Common use of GRIEVANCE AND ARBITRATION PROCEDURE Clause in Contracts

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as an alleged violation or dispute over the interpretation or application of any specific provision(s) of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere to the grievance procedure time limits set forth below, the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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GRIEVANCE AND ARBITRATION PROCEDURE. A. A grievance shall be defined as an alleged violation or dispute over within the interpretation or application of any specific provision(s) meaning of this Agreement The shall be any dispute concerning the interpretation, application or claimed violation of a specific term working days shall refer to days Monday through Fridayor provision of this Agreement. A prompt and efficient method of settling grievances, excluding County Commission designated holidaysas herein defined, is both desirable and necessary. Members This is the sole and exclusive procedure for the resolution of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Agreement. Moreover, notwithstanding the availability of the formal procedures of this Article, it is agreed an informal resolution of any dispute is desirable. If The parties agree that such informal resolution shall occur, if possible, by direct discussion between the grievant does not adhere to Union and the University’s Director of Part-Time Faculty Personnel Administration. B. An aggrieved Faculty member or the Union shall present a grievance procedure time limits set forth belowwithin twenty (20) working days of its occurrence or discovery, the or such grievance shall be deemed waived. The grievance must be reduced to have been abandoned writing and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, must specify the nature of the grievance, the acts giving rise to the grievance and specific provisions provision(s) of this Agreement allegedly violatedat issue, and the remedy relief requested. A grievance alleging a violation of Article XV (Non- Discrimination) must include the following waiver language, which must be signed by the grievant: “If I am alleging illegal discrimination, I understand that I have a choice of pursuing my rights under Title VII of the Civil Rights Act of 1964 and/or any other applicable federal, state, or local non-discrimination law (e.g., the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Equal Pay Act, the District of Columbia Human Rights Act) either through the federal, state, and local regulatory and statutory procedures, or through this Grievance meetings conducted under and Arbitration Procedure, but not both. I understand that by filing a grievance claiming discrimination, I voluntarily waive my rights to pursue the same matter through the EEOC or applicable State or District of Columbia agencies, or through a lawsuit.” A Faculty member may be accompanied by a Union representative starting at Step 2 of the grievance procedure, except that a Faculty member may be accompanied by a Union representative at any investigatory interview that the Faculty member reasonably believes may result in disciplinary action, including at Step 1 of the grievance procedure. C. The following steps shall be followed in the processing of grievances: Step 1. The Faculty member shall file the grievance with his/her Department Chair or Program Director within twenty (20) working days of its occurrence or discovery. If the grievance is not resolved satisfactorily within ten (10) working days thereafter, the grievance may proceed to Step 2. Furthermore, while the Faculty member and the University are encouraged to resolve disputes at Step 1, the Union may initiate a grievance on the Faculty member’s behalf at Step 2, provided it is so initiated within the twenty (20) working days specified in paragraph B above. In the event an individual Faculty member and the University settle a dispute without the written and express agreement of the Union, that settlement will not create a precedent for either party in the interpretation or application of this Article Agreement. Step 2. If the grievance is not resolved at Step 1, the Faculty member may request that the Union appeal the grievance to Step 2. The Union shall meet with the grievant and, if the Union deems the grievance to be meritorious, it may file the Step 2 grievance with the Xxxx of the appropriate School or his/her designee within ten (10) working days of receipt of the Step 1 response, or within ten (10) working days of the deadline for the Step 1 response, if none was received. If the grievance is filed within the time limits, the Xxxx or his/her designee shall conduct a meeting for the purpose of attempting to resolve the grievance. If the grievance is not resolved at this meeting, the Xxxx or his/her designee shall respond to the Union in writing within twenty (20) working days of the meeting. If the Xxxx or his/her designee fails to respond within twenty (20) working days of the meeting, the grievance may proceed to Step 3. Step 3. A grievance not resolved at Step 2 may be appealed in writing by the Union to the University’s Xxxxxxx and Executive Vice President for Academic Affairs or his/her designee within ten (10) working days of the conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at times mutually agreeable this Step. If the grievance is not resolved at this meeting, the Xxxxxxx and Executive Vice President for Academic Affairs or his/her designee shall respond to the County and Union in writing within twenty (20) working days of the meeting. Any grievance filed by the Union and on behalf of two or more Faculty members, or involving the discharge of a Faculty member or a grievance against a Xxxx, may be initiated at Step 3. Additionally, as much as practicable shall be held during scheduled work hours. The grievant and to any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwisegrievance, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwisemay proceed initially at Step 3 if by mutual agreement, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:writing.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be is hereby defined as any claim by the Union or an alleged violation or dispute over employee relating to the interpretation of or application of any specific provision(s) adherence to the terms and provisions of this Agreement Agreement. The term working days shall refer to days Monday through Friday, excluding County Commission designated holidayssteps in the grievance procedure are as follows: The employee will informally discuss the grievance with the employee’s immediate supervisor. Members Representatives of the bargaining unit, Union Stewards on behalf of bargaining unit members or shall also have the Local Union, may file grievances under this Articleright to directly discuss the grievance with the Employer in an attempt to resolve it. If the grievant does grievance is not adhere resolved under Step One, it shall be reduced to writing, shall specify in detail the alleged violation of the contract and shall be submitted to the Administrator. The written grievance procedure time limits set forth below, must be submitted to the Employer within fourteen (14) calendar days following the date of occurrence. A grievance relating to pay shall be timely if received by the Employer within sixty (60) days after the pay day for the period during which the grievance shall be deemed to have been abandoned and considered untimelyoccurred. If the County does not respond to Within fourteen (14) calendar days following receipt of the grievance within by the grievance procedure Union, representatives of the Employer and the Union shall meet in an attempt to resolve the grievance. The time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits for said meeting may only be extended by mutual written agreement. In If the event of a timeliness disputegrievance is not resolved in Step Two, the only proof representatives of an agreed to extension is a written the Union and the Good Samaritan Society shall meet within fourteen (14) calendar days following the meeting between the Employer and the Union as outlined in Step 2. The time for said meeting may be extended by mutual agreement. If the grievance is not resolved in Step Three, the Union may refer the matter to arbitration. Any grievance presented under this Article demand for arbitration shall be in writing on and must be received by the Employer within fourteen (14) calendar days following the Step Three meeting. A joint written request shall be made for the Federal Mediation and Conciliation Services to submit the names of five (5) qualified arbitrators, including personal history and arbitration experience of each. Upon receipt of such panel of arbitrators, the parties shall meet and with a standardized grievance form toss of a coin, decide who shall strike first, then alternately until one name remains and that person shall contain be the name and address arbitrator. The authority of the grievant, the nature of the grievance, the acts giving rise arbitrator shall be limited to making an award relating to the grievance and specific interpretation of or adherence to the written provisions of this Agreement allegedly violated, and the remedy requestedarbitrator shall not have authority to add to, subtract from or modify in any manner the terms and provisions of this Agreement. Grievance meetings conducted under this Article The award of the arbitrator shall be held at times mutually agreeable confined to the County issues raised in the written grievance and the arbitrator shall have no power to decide any other issue. The award of the arbitrator shall be made within sixty (60) calendar days following the close of the hearing. The award of the arbitrator shall be final and binding upon the Employer, Union and as much as practicable employees involved. The fees and expenses of the neutral arbitrator shall be held during scheduled work hoursdivided equally between the Employer and the Union. The grievant and any other employee(s) whom time limitations set forth herein relating to the County time for filing a grievance and the Union mutually agree are necessary demand for arbitration shall be mandatory. Failure to follow said time limitations shall result in the resolution grievance being permanently barred, waived and forfeited and shall not be submitted to arbitration. The time limitations provided herein may be extended by mutual agreement of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance Any dispute, which arises between the parties concerning the application, meaning or interpretation of this Agreement, shall be defined as settled in the following manner: a) The Association, through an alleged violation or dispute over the interpretation or application of any specific provision(s) of this Agreement The term working days authorized representative, shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere to take up the grievance procedure time limits set forth below, with the Chief of Police. Each grievance shall must be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be submitted in writing on and must contain a standardized grievance form and shall contain the name and address statement of the grievant, the nature of fact surrounding the grievance, the acts provision of this agreement allegedly violated and the relief sought. b) If the Association and Chief of Police have not resolved the grievance within ten (10) working days, and the Association shall submit the details of such grievance in writing to the Town Manager. Within ten (10) working days thereafter, the Town Manager shall meet with the representatives of the Association for the purpose of adjusting or resolving such grievance. The Town Manager shall render his written decision within ten (10) working days after said meeting. c) If the Association and the Town Manager have not resolved the grievance within ten (10) working days, and the Association wishes to continue the grievance process, the Association shall submit the details of such grievance in writing to the Board of Selectmen. Within ten (10) working days thereafter, the Selectmen shall meet with the representatives of the Association for the purpose of adjusting or resolving such grievance. The Selectmen shall render their written decision within five (5) working days after said meeting. d) The Association may waive this step in the Grievance & Arbitration process by so notifying the Town Manager within ten (10) working days of having received his/her decision under Section b. e) In the event that the decision of the Town Manager or Selectmen rendered pursuant to (b) or(c) above is not acceptable to the Association, it may within ten (10) working days thereafter request that the matter be submitted to arbitration by notifying the Town in writing. The arbitration proceedings shall be conducted by an arbitrator to be selected by the Town and Association within ten (10) working days after notice has been given. If the f) parties fail to select an arbitrator, either may request the American Arbitration Association to provide an arbitrator in accordance with the American Arbitration rules. The decision of the arbitrator shall be final and binding on the parties and the arbitrator shall be requested to issue his decision within thirty (30) working days after the conclusion of the testimony and argument. Expenses for the arbitrator’s services and the proceedings shall be borne equally by the Town and the Association. However, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. g) The time limits for the processing of grievances may be extended by written consent of the parties. h) At step (a) of the grievance procedure, the Police Chief may act through his authorized representative. i) All grievances shall be commenced not later than three (3) working days after the occurrence of the event giving rise to the grievance and specific provisions of this Agreement allegedly violatedgrievance, and or within three (3) working days after the remedy requested. Grievance meetings conducted under time such event became known to the Union or to the employee or employees concerned, whichever shall be later. j) Nothing in this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have diminish the right of any employee covered hereunder to process a present his own grievance under this Agreementas set forth in Title 26, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:MRSA.