If the grievance is not resolved informally at Step I, a formal grievance shall be presented in writing within ten (10) working days from receipt of the ofthe Step 1 response to the Department Head or their his/her designee. The written grievance must identify the particular provision or provisions of the ofthe contract allegedly violated, the facts upon which such alleged violation are is based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten (10( I 0) working days from receipt of the grievance to respond in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance shall, within ten (10( I 0) working days days, be submitted in writing, writing through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (10I0) working days after the receipt of the grievance to grievance, respond to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievance., Step 4: If the matter grievance is not resolved by the response of the Mayor or the Mayor's designee at this pointStep 3, the grievance may be referred to arbitration in writing by the aggrieved party within ten (10) working days either of the date the aggrieved party may request a conciliation meeting to be held with receives the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this ArticleStep 3 response. Section 2. If a Ifa grievance is not presented or advanced within the time limits set forth above, it shall be considered waived. The time limits in any step of the above grievance procedure may be extended by mutual written agreement of the Employer and the Union.. Employergrievances shall be filed with the Union representative at Step 2 ofthe procedure. Arbitration: Section 3. Any dispute that has not been resolved by In the above grievance procedure may be submitted written referral to arbitration by set forth at Step 4 above, the aggrieved party, providing it is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of regarding the matter to be arbitrated and the contract provisions allegedly violatedarbitrated. Section 4. Within ten five (105) working days of the parties date the matter is referred in writing to arbitration, the aggrieved party shall request a list of five offive (5) qualified names arbitrators from the Montana State Board of Personnel Appeals. The Union and the Employer shall then each strike twotwo (2) names in alternate order, and the remaining shall be the arbitrator. The aggrieved party shall strike the first name Section 5. Decisions of the arbitrator shall be final and binding on both parties. Costs incurred for the arbitrator shall be borne equally by both parties. Authority ofthe arbitrator is limited to matters of interpretation or application ofthe express provisions of this Agreement that directly pertain to the issue(s) submitted in writing for arbitration. The arbitrator shall consider and decide only the specific issues submitted in writing, and shall have no power or authority to add to, subtract from, amend, or modify any of the terms or provisions of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!