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A. A Civil Service employee may file his/her grievance under either the Civil Service appeal procedure or the contract grievance procedure. If an appeal is filed under the Civil Service appeal procedure, then the contract grievance procedure shall cease and shall not be defined as permitted to be reinstituted. If an alleged violation appeal is filed under the Civil Service appeal procedure, the employee shall not be entitled to institute proceedings under the contract grievance procedure, all rights to so do being waived by the exercise of an option by the employee to utilize the Civil Service procedure. B. All grievances or dispute over disputes arising during the term of this Agreement concerning the interpretation or application of any specific provision(s) the provisions of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of be handled by the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere to the grievance procedure following procedure. C. Any time limits set forth below, the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits herein may only be extended by mutual written agreementagreement between the Employer and the Union. D. Grievances which can be adjusted only at a given level of management may be initially presented at the appropriate step of the Grievance Procedure. In (This provision shall not be construed to permit the presentation of grievances at a step other than the proper step of the Grievance Procedure.) possible arbitrators. The parties shall communicate within five working days of the receipt of said list for the purpose of selecting the arbitrator by alternately striking one name from the list until one name remains. The Employer shall strike the first name. The cost of arbitration shall be shared equally by the parties. Where one of the parties to this Agreement requests a postponement of a previously scheduled arbitration meeting which results in a postponement charge, the postponing party shall pay such charge unless such postponement results in a settlement of the grievance in which event the postponement charge shall be divided equally between the parties. A postponement charge resulting from a joint postponement request shall be shared equally by the parties. The arbitrator may not add to, delete from or alter any of the provisions of this Agreement. The decision of the arbitrator shall be final and binding in all cases submitted to him except where the decision would require an enactment of legislation in which case it shall be binding only if such legislation is enacted. The Arbitrator shall be requested to issue his decision within 30 days after the hearing or receipt of the transcript of the hearing. A reasonable number of witnesses, when required, shall be permitted to participate in this grievance and arbitration procedure. The United Food and Commercial Workers-Commonwealth Expedited Arbitration Procedure shall continue in effect during the term of this Agreement. A Union representative, if an employee of the Employer, upon request to his immediate supervisor, shall be granted reasonable time during working hours, if required, to process grievances in accordance with this Agreement without loss of pay or leave time. E. The Employer shall not demote, suspend, discharge, or take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension or discharge beginning at the second step of the grievance procedure, within seven days of its occurrence. The Union shall be notified within five days by the Employer of any demotion, suspension or discharge. Any action instituted under this Section shall be implemented within a reasonable period of time after the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific such disciplinary action or knowledge thereof. The provisions of this Agreement allegedly violatedSection shall not be applicable during the contractual probationary period in Article 2, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County Section C. F. The Employer and the Union and agree to continue the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated August 10, 1999. G. The Employer will attempt to discipline employees in such a way so as much as practicable shall be held during scheduled work hoursnot to embarrass the employee before the public or other employees. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary This section will also apply to the resolution instances when an employee is escorted off of the grievance shall suffer no loss Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of pay for scheduled work hours lost while attending grievance meetings; otherwiseauthority by an employee in public and/or in the presence of other employees occurs, the parties shall Employer will not be responsible for restricted by the compensation operation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:Section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance An effort shall be defined as made to settle grievances fairly and promptly by discussion with the Manager in an effort to resolve the difference informally. If an employee or a group of employees has a grievance, the employee or group of employees will submit to the Manager a written statement of the particulars of the grievance and the redress sought within calendar days of the date that the became aware of, or reasonably should have become aware of, the alleged violation grievance. The Manager or dispute over her designate shall meet with the interpretation or application within calendar days of any specific provision(s) receipt of the grievance, and shall render a decision in writing within calendar days of this Agreement The term working days shall refer to days Monday through Fridaymeeting. Failing satisfactory settlement at Step One, excluding County Commission designated holidays. Members within calendardays of receipt of the bargaining unitdecision at Step One, the grievance may be referred in writing to the Chief Executive Officer of the Hay River Community Health Board. The Chief Executive Officer or his designate shall meet with the within calendar days of receipt of the grievance at Step Two, and shall render a decision in writing within calendar days of this meeting. Failing settlement at Step Two, within calendardays of receipt of the decision at Step Two, the grievance may be referred in writing to arbitration. An employee may elect to be accompanied and assisted by a union representativewhen presenting a grievance at any step. Receipt of grievances shall be acknowledged in writing at each step. The Union Stewards on behalf shall have the right to consult the Employer about a grievance at each step. When the Union represented an employee at a grievance meeting, the Employer shall provide a copy of bargaining unit members the grievance reply to the appropriate Representative, An employee must obtain the prior authorization of the Union to present, settle or withdraw a grievance pertaining to the Local Unionapplication or interpretation of this Agreement. When one party refers a grievance to arbitration in accordance with Article that party shall notify the other party in writing, may file grievances within the time permitted, of the name of a proposed sole arbitrator it is prepared to accept. The other party shall, within calendar days of receipt of notice under this ArticleArticle notify the first party, in writing, if the proposed sole arbitrator is acceptable or if not, of the name of a proposal sole arbitrator it is prepared to accept. If the grievant does not adhere parties fail to agree on a sole arbitrator within calendar days of receipt of notice under Article then either xxxxx xxx apply to the Minister of Labour under the Canada Labour Code to appoint an arbitrator. The parties shall bear equally the cost of the sole arbitrator. If a grievance procedure is not initiated or processed within time limits set forth belowspecified in this Article, the grievance shall be deemed to have been abandoned and considered untimelyabandoned. If the County does a grievance is not respond responded to the grievance within the grievance procedure time limits set forth belowspecified in this Article, the grievance shall may be advanced to the next step. Grievance procedure time Time limits in this may only be extended by mutual written agreementagreement between the Employer and the Union, confirmed in writing. The procedures and time limits in this Article shall apply as far as possible to policy grievances. In the event of a timeliness dispute, the only proof case of an agreed to extension is a written agreement. Any Employer policy grievance presented under this Article it shall be in writing on a standardized grievance form and shall contain presented at Step Two to the name and address President of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A Except for grievances based on a dispute that payment to an Occasional Teacher was in error, the procedures of this section shall not apply to Occasional Teachers who have not completed the probationary period. Within the terms of this Agreement, a grievance is a difference relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. discussion An Occasional Teacher or a group of Occasional Teachers prior to the filing of a grievance by the Bargaining Unit, shall attempt by informal discussion with the principal or immediate supervisor, to resolve any matter which could be the subject of a grievance prior to filing a written grievance hereunder. In this discussion the Occasional Teacher or group of Occasional Teachers may be accompanied by a representative of the Bargaining Unit. If no resolution is reached under the Bargaining Unit may submit a grievance on behalf of an Occasional Teacher or group of Occasional Teachers at Step One within school days of the day the cause of the grievance became known or reasonably ought to have been known to the Occasional Teacher or group of Occasional Teachers. In all discussions of the grievance, the Occasional Teacher or group of Occasional Teachers may be accompanied by a representative of the Bargaining Unit. If no resolution is reached under the Bargaining Unit may submit a grievance on behalf of an Occasional Teacher or group of Occasional Teachers in writing to the person designated by the employer with a copy to the principal or immediate supervisor. The grievance shall be defined as an alleged violation state the clause or dispute over the interpretation or application of any specific provision(s) clauses of this Agreement that it is alleged have been violated, together with the description of the complaint sufficient to indicate the substance of the complaint and remedy sought. The term working representatives shall meet within ten school days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unitunit requesting such a meeting in order to attempt to resolve the grievance. The Board or Bargaining Unit shall initiate such policy or group grievance by giving notice to the other party within school days following the day the cause for the grievance became known or reasonably ought to have been known to the grieving party. The time within which such grievance may be brought may extend up to days beyond the term of this Agreement if the day the cause became known or reasonably ought to have been known is within school days preceding the end of the term of this Agreement. For the purpose of this grievance procedure, Union Stewards on behalf of bargaining unit members or the Local Unionterm "school days" as used herein shall mean a day that is within the school year and is not a school holiday. The parties may, may file grievances under this Articleby mutual consent, agree to extend the time limits provided for herein. If the grievant does a grievance is not adhere initiated within these time limits, or is not processed to the grievance procedure next higher step or to arbitration within the time limits set forth belowprescribed, the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:abandoned.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A. A grievance shall be defined as an alleged violation or dispute over within the interpretation or application of any specific provision(s) meaning of this Agreement The shall be any dispute concerning the interpretation, application or claimed violation of a specific term working days shall refer to days Monday through Fridayor provision of this Agreement. A prompt and efficient method of settling grievances, excluding County Commission designated holidaysas herein defined, is both desirable and necessary. Members This is the sole and exclusive procedure for the resolution of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Agreement. Moreover, notwithstanding the availability of the formal procedures of this Article, it is agreed an informal resolution of any dispute is desirable. If The parties agree that such informal resolution shall occur, if possible, by direct discussion between the grievant does not adhere to Union and the University’s Director, Part-Time Faculty Personnel Administration. B. An aggrieved Faculty member or the Union shall present a grievance procedure time limits set forth belowwithin twenty (20) working days of its occurrence or discovery, the or such grievance shall be deemed waived. The grievance must be reduced to have been abandoned writing and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, must specify the nature of the grievance, the acts giving rise to the grievance and specific provisions provision(s) of this Agreement allegedly violatedat issue, and the remedy relief requested. A grievance alleging a violation of Article XVI (Non- Discrimination) must include the following waiver language, which must be signed by the grievant: “If I am alleging illegal discrimination, I understand that I have a choice of pursuing my rights under Title VII of the Civil Rights Act of 1964 and/or any other applicable federal, state, or local non-discrimination law (e.g., the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Equal Pay Act, the District of Columbia Human Rights Act) either through the federal, state, and local regulatory and statutory procedures, or through this Grievance meetings conducted under and Arbitration Procedure, but not both. I understand that by filing a grievance claiming discrimination, I voluntarily waive my rights to pursue the same matter through the EEOC or applicable State or District of Columbia agencies, or through a lawsuit.” A Faculty member may be accompanied by a Union representative starting at Step 2 of the grievance procedure, except that a Faculty member may be accompanied by a Union representative at any investigatory interview that the Faculty member reasonably believes may result in disciplinary action, including at Step 1 of the grievance procedure. C. The following steps shall be followed in the processing of grievances: Step 1. The Faculty member shall file the grievance with his/her Department Chair or Program Director within twenty (20) working days of its occurrence or discovery. If the grievance is not resolved satisfactorily within ten (10) working days thereafter, the grievance may proceed to Step 2. Furthermore, while the Faculty member and the University are encouraged to resolve disputes at Step 1, the Union may initiate a grievance on the Faculty Step 2. If the grievance is not resolved at Step 1, the Faculty member may request that the Union appeal the grievance to Step 2. The Union shall meet with the grievant and, if the Union deems the grievance to be meritorious, it may file the Step 2 grievance with the Xxxx of the appropriate School or his/her designee within ten (10) working days of receipt of the Step 1 response, or within ten (10) working days of the deadline for the Step 1 response, if none was received. If the grievance is filed within the time limits, the Xxxx or his/her designee shall conduct a meeting for the purpose of attempting to resolve the grievance. If the grievance is not resolved at this Article meeting, the Xxxx or his/her designee shall respond to the Union in writing within twenty (20) working days of the meeting. If the Xxxx or his/her designee fails to respond within twenty (20) working days of the meeting, the grievance may proceed to Step 3. Step 3. A grievance not resolved at Step 2 may be appealed in writing by the Union to the University’s Xxxxxxx and Executive Vice President for Academic Affairs or his/her designee within ten (10) working days of the conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at times mutually agreeable this Step. If the grievance is not resolved at this meeting, the Xxxxxxx and Executive Vice President for Academic Affairs or his/her designee shall respond to the County and Union in writing within twenty (20) working days of the meeting. Any grievance filed by the Union and on behalf of two or more Faculty members, or involving the discharge of a Faculty member or a grievance against a Xxxx, may be initiated at Step 3. Additionally, as much as practicable shall be held during scheduled work hours. The grievant and to any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwisegrievance, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwisemay proceed initially at Step 3 if by mutual agreement, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:writing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Section Grievance A grievance Is defined lo be any controversy between Company and an employee or Union involving or violalion of provisions of this A shall be defined as an reduced lo and presented lo the Company calendar days xxxx on which giving rise lo the alleged violation or dispute over first In case of a grievance concerning disciplinary the interpretation or application of any specific provision(s) of this Agreement The term working days disciplinary No shall refer to days Monday through Fridaybe considered which is filed calendar day requirement. Grievances will be processed using following procedure: the aggrieved employee and employee's supervisor accompanied, excluding County Commission designated holidaysif employee desires. Members of the bargaining unit, by Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this ArticleXxxxxxx. If the grievant does employee for Union lo not adhere to the grievance procedure time limits set forth belowbe meeting, the grievance Union shall be deemed to have been abandoned and considered untimely. If of this A policy grievance filed by the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event Union chairperson Involving or violalion of a timeliness dispute, the only proof any of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violatedmay bypass Step and proceed to Between Union Commitlee Involved (such shall not exceed In number) and Manager and/or his The Plant Manager or his representative give a written decision lo Union calendar days of the meeting. The Union Manager In days following of answer of desire lo grievance lo Union Commitlee and Union represenlalive and/or of Local Union, if available, and a of of Company. Such 3rd will be held within calendar days lollowing written lo Manager, or his represenlake, Union wishes to proceed from lo or lime agreed lo by The Company representative will give the remedy requested. Grievance meetings conducted under this Article Union the Company's decision within calendar days following Section Procedure For or Over An employee discharged or suspended over days may present a grievance In through Commitlee Chairperson to management of grievance procedure, provided grievance is presented lo calendar days discharge or suspension If the grievance IS resolved may be Intention to to Such provided Union be made wit Company's answer, and such is received or be submitted lo a single will be waived from following of grievance procedure, Company in writing of its hin calendar days alter shall be held at times scheduled days lo will The shall be designated in the above order and shall sit in When an Arbitrator is not calendar days or any time mutually agreeable to agreed upon between the County parties. he will be bypassed in favor of in numerical order The list of shall in lor the duration of this Agreement. if an Arbitrator withdraws his name from the may appoint a by agreement The of the shall be and binding upon the Company. the Union and as much as practicable the employees The shall have to or change any of the provisions of or lo any new provisions in lieu or lo give any decision terms and provisions of or to deal any covered by However, shall have lo modify or aside any penalty imposed by Company lo grievance before Each party shall bear expense of own Union hearing and cost of shall be held during scheduled equally by Company and Time limits as in Article may be extended by between parties. any Company representalive fails lo answer the lime limits. will be considered as being progressed to A Employees have to have a Union Representative (provided the Representative IS at work hours. on in a by which the employee could receive discipline is lo be in employee's file or In Company's records The grievant Company provide Union and employee of any other employee(s) whom the County and the Union mutually agree are necessary to the resolution is lo be recorded in employee's file or in Company's Seclion of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties Seniority Seniority shall be responsible for the compensation defined as of their representatives attending the meetingof a employee employed Company bargaining described in Seclion Recognilion. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances An employee‘s Company seniority xxxx shall be processed as follows:delermined in accordance Seclion Period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A The Authority and the Alliance agree that discussions should occur between employees, the Alliance representatives and Authority representatives, when problems or differences arise, in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, Alliance representatives and Authority representatives. Where discussionsrelating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days. If any difference concerningthe interpretation, application, operation or any alleged violation of the Agreement arises between the Authority the Alliance, or between the and the Authority, it shall be defined as an processed according to the following grievance procedure. Nothing in this provision deprives of any rights or remedies to which they are entitled in any legislation, including the transfer legislation. Grievances involving the interpretation, application, operation or any alleged violation or dispute over of the interpretation or application of any specific provision(s) of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members must have the approval and support of the bargaining unitagent. The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Union Stewards on behalf of bargaining unit members or the Local UnionSaturdays, may file grievances under this ArticleSundays, and holidays shall be excluded. If the grievant does not adhere to time limits set out in Complaint Step, Step or Step of the grievance procedure time limits set forth beloware not complied with, then the grievance shall will be deemed considered as being abandoned, unless the parties have mutually agreed, in writing, to have been abandoned and considered untimelyextend the time limits. If the County does not respond Authority fails to meet a time limit, the Alliance, at its option, may either advance the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next stepstep or await the Authority's response, in which case no time limit shall apply against the Alliance until it has received the Authority's response. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration be represented at any step of the grievance unless procedure. The and the law requires otherwise, in which event, Alliance representative shall be given leave with pay to prepare for and attend such meetings. At either the employee Complaint Step or at Step the Authority representative may be assisted by a Human Resource representative. The Alliance shall have all be given full opportunity to present evidence and make representations throughout the rights and assume all grievance procedure. The Authority shall post the burdens, limitations and obligations, including financial obligations names and/or titles of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:appropriate designated Authority Representatives.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A Section 7.1 The County and the Union agree that it is beneficial to encourage informal discussion between employees and the Department concerning employment problems of employees covered by this Agreement. Such discussions should be held with a view towards reaching an understanding which will bring about resolution in a satisfactory manner without need for recourse under the formal grievance shall be defined procedure. Section 7.2 The term grievance as used in this Agreement means a formal, written complaint by the Union President or designee, an alleged violation employee, or dispute over the group of employees (with respect to a common issue) covered by this Agreement alleging non-compliance with a specific provision of this Agreement (including discharge), or any interpretation or application of any specific provision(s) the terms of this Agreement. Any matter not covered by this Agreement is not subject to the grievance procedure. Section 7.3 A grievance may be taken up during the working time of the Grievant upon approval of the Director of Public Safety as long as it does not impinge upon emergency situations or job duties. Section 7.4 All grievances must be in writing on the Department of Public Safety Grievance Form beginning in step 1 (see Appendix A) and must contain all the following information: A statement of the grievance, giving a description of the facts, dates and times of the events involved in the alleged violation, and the specific remedy desired by the Grievant; The term working days shall refer specific Article and Section of the Agreement alleged to days Monday through Fridayhave been violated; The action, excluding County Commission designated holidays. Members remedy, or solution requested by the employee(s); The signature of the Grievant(s); The date submitted; If a class action grievance that does not impact all of the members of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere to the grievance procedure time limits set forth below, must specifically identify the names of the employees and signatures for whom any remedy may be sought in such grievance; and Designation of the specific Union representative if the Grievant requests Union representation. Failure to include any of this information in the grievance shall render the grievance null and void. Section 7.5 All grievances shall be deemed to have been abandoned and considered untimely. If the County does not respond processed in accordance to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hoursfollowing procedure: Step 1. The grievant and any other employee(sGrievant (i.e. employee, or group of employees) whom the County and the Union mutually agree are necessary to the resolution of the shall present his/her (their) written grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her (their) assigned Battalion Captain within seven (7) calendar days of the time the employee(s) knew or should have known of the violation of the Agreement. The Battalion Captain should discuss and make an effort to resolve all legitimate grievances with fairness and justice for both the Grievant/s and the County. The Battalion Captain shall notify the Grievant of his/her decision within seven (7) calendar days from the date the grievance was presented to him/her. Step 2. If the grievance is not settled at the first step, the Grievant, within seven (7) calendar days of the receipt of the Battalion Captain’s decision, shall provide the same to the Director of Public Safety. The Director of Public Safety or his/her designee shall review the alleged grievance and shall, within seven (7) calendar days of receipt of the written grievance, conduct a meeting with the Grievant and the Union representative if the Grievant requests Union representation. Recognizing that grievances should be dealt The Director of Public Safety or his/her designee shall notify the Grievant of his/her decision no later than seven (7) calendar days following the meeting date. Step 3. If the grievance is not settled on the second step, the Grievant within seven (7) calendar days from receipt of the Director of Public Safety decision shall present the written grievance to the County Coordinator or his/her designee. The Coordinator or his/her designee shall review the alleged grievance and shall within seven (7) calendar days of receipt of the written grievance conduct a meeting with as expeditiously as possiblethe Grievant and Union representative, grievances if the Grievant requests Union representation. The Coordinator or his/her designee shall be processed as follows:notify the Grievant in writing of his/her decision no later than seven (7) calendar days following the meeting date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. SECTION A. A grievance shall be defined as any dispute that arises between an alleged violation or dispute over employee and management with respect to the interpretation or application of this contract, or the rights, obligations, or liabilities under the contract of the parties covered herein. This grievance procedure specifically limits the process of review, appeal, or grievance (as defined above) and redress to the grievance procedure herein, and the bargaining unit employees waive any specific provision(s) right to appeal or review to the State Personnel Board of review regarding the terms of this Agreement Agreement. SECTION B. The term working days parties agree that if an employee who has filed a grievance also files a complaint or appeal under the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, or other federal administrative agency jurisdiction regarding the same incident or the same or similar allegation, that the grievance will be placed on hold at whatever grievance step it was at the time of the filing in the above referenced jurisdiction, and all timeliness will be extended until the matter is resolved or dismissed from the above referenced jurisdictions. SECTION C. All grievances must be processed at the proper step in the progression in order to be considered at any subsequent step. The Union may withdraw a grievance at any point by submitting a written statement to that effect, or by permitting the time requirements at any step to lapse without further appeal. Any grievance not answered by management within the stipulated time limits shall refer be considered answered in the negative and may be advanced by the Union to days Monday through Friday, excluding County Commission designated holidays. Members the next step in the grievance procedure. SECTION D. A grievance may be brought by any employee of the bargaining unit, Union Stewards on behalf . Where a group of bargaining unit members employees desire to file a grievance involving a situation affecting each employee in the same manner, one member selected by such group may process the grievance as a group grievance, provided the grievance sets forth each employee to be included in the group grievance. All employees set forth in such grievance are bound by the outcome. A Union xxxxxxx having an individual grievance may ask any xxxxxxx or Union officer to assist in adjusting the Local grievance. Bargaining unit employees have the right to present grievances and have them adjusted, without representation by the Union, may file grievances under as long as adjustment is not inconsistent with the terms of this Article. If Agreement, and as long as the Union is permitted to be present at all grievance meetings, and is made aware of the answer or any SECTION E. Prior to submitting a grievance to the first step of the grievance procedure, the employee shall first attempt to resolve the grievance informally through an oral discussion with the Superintendent or Assistant Superintendent, and one other management personnel, with or without Union representative, pursuant to Section D above. SECTION F. The following steps shall be followed in processing a grievance: STEP 1: The grievant does not adhere shall have ten (10) working days from the occurrence of the event(s) that gave rise to the grievance procedure or ten (10) working days from the time limits set forth belowthe grievant reasonably should have become aware of the event(s) that gave rise to the grievance, to file the grievance with the Superintendent. Upon receipt of the grievance, a meeting shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of held between the grievant, the nature xxxxxxx, and the Superintendent or Assistant Superintendent, and one other management personnel. STEP 2: If the answer of the Superintendent is not satisfactory or is not timely, the grievant or Union may appeal the answer of the Superintendent to the Engineer within five (5) working days of the date the answer was received or should have been received. The grievance shall be considered at the meeting of the joint grievance committee, (which shall consist of the Local President, one (1) employee designee of the Union, and/or a staff representative), and the Engineer and/or his designated representatives. The meeting shall be scheduled by the Engineer not less than five (5) nor more than twenty (20) days after the initiating of Step 2 appeal. If the grievance is not settled at the step 2 meeting, the Engineer or his designee shall give a written answer to the Local President and the employee within five (5) work days of the meeting. STEP 3: If the grievance is not resolved at Step 2, the Union may refer the grievance to mediation by giving written notice and a request for a mediator to the Engineer and the Federal Mediation and Conciliation Service (FMCS) or the State Employment Relations Board (SERB) within twenty work days of the date the answer was received at Step 2. The mediator shall meet with both parties and their representatives to attempt to reach a settlement. Any settlement reached shall be reduced to writing and shall be binding upon the grievant, the Union and the Employer. STEP 4: If the grievance is not satisfactorily settled at Step 2, and was not processed through grievance mediation at Step 3, the Union may, within thirty (30) calendar days after receipt of the Step 2 answer, submit the grievance to arbitration. If the grievance was processed through grievance mediation and was not resolved, the Union, may, within thirty (30) calendar days after the date of the grievance mediation hearing, submit the grievance to arbitration. Upon notification to the Engineer of its intent to arbitrate the grievance, the acts giving rise Union shall submit a request to the grievance Federal Mediation and specific provisions Conciliation Service for a list of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall seven (7) arbitrators to be held at times mutually agreeable sent to the County and both the Union and as much as practicable shall be held during scheduled work hoursthe Employer. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution parties shall meet upon receipt of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the list to select an arbitrator. The parties shall be responsible for use the compensation alternate strike method of their representatives attending selection, with the meetingfirst strike decided by a coin toss. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee Either party shall have the right to process reject up to one (1) list of Arbitrators before selecting an arbitrator. At least twenty- four (24) hours prior to the arbitration hearing, the parties agree to submit, in writing to the arbitrator, either a grievance under joint statement of the issue(s), or independent statements of the issue(s) being presented. The Arbitrator shall limit his decision strictly to the interpretation, application, or enforcement of the specific Articles and Sections of this agreement as they apply to the specific evidence and issues submitted and he shall be without power or authority to make any decision: 1. Contrary to or inconsistent with or modifying, amending, adding to, subtracting from, or varying in any way the terms of this Agreement or applicable law; 2. Concerning the establishment of wage rates not negotiated as part of this Agreement, but cannot require except as otherwise provided in this Agreement; 3. Granting any right or relief on any alleged grievance occurring at any time other than during the contract period or any extension thereof. The decision of the Arbitrator resulting from any arbitration of grievance hereunder shall be in writing and shall be final and binding, subject to the grievance unless provisions of the law requires otherwiseOhio Revised Code as it relates to arbitration. The expenses of any non- employee witness shall be borne, if at all, by the party calling them. The fees of the court reporter shall be paid by the party asking for one; such fees shall be split equally if both parties desire a reporter, or request a copy of any transcript. The cost of the services of the Arbitrator shall be borne equally. However, each party is responsible for its own costs, transcript fees, or representation fees. The Arbitrator shall be requested to submit a total accounting for the fees and expenses of arbitration. The Arbitrator shall be requested to render his decision as quickly as reasonably possible, but in which any event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:no later than thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. The grievance procedure herein provided is among the most important matters in the successful administration of the Agreement. A grievance shall be defined as an any difference arising out of the interpretation, application, administration or alleged violation or dispute over the interpretation or application of any specific provision(s) of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unitcollective agreement. Wherever the term procedure" is used in this Agreement, Union Stewards on behalf of bargaining unit members or it shall be considered as including the Local Union, may file grievances under this Articlearbitration procedure. If the grievant does not adhere All time limits referred to in the grievance procedure time limits set forth below, the grievance herein contained shall be deemed to have been abandoned mean "working days". Working days are defined from Monday to Friday, excluding statutory holidays, and considered untimelynot to be construed to mean grievers' working days. If the County does not respond to the grievance within The time limits set out in both the grievance procedure time limits set forth below, the grievance and arbitration procedure shall be advanced strictly observed by the parties to the next step. Grievance procedure time limits this Agreement, but may only be extended by mutual written agreementconsent. In All grievances must be in writing, setting out the event matter complained of, the provisions of the Collective Agreement allegedly broken, the remedy sought, and signed by the griever and a Xxxxxxx of the Union. A copy shall be sent to the respective manager. A complaint grievance by an employee, which has been settled, shall not again be made the subject matter of a timeliness dispute, complaint or grievance by that employee during the only proof lifetime of an agreed the Agreement. A griever whose attendance is required at arbitration hearings shall receive permission with pay to extension is a written agreementbe absent from work. Any The Union must make such request in writing one (1) week prior to the hearing. No grievance presented under this Article shall be considered where the circumstances giving rise to it occurred or originated more that seven (7) working days before the filing of the grievance. Grievance shall be adjusted and settled as follows: immediate supervisor (or to the person designated in authority in their absence) or other designate as advised by the Company. If settlement satisfactory to the employee concerned is not received by the employee in writing on a standardized grievance form and shall contain within seven (7) working days following the name and address of the grievant, the nature presentation of the grievance, the acts giving rise grievance may be presented as follows at any time within seven (7) working days, following receipt of the Step written reply. The aggrieved employee may present grievance to the grievance Station Manager or other designate as advised by the Company and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and may have the Union and as much as practicable shall be held during scheduled work hoursRepresentative of choice present if the employee desires. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance Station Manager or designate shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwiserender decision in writing, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:within seven

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as an alleged violation Section 1. Any disputes between the Employer and the Union or dispute over the interpretation or application of any specific provision(s) of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members member of the bargaining unitunit concerning the meaning, Union Stewards on behalf interpretation, application or violation of any provisions of Agreement or of any rules, regulations or procedures governing the terms and conditions of bargaining unit members or the Local Union, may file grievances under employees shall be resolved finally and exclusively pursuant to this Article. If Employees are encouraged to speak directly to their immediate supervisor and resolve any issues they may have informally. Such informal discussions shall not, however, affect the grievant does not adhere time frame to process grievances/arbitrations under this Agreement. Section 2. In order to commence the grievance/arbitration process, a written grievance procedure must be filed by the employee or the Union. The grievance must set forth the specific action complained of and the provisions of the Agreement that are alleged to be violated. Section 3. All time limits set forth belowwith respect to the filing of the grievance, proceeding to the grievance next step of a grievance, or filing for arbitration must be strictly observed, or the grievance/arbitration shall be deemed to have been abandoned untimely, and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance matter shall be advanced deemed conclusively resolved based upon the Employer’s last decision. The arbitrator shall be empowered to the next stepdetermine timeliness in accord with this provision. Grievance procedure time Time limits may only be extended by mutual written agreementagreement executed by the Executive Director of the Employer and a Union Staff Representative or officer of the Union. Section 4. If a grievance is filed which raises an issue of statutory violation as well as an issue of contract violation, it shall not be subject to arbitration unless the Employee and the Union shall elect in writing to make arbitration the exclusive forum for resolution of the statutory as well as the contractual issue, and waive any rights they may have to proceed in any other forum. This provision will not prevent the Union from raising, as a defense to discipline, a claim that the discipline was imposed in retaliation for the employee exercising rights protected by federal or state law. Section 5. The grievance/arbitration procedure shall be as follows: STEP 1: The employee and/or the xxxxxxx shall present the grievance to the applicable Department Director of Adult Day or Residential Services, or designee, and the parties will discuss the grievance and attempt to resolve it. In the event case of a timeliness discipline or discharge, the grievance must be presented within ten (10) days of when the Employee or the Union receives notice of the discipline or discharge, whichever is later. In the case of any other dispute, the only proof grievance must be presented within thirty (30) days of an agreed to extension when the employee or Union had knowledge of the matter, whichever is later. The Employer shall provide the employee and/or xxxxxxx with a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise response to the grievance and specific provisions within five (5) days of this Agreement allegedly violatedreceipt. If no response is provided within five (5) days, and the remedy requested. Grievance meetings conducted under this Article it shall be held at times mutually agreeable to the County and the Union and act as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution a denial of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When and entitle the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right proceed to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:Step 2.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as an alleged violation or dispute over the interpretation or application of any specific provision(s) of this Agreement Agreement. The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere to the grievance procedure time limits set forth below, the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as an alleged violation or Section 1: Any dispute over arising concerning the interpretation or application of any specific provision(s) the express terms of this Agreement The shall be the subject of a grievance and shall be processed in accordance with the following procedure, except that the term "grievance" shall not apply to the classification of jobs or to any matter as to which (i) a method of review is prescribed by law or any rule or regulation having the force and effect of law, or (ii) the Board is without authority to act. Section 2: When a dispute arises, the Bargaining Unit Member involved will meet informally with the person designated below within a fifteen (15) work day period in which to bring his/her grievance to this informal stage to resolve the issue before instituting a grievance under Section 3 of this procedure: a. Bargaining Unit Members employed in an elementary, middle, or senior high school building will meet with the appropriate school principal. b. Bargaining Unit Members employed as part of the central office staff will meet with the Assistant Superintendent for Business & Facilities. Section 3: A grievance of a Bargaining Unit Member shall be presented in writing by the employee concerned to the Assistant Superintendent for Human Resources & Leadership Development within fifteen (15) working days after the informal meeting. Failure to present a written grievance within the time limit provided in this section shall refer constitute a waiver thereof. The Assistant Superintendent for Human Resources & Leadership Development shall have fifteen (15) work days to respond to grievance. Section 4: In the event such grievance is not resolved the Association may appeal in writing Section 5: In the event such grievance is not resolved the Association may appeal in writing to the Board of Education within fifteen (15) work days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unit, Union Stewards on behalf receipt of bargaining unit members the decision of Superintendent or the Local Union, may file grievances under this Articleabsence thereof. The Board of Education shall have fifteen (15) work days to respond to such grievance. Section 6: If the grievant does not adhere Association fails to proceed within any of the grievance procedure stated time limits set forth belowperiods provided for in this procedure, then the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. withdrawn. Section 7: In the event that such grievance is not disposed of a timeliness disputeunder Section 5, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain Board or the name and address representative of the grievantAssociation, the nature not later than fifteen (15) work days after receipt of the grievanceBoard of Education decision or absence thereof, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require submit the issue to arbitration before an impartial arbitrator in accordance with Voluntary Rules of the American Arbitration Association utilizing the List with Appointment service. Section 8: A Bargaining Unit Member may be represented at all stages of the grievance unless procedure (including the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:informal meeting stage) by an Association representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A 8.01 The grievance procedure herein provided is among the most important matters in the successful administration of the Agreement. The Company and the Union therefore agree that the designated grievance procedure as hereinafter set forth shall serve and constitute the sole and exclusive means to be defined as an alleged violation or dispute over utilized by the grievor for the proper disposition, decision and final settlement of a grievance arising in respect of the interpretation or application of any specific provision(s) alleged violation of this Agreement, and the specifically designated grievance procedure shall be strictly followed. Wherever the term “grievance procedure” is used in this Agreement The term working days it shall refer be considered as including the arbitration procedure. A “grievance” is defined as a difference between the Company and the Union/employee relating to days Monday through Fridaythe interpretation, excluding County Commission designated holidays. Members application, or administration of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere to Agreement. 8.02 All time limits found in the grievance procedure time limits set forth below, the grievance herein contained shall be deemed to mean “the employee's normal scheduled work week” excluding designated statutory holidays. Time limits stipulated in this Article shall be counted from the day following the submission of the grievance or the reply. An employee may have been abandoned the assistance of his Union xxxxxxx at any step of the grievance procedure. 8.03 All time limits found in the grievance procedure are mandatory and considered untimelymust be met; failure of the Union to advance a grievance within the agreed time limits at any step of the procedure shall constitute abandonment of such grievance. If the County does not respond Should management fail to answer the grievance within the grievance procedure agreed time limits set forth belowlimits, then the grievance shall be advanced will proceed to the next stepstep without the Company's answer. Grievance procedure time Time limits may only be extended extended, provided it is agreed by mutual written agreement. In the event of a timeliness disputeboth parties in writing, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall and either party will not unreasonably withhold such extensions. 8.04 All grievances must be in writing on a standardized grievance form and shall contain setting out the name and address of the grievantmatter complained of, the nature remedy sought and signed by the grievor and the xxxxxxx representing the grievor. 8.05 A complaint or grievance by an employee which has been settled between the Company and an authorized Union representative or disposed of the grievance, the acts giving rise pursuant to the grievance and specific provisions arbitration provisions, herein shall not again be made the subject matter of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her complaint or grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A 1. The purpose of this article is to establish a procedure for the settlement of any grievances between the employees, the Union, and the Town. All such grievances will be handled as provided in this article. 2. The term grievance shall be defined as an alleged only those claims or disputes which allege a violation or dispute over of the interpretation or application of any specific provision(s) provisions of this Agreement The term working days Agreement. 3. No grievance shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances be considered under this Article. If the grievant does not adhere to the grievance procedure time limits set forth unless it is presented as provided below, the . A grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, including the acts giving rise contract provision involved as well as the requested remedy. Grievances shall be handled accordingly: Step 1: The Union Grievance Committee shall submit the grievance to the Chief in writing within fourteen calendar days of its occurrence or knowledge of its occurrence. The Chief has fourteen calendar days to respond to said grievance. Step 2: If the grievance is not settled in Step 1, or if no response is forthcoming within the time limits, the Union Grievance Committee may submit the grievance to the General Manager. The Union Grievance Committee has fourteen (14) calendar days from the date of the Chief’s Step 1 response (or from the date the Chief’s Step 1 response is due if the Chief does not answer the grievance at Step 1) to submit the grievance to the General Manager. The General Manager has fourteen calendar days to act on same. Step 3: If the grievance is not settled in Step 2, or if no response is forthcoming within the time limits, the Union grievance Committee may submit the grievance to the Board of Selectmen. The Union Grievance Committee has fourteen (14) calendar days from the date of the General Manager’s Step 2 response (or from the date the General Manager’s Step 2 response is due if the General Manager does not answer the grievance at Step 2) to submit the grievance to the Board of Selectmen. The Board of Selectmen has fourteen calendar days to act on same. Step 4: If the grievance is not settled in Step 3, or if no response is forthcoming, the Union Grievance Committee of the Town may submit the grievance to final and specific provisions binding arbitration before a three person Board of this Agreement allegedly violated, and the remedy requestedArbitration within twenty-one calendar days. Grievance meetings conducted under this Article Said board shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed comprised as follows:: The Union Grievance Committee shall designate one (1) member; the Town shall designate one (1) member and those two (2) shall designate the third member. If the two fail to agree on the third member within fourteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Except for grievances based on a dispute that payment to an Occasional Teacher was in error, the procedures of this section shall not apply to Occasional Teachers who have not completedthe probationary period. Within the terms of this Agreement, a grievance is a difference relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. An Occasional Teacher or a group of Occasional Teachers shall, prior to filing a grievance as hereinafter provided, attempt by informal discussion with the principal or immediate supervisor, to resolve any matter which could be the subject of a grievance prior to filing a grievance hereunder. In this discussion the Occasional Teacher or group of Occasional Teachers may be accompanied by a representativeof the Union. A grievance may be filed by an Occasional Teacher or a group of Occasional Teachers at Step One within school days of the day the cause of the grievance became known or reasonably ought to have been known to the Occasional Teacher or group of Occasional Teachers. In all discussions of the grievance, the Occasional Teacher or group of Occasional Teachers may be accompanied by a representativeof the Union. The terms of settlement of any grievance at any step shall be defined as put in writing and signed by the parties to this Agreement. If no resolution is reached under an alleged violation Occasional Teacher or dispute over group of Occasional Teachers may submit a grievance in writing, on a form provided by the interpretation Local, to the person designated by the employer with a copy to the principal or application of any specific provision(s) immediate supervisor and to the Local. The grievance shall state the clause or clauses of this Agreement that it is alleged have been violated, together with a description of the complaint sufficient to indicate the substance of the complaint and the remedy sought. The term working person designated by the employer shall attempt to resolve the grievance within school days of receipt of the grievance in writing and may meet with the and the Union representative at a mutually agreeable time. The Board or Union shall refer initiate a policy or group grievance by giving notice to the other party within school days following the day the cause for the grievance became known or reasonably ought to have been known to the grieving The time within which such grievance may be brought may extend up to days Monday through Friday, excluding County Commission designated holidays. Members beyond the term of this Agreement if the day cause became known or reasonably ought to have been within school days preceding the end of the bargaining unitAgreement. For the purpose of this grievance procedure, Union Stewards on behalf of bargaining unit members or the Local Unionterm "school as used herein shall mean a day that is within the school year and is not a school holiday. The parties may, may file grievances under this Articleby mutual consent, agree to extend the time limits provided for herein. If the grievant does a grievance is not adhere initiated within these time limits, or is not processed to the grievance procedure next higher step or to arbitration within the time limits set forth belowprescribed, the grievance shall be deemed to have been abandoned and considered untimelybe abandoned. If the County does grievance is not respond settled within school days of the meeting or after the written response has been given, if earlier than school days, it may be referred to arbitration within days, The time limits provided for herein shall be calculated excluding the date the cause became known or reasonably ought to have been known to the grieving party. Step Arbitration of Grievance Where a grievance within relates to the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable, the Board or Union may, after the grievance procedure established by this Agreement has been with, notify the other party in writing of its desire to submit this grievance to arbitration. The notice shall specify whether the giving the notice desires a single arbitrator or a board of arbitration, and if the latter, shall specify the party's appointee to the board of arbitration. Such notice shall be delivered to the other party in writing who shall, if they do not wish a single arbitrator, so advise the originating party within school days and shall at the same time limits set forth belowname its appointee to the Board of arbitration. The originating party shall then appoint its nominee within five school days of being of the appointee of the other party. The appointees, or in the case of a single arbitrator, representatives of the Board and Union shall as soon as possible appoint an arbitrator or the chairperson of the arbitration board. If either party fails to appoint an arbitrator or, if the appointees fail to agree on a chairperson, or if the representativescannot agree on a single arbitrator, the grievance appointment shall be advanced to made by the next stepMinister of Labour upon the request of either party. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article The arbitrator or arbitration board shall be in writing on a standardized grievance form hear and shall contain the name and address of the grievant, the nature of determine the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, shall issue a decision and the remedy requested. Grievance meetings conducted under this Article decision shall be held at times mutually agreeable to and on the County and the Union and as much as practicable parties. The decision of a majority shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution decision of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:the

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as a dispute arising under this Agreement between an alleged violation aggrieved employee (hereinafter “Grievant”) or dispute over the Association and the Employer with respect to the interpretation or application of any specific provision(s) the provisions of this Agreement. All grievances shall be adjusted by and between the parties in the manner herein provided, with the exception that arbitration shall only be available for grievances filed during the life of this Agreement. The time limits specified herein are mandatory unless extended by a written and signed Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of between the bargaining unit, Union Stewards on behalf of bargaining unit members or Employer and the Local Union, may file grievances under this ArticleAssociation. If the grievant Grievant or the Association does not adhere to file a grievance within the specified time limits, the grievance procedure is forfeited. If the Grievant or the Association fails to process the grievance at any step within the specified time limits set forth belowlimits, the grievance shall be deemed to have been abandoned withdrawn and considered untimelymay not be refiled. If the County does not respond Employer’s representative fails to the answer a grievance within the grievance procedure specified time limits set forth belowlimits, the grievance shall be deemed denied and automatically advanced to the next stepstep of the Grievance Procedure, except to Step Three, Arbitration, as noted below. Grievance procedure time limits may only The Grievant and, as hereinafter provided, an Association Representative will be extended by mutual written agreementreleased from their jobs without loss of pay or benefits to participate in meetings conducted with the Employer’s representatives. In the event Any resolution or forfeiture of a timeliness disputegrievance shall be final and binding upon the Grievant, the only proof Association and the Employer, and shall not be subject to further review. The resolution of an agreed to extension is a written agreementgrievance shall not add to, subtract from or modify the terms of this Agreement. Any grievance presented under this Article based upon the suspension or discharge of an employee shall be in writing on a standardized grievance form filed with the Assistant Superintendent for Human Resources and shall contain the name and address Employee Relations (or other designated representative of the grievant, Employer) at Step Two within ten (10) workdays following the nature beginning of the grievance, the acts giving rise to the grievance and specific provisions suspension or discharge. For purposes of this Agreement allegedly violatedArticle, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any a workday is a day other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwisethan Saturday, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process Sunday or a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under holiday recognized by this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:.

Appears in 1 contract

Samples: Master Agreement

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GRIEVANCE AND ARBITRATION PROCEDURE. Section Grievance Procedure A grievance is defined to be any between the Company and an employee or the Union involving the interpretation, cation, or violation of the specific provisions of this Agreement. A grievance shall be defined as an alleged violation or dispute over the interpretation or application of any specific provision(s) of this Agreement The term working days shall refer reduced to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere writing and presented to the grievance procedure time limits set forth below, Company within calendar days after the grievance shall be deemed to have been abandoned and considered untimely. If date on which the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts facts giving rise to the alleged grievance first occurred. No grievance shall be considered which is not filed within the calendar day filing requirement. Grievances will be processed promptly using the following procedure: Between the aggrieved employee and the employee’s immediate supervisor accompanied, if the employee desires, by the Union Xxxxxxx, Note: A policy grievance filed by the Union chairman involving the appli- cation interpretation or violation of any of the specific provisions of this Agreement allegedly violatedmay bypass Step and proceed to Step Between the Union Committee involved (such Committee shall not exceed in number) and the Plant Manager his The Plant Manager or his representative will give a written decision to the Union within calendar days of the Step meeting. Between the Union Committee and the National Union representative the President of the Local Union, if available, and a of the President of the Company. Such 3rd Step meeting will be held within calendar days following written notification to the Plant Manager, or his representative, that the Union wishes to proceed from Step to Step or at another time mutually agreed to by the parties. The Company representative will give the Union the Company’s written decision within calendar days following the Step meeting. Section Procedure For Discharges or Suspensions Over Days An employee discharged or suspended over days may present a grievance in writing through the Committee Chairman to management at Step of the grievance procedure, provided such grievance is presented to management within calendar days of the discharge or suspension. Section Arbitration Procedure If the grievance is not resolved at Step of the grievance procedure, it may the Company be made within answer, and the remedy requestedavailability of the then be submitted to arbitration, provided the Union in writing of its intention to arbitrate. Grievance meetings conducted under this Article Such notice must calendar days after receipt of the Company’s Step written arbitration shall be held at times mutually agreeable promptly scheduled subject to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of arbitrator or the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, will be waived. Grievances referred to arbitration will be submitted to a single arbitrator from the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as followsfollowing list:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as Except for grievances based on a dispute that payment to an alleged violation or dispute over Occasional Teacher was in error, the interpretation or application of any specific provision(s) procedures of this Agreement The term working days shall refer not to days Monday through FridayTeachers who have not completed the probationary period. Within the terms of Agreement, excluding County Commission designated holidaysa grievance is a difference relating to the application, administration or alleged Agreement, any to whether a matter is An Occasional Teacher or a group of Occasional Teachers shall, prior to filing a grievance as hereinafter provided, attempt by informal with the principal or Immediate supervisor, to resolve any matter which could be the subject of a grievance prior to a written grievance hereunder. Members in this the Occasional Teacher or group of Occasional Teachers may be accompanied by representative of the bargaining unit, Union Stewards on behalf Union. A may be by an Occasional Teacher or a group of bargaining unit members or Occasional at Step One within school days of the Local Union, may file grievances under this Article. If day the grievant does not adhere to cause of the grievance procedure time limits set forth below, the grievance shall be deemed became known or reasonably ought to have been abandoned and considered untimely. If the County does not respond known to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreementOccasional Teacher or group of Occasional Teachers. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise Teacher or group of Occasional Teachers may be accompanied by a of the Union. If no resolution is reached under an Occasional Teacher or group of Occasional Teachers may submit a grievance, in writing and signed by the Union, to the person designated by the a to the principal or immediate supervisor. The grievance and specific provisions shall state the clause or clauses of this Agreement allegedly violated, that it is alleged have been together with a description of the to the substance of this and the remedy requestedsought. Grievance meetings conducted under this Article The person designated by the employer shall be held attempt to resolve the grievance school days of receipt of the In writing and may meet the and the at times a mutually agreeable time. The Board or Union shall initiate such or group grievance by to the County and other party within school days the Union and as much as practicable shall be held during scheduled work hoursday the cause for the grievance became known or reasonably ought to have been known to the grieving party. The grievant time within such grievance may be brought may extend up to days beyond the term of this Agreement if the day the cause known or reasonably ought to have been known is within school days preceding the end of the term of Agreement. For the purpose of this grievance procedure, the term "school days" as used herein shall mean a day that the school year and any other employee(s) whom is not a school holiday. The parties may, by mutual consent, agree to extend the County and the Union mutually agree are necessary provided for herein. If a grievance is not Initiated these limits, or not processed to the resolution of next higher step or to arbitration the time limits prescribed, the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses deemed to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:abandoned.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance 3601 Section 1 – General Principles 3602 Basic Means of Settling Grievances 3603 The following procedure shall be defined applied and relied upon by both parties as an alleged violation or the basic means of seeking adjustment of and settling grievances. Xxxxxxxxx, as referred to in this Article, includes every dispute over the concerning interpretation or and application of any specific provision(s) of this Agreement The term and/or any dispute concerning wages, hours, or working days conditions. All such disputes shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere be subject to the grievance procedure. 3604 Time Limits 3605 Except for grievances alleging errors in wages, benefits errors, or discharge, each grievance arising under this Agreement shall be presented to the appropriate party within twenty-one (21) calendar days after the grievant had knowledge of the event or should have had knowledge of the event. All discharge grievances shall be deferred immediately to Step Two of this procedure within seven (7) calendar days from the date of the discharge. Any grievance not timely filed is deemed waived by the aggrieved party. 3606 Both parties agree that the grievance and arbitration procedure should proceed as expeditiously as possible; however, by mutual agreement between the Union and the Employer, the time limits set forth below, the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within of any step of the grievance procedure may be extended and this extension must be confirmed in writing within the specified time limits. Both parties agree, however, to make their best effort to abide by the time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreementoutlined in this Agreement. In the event of the Union fails to appeal a timeliness disputegrievance in a timely manner, the only proof of an agreed grievance will be treated as “withdrawn” by the Union. If the Employer fails to extension is respond to a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain within the name and address of the grievanttime limits specified, the nature of the grievance, the acts giving rise grievance may be appealed to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution next step of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in procedure by the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A. A grievance shall be defined as an alleged violation or dispute over within the interpretation or application of any specific provision(s) meaning of this Agreement The shall be any dispute concerning the interpretation, application or claimed violation of a specific term working days shall refer to days Monday through Fridayor provision of this Agreement. A prompt and efficient method of settling grievances, excluding County Commission designated holidaysas herein defined, is both desirable and necessary. Members This is the sole and exclusive procedure for the resolution of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Agreement. Moreover, notwithstanding the availability of the formal procedures of this Article, it is agreed an informal resolution of any dispute is desirable. If The parties agree that such informal resolution shall occur, if possible, by direct discussion between the grievant does not adhere to Union and the University’s Director, Part-Time Faculty Personnel Administration. B. An aggrieved Faculty member or the Union shall present a grievance procedure time limits set forth belowwithin twenty (20) working days of its occurrence or discovery, the or such grievance shall be deemed waived. The grievance must be reduced to have been abandoned writing and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, must specify the nature of the grievance, the acts giving rise to the grievance and specific provisions provision(s) of this Agreement allegedly violatedat issue, and the remedy relief requested. A grievance alleging a violation of Article XVI (NonDiscrimination) must include the following waiver language, which must be signed by the grievant: “If I am alleging illegal discrimination, I understand that I have a choice of pursuing my rights under Title VII of the Civil Rights Act of 1964 and/or any other applicable federal, state, or local non-discrimination law (e.g., the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Equal Pay Act, the District of Columbia Human Rights Act) either through the federal, state, and local regulatory and statutory procedures, or through this Grievance meetings conducted under and Arbitration Procedure, but not both. I understand that by filing a grievance claiming discrimination, I voluntarily waive my rights to pursue the same matter through the EEOC or applicable State or District of Columbia agencies, or through a lawsuit.” A Faculty member may be accompanied by a Union representative starting at Step 2 of the grievance procedure, except that a Faculty member may be accompanied by a Union representative at any investigatory interview that the Faculty member reasonably believes may result in disciplinary action, including at Step 1 of the grievance procedure. C. The following steps shall be followed in the processing of grievances: Step 1. The Faculty member shall file the grievance with his/her Department Chair or Program Director within twenty (20) working days of its occurrence or discovery. If the grievance is not resolved satisfactorily within ten (10) working days thereafter, the grievance may proceed to Step 2. Furthermore, while the Faculty member and the University are encouraged to resolve disputes at Step 1, the Union may initiate a grievance on the Faculty member’s behalf at Step 2, provided it is so initiated within the twenty (20) working days specified in paragraph B above. In the event an individual Faculty member and the University settle a dispute without the written and express agreement of the Union, that settlement will not create a precedent for either party in the interpretation or application of this Article Agreement. Step 2. If the grievance is not resolved at Step 1, the Faculty member may request that the Union appeal the grievance to Step 2. The Union shall meet with the grievant and, if the Union deems the grievance to be meritorious, it may file the Step 2 grievance with the Xxxx of the appropriate School or his/her designee within ten (10) working days of receipt of the Step 1 response, or within ten (10) working days of the deadline for the Step 1 response, if none was received. If the grievance is filed within the time limits, the Xxxx or his/her designee shall conduct a meeting for the purpose of attempting to resolve the grievance. If the grievance is not resolved at this meeting, the Xxxx or his/her designee shall respond to the Union in writing within twenty (20) working days of the meeting. If the Xxxx or his/her designee fails to respond within twenty (20) working days of the meeting, the grievance may proceed to Step 3. Step 3. A grievance not resolved at Step 2 may be appealed in writing by the Union to the University’s Xxxxxxx and Executive Vice President for Academic Affairs or his/her designee within ten (10) working days of the conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at times mutually agreeable this Step. If the grievance is not resolved at this meeting, the Xxxxxxx and Executive Vice President for Academic Affairs or his/her designee shall respond to the County and Union in writing within twenty (20) working days of the meeting. Any grievance filed by the Union and on behalf of two or more Faculty members, or involving the discharge of a Faculty member or a grievance against a Xxxx, may be initiated at Step 3. Additionally, as much as practicable shall be held during scheduled work hours. The grievant and to any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwisegrievance, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwisemay proceed initially at Step 3 if by mutual agreement, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:writing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A. A grievance shall be defined as an alleged violation violation, misinterpretation, or dispute over misapplication of the express terms of this Agreement. B. It is the intention of the parties involved to provide a peaceable and orderly procedure to resolve disagreements concerning the interpretation of the Agreement. C. The time limits in the steps may be shortened or application extended upon written mutual agreement between both parties. If the time limits are not followed by the Association, the grievance shall be considered settled based on the Employer’s last answer. If the time limits are not followed by the Employer, the grievance may be advanced to the next step by the Association. D. The Association shall use a mutually agreed upon grievance form to initiate grievances. E. For the purpose of any specific provision(s) of this Agreement The term processing grievances, working days shall refer to days be defined as Monday through Friday, excluding County Commission designated holidays. Members all holidays and unscheduled closures. F. Any grievance not presented for disposition through the grievance process within ten (10) working days of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere to the grievance procedure time limits set forth below, the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address occurrence of the grievant, the nature of the grievance, the acts conditions giving rise to the grievance and specific provisions grievance, or within ten (10) working days of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable date it is reasonable to assume that the Association or faculty member or librarian first became aware of the conditions giving rise to the County and the Union and as much as practicable grievance, shall not hereafter be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process considered a grievance under this Agreement, but cannot require arbitration . G. The grievance can be moved directly to Step Two if it is shown that the grievance would affect the majority of the Association’s membership. The appropriate Vice President and the Association must mutually agree that the grievance unless can be moved to Step Two. If there is not mutual agreement it must start at Step One. H. The Association may file a grievance on behalf of a provisional faculty member or librarian. The termination of services or failure to reemploy any provisional faculty member or librarian shall not be the law requires otherwisebasis for any grievance. A faculty member or librarian and/or the Association having a grievance shall discuss the matter, informally, with the immediate supervisor, with the faculty member’s or librarian’s Association representative present. If the grievance is not resolved orally, it may be moved to Step Two. The Association may then submit the grievance, in which eventwriting, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations within ten (10) working days of the Union under this Article Step One meeting or decision whichever is later, to the appropriate Vice President for, stating the remedy or correction requested, plus the facts upon which the grievance is based and the alleged contract violation. Alleged contract violations should be identified by Article, Section and Paragraph. The faculty member or librarian may and the Association shall sign the grievance. The Association and the faculty member or librarian, if the faculty member or librarian so chooses, shall then, within ten (10) working days thereafter, meet with the appropriate Vice President and any other Article that may apply necessary individuals to his/her discuss the grievance. Recognizing that grievances should be dealt The Vice President will respond in writing with as expeditiously as possible, grievances shall be processed as follows:the results of this meeting within ten (10) working days to the Association and Grievant.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Section 1 A grievance is defined as a complaint by an employee or a group of employees based on alleged violation, misinterpretation or unequal application of the provisions of this agreement. a. No employee or group of employees may refuse to follow direction pending the outcome of a grievance. Employees in the unit will follow all directives, even if such directives are allegedly in conflict with the provisions of this contract. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. b. Nothing in this Article or elsewhere in this agreement shall be construed to permit the Union to process a grievance on behalf of any employee without his consent. c. An employee covered by this Agreement shall have the right to be represented, or refrain from exercising the right to be represented in the determination of grievances arising under the terms and conditions of employment covered by this Agreement. If an employee desires Union representation in presenting a written grievance, he shall not be required to discuss the written grievance, if a Union representative is not present. Nothing in this section shall be construed to prevent any employee from presenting, at any time, his own grievances, and having such grievances adjusted without the intervention of the bargaining agent. The City will notify the Union of grievances that have been adjusted without Union representation and results thereof. d. One xxxxxxx or one Union officer shall be allowed reasonable time off without loss of pay during his regular shift hours for investigating, presenting, and appealing grievances up to and including Step 3 of this procedure. The performance of this function by the CWA representative shall in no way interrupt the normal functioning of the department. The Union agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The City and the Union agree that maintenance of superior service and adherence to schedules are compelling commitments which may at times create delays and necessitate postponements which will automatically extend the time limits for the duration of the postponement. The xxxxxxx will provide advance notice to supervision to allow planning arrangements to enable the representative time for investigative activity. When a xxxxxxx desires to contact an employee who has a complaint, he shall first obtain oral permission from his supervisor and the aggrieved employee's supervisor. If permission must be denied at that particular time, the xxxxxxx will be informed of the reason for the denial and when he can reasonably expect to contact the employee concerned. The xxxxxxx will notify his supervisor upon his return to work. e. It is the intent of this Article to provide a means for the reasonable settlement of disputes that arise under this Agreement between an employee and the City. All employees and supervisory personnel should, however, make every possible effort to settle differences at the lowest possible step outlined in this article. f. All employees covered by this Agreement shall have the right to a fair and equitable grievance procedure. An employee cannot use both the grievance procedure outlined in the City Personnel Rules and Regulations (Personnel Advisory Board) and the grievance procedure in this Agreement. A separate and distinct grievance form shall be provided for each procedure. g. A grievance may be submitted under this procedure as a general or class grievance when the grievance is general in nature in that it applies to a number of employees who have the same issue to be decided. A Union class grievance shall be defined as an alleged violation or dispute over presented directly to Step 2 to the interpretation or application Department Director within the time limits provided for the submission of any specific provision(s) of this Agreement The term working days shall refer a Step 1 grievance. A decision on such grievances applies to days Monday through Fridayall employees in the group, excluding County Commission designated holidaysand no individual employee may then initiate the same grievance. h. Any employer grievance will be filed with the local Union President at Step 3. Members If the disposition of the bargaining unitgrievance is not satisfactory to the City, Union Stewards on behalf the City may at its option bring the matter to arbitration. i. Grievances arising at a level other than the employee's immediate supervisor shall be filed at the lowest appropriate step of bargaining unit members or the Local Uniongrievance procedure and shall be processed as provided for in this Article. An employee grieving a disciplinary action that has been reviewed by the department director in a predisciplinary hearing, as provided in the Personnel Rules and Regulations, may file grievances under this Articlea grievance directly at Step 3. j. A grievance not submitted within the time limits as prescribed for every step shall be considered untimely and deemed null and void. If A grievance not answered within the grievant does not adhere time limits prescribed for the appropriate management representative at each step shall entitle the employee or the Union to advance the grievance procedure time limits set forth below, the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance Time limits at any steps of the procedure time limits may only be extended by written mutual written agreement. In consent of the event parties. k. The parties will cooperate in the investigation of any grievance, providing all pertinent information necessary for the processing of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as an alleged violation or dispute over the interpretation or application of any specific provision(s) of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. 17.01 Members of the bargaining unit, Union Stewards on behalf of bargaining unit members or will follow all written and verbal orders given by supervisors even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the Local Union, may right to file grievances under this Article. If the grievant does not adhere to the grievance procedure time limits set forth below, the grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond to the a grievance within the grievance procedure time limits set forth belowcontained herein, nor shall compliance affect the ultimate resolution of the grievance. 17.02 For the positions covered under this Agreement, a grievance shall is a claimed violation of this Agreement and/or Orange County Personnel Policy Manual, Rules and Regulations, Administrative Regulations, Departmental SOP's, or any other county or departmental policy which govern the members of this unit. No grievance will or need be advanced to entertained or processed unless prepared in writing in the next stepmanner described herein and unless filed in the manner provided herein within the time limit prescribed herein. Grievance procedure time limits A grievance may only be extended filed by mutual written agreementa bargaining unit employee and/or by the Union. In the event of that the Union files a timeliness disputeseparate grievance on the same or related issue, which gave rise to the only proof of an agreed original grievance, all related grievances must be consolidated for review. Union grievances shall be automatically handled at Step 2 by the Fire Chief or designee. The grievant and Management may agree to extension is a written agreementwaive Step 1 in any grievance. Any grievance presented Grievances are limited to claims as defined above. The County need not entertain or process under this Article and may refuse to entertain or process any dispute, claim or complaint or other matter not meeting this definition. Grievances regarding oral warnings may not be advanced beyond Step 2. 17.03 Grievances will be processed in the following manner on a County-approved Grievance Form and strictly in accordance with the following stated time limits. An employee must first discuss a grievance with the employee's immediate Battalion Chief or Manager. If the grievance is not resolved by the Battalion Chief, Fire Official, or Division Manager of Communication Services, the aggrieved employee may then proceed to Step 1. 17.04 An aggrieved employee or the Union shall present the fully completed grievance form in writing to Fire Rescue Department Employee Services by facsimile, e-mail, or hand delivery within ten (10) business days of knowledge of the occurrence which gave rise to the grievance on the prescribed grievance forms, which shall be standard forms used throughout the grievance procedure. If the grievance is transmitted by facsimile, the grievant must simultaneously forward the original hard copy by inter-office mail or e-mail. Upon receipt of the grievance Employee Services shall forward a copy of the grievance to the County Human Resources Division. In the event a grievance is filed by an individual bargaining unit member without Union involvement, Employee Services shall immediately forward a copy of the grievance to the Union office. The Union may, with the employee's concurrence, within ten (10) business days of the County's receipt of the original grievance, amend the original grievance and file the amended grievance with Employee Services. Employee Services will notify the Division Manager who will meet with the grievant and the Union within ten (10) business days. The Division Manager will make a decision and communicate it in writing on a standardized grievance form and shall contain the name and address of to the grievant, the nature Union, and the County Human Resources Division on the prescribed form within ten (10) business days from the date the grievance was heard by the Division Manager. Any extensions must be submitted to Fire Rescue Department Employee Services. 17.05 If the grievance has not been resolved with finality at Step 1, the aggrieved employee or Union may within ten (10) business days following the receipt of the written answer in Step 1 advance the Grievance to Step 2 by signing the form stating its desire with Fire Rescue Employee Services. The Fire Chief or designee shall schedule a meeting with the grievant within ten (10) business days of receipt of the written grievance. The grievant may be accompanied at this meeting by a Union representative. The Fire Chief or designee will notify the employee, the Union, and the County's Human Resources Division of the decision in writing within ten (10) business days after the Step 2 meeting. 17.06 If the grievance is not fully resolved at the second step, the aggrieved employee or Union may sign the original written grievance indicating its desire to advance to Step 3. Fire Rescue Employee Services will forward the original grievance to the County's Human Resources Division within ten (10) business days of receipt of the written answer provided in Step 2. Grievances regarding oral warnings shall not proceed to Step 3. For terminations, the Grievance Adjustment Board shall consist of the Deputy County Administrator or designee, the Union President or designee, and one other supervisory employee of the Orange County Fire/Rescue Department outside the bargaining unit and designated by the County's Human Resources Division. For all other grievances, the Grievance Adjustment Board shall consist of a Department Director or Deputy Director or designee, the Union President or designee, and a supervisory employee of the Orange County Fire/Rescue Department outside the bargaining unit and designated by the County's Human Resources Division. Within ten (10) business days, the Department shall schedule a hearing to be held promptly by the Grievance Adjustment Board. The majority decision of the Grievance Adjustment Board shall be determinative of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom County shall notify the County and the Union mutually agree are necessary to the resolution aggrieved employee in writing of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending Board's decision within ten (10) business days following the meeting. When Any information that was not available at Step 1 or Step 2 which might help resolve the grievance may then be submitted by the grievant, management, or the Union refuses to process a for consideration. 17.07 If any grievance for an employee because of is not resolved by the employee's non- membership in foregoing grievance procedure, the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:within ten

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as a dispute arising under this Agreement between an alleged violation aggrieved employee (hereinafter “Grievant”) or dispute over the Association and the Employer with respect to the interpretation or application of any specific provision(s) the provisions of this Agreement. All grievances shall be adjusted by and between the parties in the manner herein provided, with the exception that arbitration shall only be available for grievances filed during the life of this Agreement. The time limits specified herein are mandatory unless extended by a written and signed Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of between the bargaining unit, Union Stewards on behalf of bargaining unit members or Employer and the Local Union, may file grievances under this ArticleAssociation. If the grievant Grievant or the Association does not adhere to file a grievance within the specified time limits, the grievance procedure is forfeited. If the Grievant or the Association fails to process the grievance at any step within the specified time limits set forth belowlimits, the grievance shall be deemed to have been abandoned withdrawn and considered untimelymay not be refiled. If the County does not respond Employer’s representative fails to the answer a grievance within the grievance procedure specified time limits set forth belowlimits, the grievance shall be deemed denied and automatically advanced to the next stepstep of the Grievance Procedure, except to Step Three, Arbitration, as noted below. Grievance procedure time limits may only The Grievant and, as hereinafter provided, an Association Representative will be extended by mutual written agreementreleased from their jobs without loss of pay or benefits to participate in meetings conducted with the Employer’s representatives. In the event Any resolution or forfeiture of a timeliness disputegrievance shall be final and binding upon the Grievant, the only proof Association and the Employer, and shall not be subject to further review. The resolution of an agreed to extension is a written agreementgrievance shall not add to, subtract from or modify the terms of this Agreement. Any grievance presented under this Article based upon the suspension or discharge of an employee shall be in writing on a standardized grievance form filed with the Assistant Superintendent for Human Resources and shall contain the name and address Legal Services (or other designated representative of the grievant, Employer) at Step Two within ten (10) workdays following the nature beginning of the grievance, the acts giving rise to the grievance and specific provisions suspension or discharge. For purposes of this Agreement allegedly violatedArticle, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any a workday is a day other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwisethan Saturday, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process Sunday or a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under holiday recognized by this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:.

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A The Authority and the Alliance agree that discussions should between employees, the Alliance representatives and Authority representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, the Alliance representatives andAuthority representativesincludingthe President and CEO. Where discussions, relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days. An employee shall first attempt to resolve any difference with supervisor before initiating discussions with or submitting the issue to the next level of management. If any difference the interpretation,application, operation or any alleged violation of the Agreement arises between the Airport Authority and or the Union, or between the and the Airport Authority, it shall be defined as an alleged violation or dispute over processed according to the interpretation or application following grievance procedure. Nothing in this provision deprives of any specific provision(s) rights or remedies to which they are entitled in any legislation including the transfer legislation. Grievancesinvolvingthe interpretation,application, operation or any allegedviolation of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members the agreement must have the approval and support of the bargaining unitagent. The time limits set out in the grievance procedure are mandatory and not directory. calculatingtime limits, Union Stewards on behalf of bargaining unit members or the Local UnionSaturdays, may file grievances under this ArticleSundays, and holidays shall be excluded. If the grievant does not adhere to time limits set out in Complaint Step, Step or Step of the grievance procedure are not complied with by the Union.then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits. Should the Employer fail to respond within the time limits set forth belowprovided for in this Article, the grievance grievances shall be deemed to have been abandoned and considered untimelybe allowed. If the County does not respond to the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration be representedat any step of the grievance unless procedure. The and the law requires otherwise, in which event, union representativeshall be given leavewith pay to attend such meetings. At either Complaint Step or Step the employee Airport Authority representative may be assisted by a Human Resource representative. The Union shall be given full opportunity to present evidence and make representationsthroughout the grievance procedure. The shall be advised of their right to have all the rights and assume all the burdens, limitations and obligations, including financial obligations a union representativepresentat any disciplinary meeting or at any meeting held with bargaining unit to investigate alleged of the Union under this Article The Airport Authority shall post the names and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:titles of the appropriate designatedAirport Authority representatives.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance ‌ Section 1. No employee with permanent status shall be defined removed, dismissed, discharged, suspended, fined, reduced in rank, or disciplined in any other manner except for just cause. The Chief of Department or designee may temporarily remove from duty with no loss of pay, any personnel who are in conflict with one another or grossly insubordinate pending investigation of the allegations. Should any employee or group of employees feel aggrieved because they feel that disciplinary action was taken without just cause, or should an employee or group of employees feel aggrieved concerning wages, hours, or a condition as an alleged violation controlled by this Contract or dispute over by any statute, charter provision, ordinance, rule, regulation, or policy which is not in conflict with this Agreement, or should any employee or group of employees feel aggrieved concerning any matter affecting his/her or their health or safety, adjustment shall be sought as follows: STEP 1. The Union shall submit such grievance in writing to the interpretation or application Fire Chief within ten (10) business days of any specific the event giving rise to the complaint. The written grievance should contain a complete statement of the facts, the provision(s) of this Agreement Contract or work rules which the City is alleged to have violated and the relief requested. The term working days Fire Chief shall refer to days Monday through Friday, excluding County Commission designated holidays. Members hold a meeting with the Grievance Committee of the bargaining unitUnion within ten (10) business days of the receipt of such grievance. The Fire Chief shall give his/her written response to the Union within ten (10) business days of this meeting. STEP 2. In the event that the Union is dissatisfied with the action of the Fire Chief, Union Stewards it may within ten (10) business days after notice of the decision of the Fire Chief, present such grievance in writing to the Human Resources Director. Within ten (10) business days after said Human Resources Director received such grievance, the Human Resources Director shall fix a date for a meeting with the Union’s Grievance Committee for the purpose of attempting to resolve such grievance. Within ten (10) business days after such meeting, the Human Resources Director shall render a written decision on behalf of bargaining unit members or the Local Union, may file grievances under this Articlesuch grievance. STEP 3. If the grievant does such grievance is not adhere resolved to the grievance procedure time limits set forth belowsatisfaction of the Union by the Human Resources Director, the Union may, within ten (10) business days thereafter, submit the grievance to arbitration by the Connecticut State Board of Mediation and Arbitration. Said Board shall hear and act on such grievance in accordance with its rules and render a decision which shall be deemed to have been abandoned final and considered untimelybinding on all parties. Section 2. If Any time limit specified in this Article except for the County does not respond to the initial filing of a grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In the event agreement of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, Local 892 and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwiseCity, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process provided that if a grievance for an employee because of the employee's non- membership in the Union, the employee is not submitted by Section 3. It is expressly understood that all employees who believe they are aggrieved shall have the right to process file a grievance under this Agreement, but canas specified above. It is further expressly understood that the City will entertain no grievance which is not require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with filed as expeditiously as possible, grievances shall be processed as follows:outlined above.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A The Authority and agree that discussions should occur between employees, and Authority representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, representatives, and Authority representatives. Where discussions relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days. If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Authority and or or between the and the Authority, it shall be defined as an processed according to following grievance procedure. Nothing in this provision deprives of any rights or remedies to which they are entitled in any legislation including the transfer legislation. Grievances involving the interpretation, application, operation or any alleged violation or dispute over of the interpretation or application of any specific provision(s) of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members agreement must have the approval and support of the bargaining unitagent. The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Union Stewards on behalf of bargaining unit members or the Local UnionSaturdays, may file grievances under this ArticleSundays, and holidays shall be excluded. If the grievant does not adhere to time limits set out in Complaint Step, Step or Step of the grievance procedure time limits set forth beloware not complied with, then the grievance shall will be deemed considered as being abandoned, unless the parties have mutually agreed, in writing, to have been abandoned and considered untimelyextend the time limits. If the County does not respond Authority fails to meet a time limit, at its option, may either advance the grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next stepstep or await the Authority's response, in which case no time limit shall apply against it has received the Authority's response. Grievance procedure time limits may only be extended by mutual written agreement. In If the event of a timeliness dispute, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form and shall contain the name and address of the grievant, the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process Authority submits a grievance for an employee because of the employee's non- membership in the Union, the employee accordance with Article these provisions apply equally to shall have the right to process a grievance under this Agreement, but cannot require arbitration be represented at any step of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights procedure. The and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances representative shall be processed as follows:given leave with pay to prepare for and attend such meetings. shall be given full opportunity to present evidence and make representations throughout the grievance procedure.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance Section 1. No employee with permanent status shall be defined removed, dismissed, discharged, suspended, fined, reduced in rank, or disciplined in any other manner except for just cause. The Chief of Department or designee may temporarily remove from duty with no loss of pay, any personnel who are in conflict with one another or grossly insubordinate pending investigation of the allegations. Should any employee or group of employees feel aggrieved because they feel that disciplinary action was taken without just cause, or should an employee or group of employees feel aggrieved concerning wages, hours, or a condition as an alleged violation controlled by this Contract or dispute over by any statute, charter provision, ordinance, rule, regulation, or policy which is not in conflict with this Agreement, or should any employee or group of employees feel aggrieved concerning any matter affecting his/her or their health or safety, adjustment shall be sought as follows: STEP 1. The Union shall submit such grievance in writing to the interpretation or application Fire Chief within ten (10) business days of any specific the event giving rise to the complaint. The written grievance should contain a complete statement of the facts, the provision(s) of this Agreement Contract or work rules which the City is alleged to have violated and the relief requested. The term working days Fire Chief shall refer to days Monday through Friday, excluding County Commission designated holidays. Members hold a meeting with the Grievance Committee of the bargaining unitUnion within ten (10) business days of the receipt of such grievance. The Fire Chief shall give his/her written response to the Union within ten (10) business days of this meeting. STEP 2. In the event that the Union is dissatisfied with the action of the Fire Chief, Union Stewards it may within ten (10) business days after notice of the decision of the Fire Chief, present such grievance in writing to the Human Resources Director. Within ten (10) business days after said Human Resources Director received such grievance, the Human Resources Director shall fix a date for a meeting with the Union’s Grievance Committee for the purpose of attempting to resolve such grievance. Within ten (10) business days after such meeting, the Human Resources Director shall render a written decision on behalf of bargaining unit members or the Local Union, may file grievances under this Articlesuch grievance. STEP 3. If the grievant does such grievance is not adhere resolved to the grievance procedure time limits set forth belowsatisfaction of the Union by the Human Resources Director, the Union may, within ten (10) business days thereafter, submit the grievance to arbitration by the Connecticut State Board of Mediation and Arbitration. Said Board shall hear and act on such grievance in accordance with its rules and render a decision which shall be deemed to have been abandoned final and considered untimelybinding on all parties. Section 2. If Any time limit specified in this Article except for the County does not respond to the initial filing of a grievance within the grievance procedure time limits set forth below, the grievance shall be advanced to the next step. Grievance procedure time limits may only be extended by mutual written agreement. In agreement of Local 892 and the event of City, provided that if a timeliness disputegrievance is not submitted by Local 892 to a higher step in the above procedure, the only proof of an agreed to extension is a written agreement. Any grievance presented under this Article it shall be in writing deemed settled on a standardized grievance form and shall contain the name and address basis of the grievant, answer in the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requestedlast step considered. Section 3. Grievance meetings conducted under this Article It is expressly understood that all employees who believe they are aggrieved shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of the grievance shall suffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the parties shall be responsible for the compensation of their representatives attending the meeting. When the Union refuses to process file a grievance for an employee because of as specified above. It is further expressly understood that the employee's non- membership in the Union, the employee shall have the right to process a City will entertain no grievance under this Agreement, but canwhich is not require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with filed as expeditiously as possible, grievances shall be processed as follows:outlined above.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A grievance shall be defined as an alleged violation A. The purpose of this Article is to establish a procedure for the orderly adjustment of grievances and for settlement of disputes between the Employer and employees or dispute over groups of employees involving the interpretation or application of any specific provision(s) this Agreement. B. The City has a Personnel Management System Grievance and Appeal Procedure for matters not involving this Agreement. Classified employees shall have the option of this Agreement The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of using the bargaining unit, Union Stewards on behalf of bargaining unit members City Appeal Procedure or the Local Union, may file grievances Grievance Procedure established under this Article, but such employees cannot use both for the same grievance. Initial probationary employees do not have grievance rights for disciplinary actions up to and including termination for misconduct or work performance and therefore cannot use either the City or the contractual grievance procedure. C. Classified employees may file and process grievances with or without the assistance of the Union, provided they comply with the appropriate time limits and other conditions necessary in filing the grievances. If an employee chooses to process his own grievance he will be responsible for all costs incurred, which might otherwise be paid by the grievant does not adhere to Union. All grievances shall be submitted at Step 1 except for class grievances, Employer grievances, and contract interpretation grievances. In submitting a class grievance, which is non-disciplinary in nature and affects more than one employee regarding the grievance procedure time limits set forth belowsame subject, the Union shall follow the same procedures listed in Article 5.2 below for non-class employee grievances except that the class grievance shall be deemed to have been abandoned and considered untimely. If the County does not respond initially submitted at Step 2 to the Labor Relations Office. All Employer grievances will be filed with the Union President at Step 2. Grievances arising from the interpretation of contract provisions shall also be submitted at Step 2. D. A grievance not submitted within the time limits as prescribed for every step shall be considered untimely and deemed null and void. A grievance not appealed to the next step within the time limits established by this grievance procedure shall be considered settled on the basis of the last answer provided by Management. A grievance not answered within the time limits set forth below, prescribed for the appropriate Management representative at each step shall entitle the employee to advance the grievance shall be advanced to the next step. Grievance procedure The time limits prescribed herein may only be extended by mutual request from either of the parties. Extensions of more than thirty (30) calendar days require the consent of both parties. E. The requirements in Steps 1 and 2 below for written agreement. In grievances and answers shall not preclude the event of a timeliness disputeaggrieved employee, the only proof Union, if applicable, and the appropriate Management representatives from verbally discussing and resolving the grievance. Verbal discussions up through Step 2 shall not cause the aggrieved employee and the Union representative, if applicable, to suffer any loss of an agreed to extension is a written agreement. Any grievance presented under this Article shall be in writing on a standardized grievance form pay and shall contain the name and address of the grievant, the nature of normally be held during regular working hours. Time spent during off-duty hours working on matters related to the grievance, including resolution, shall not be counted as time worked. F. In advancing grievances, the acts giving rise to employee, the grievance and specific provisions of this Agreement allegedly violatedUnion representative, if applicable, and the remedy requestedEmployer may call a reasonable number of witnesses to offer testimony from direct knowledge only. Grievance meetings conducted under this Article shall be held at times mutually agreeable to the County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree Witnesses who are necessary to the resolution of the grievance employees shall suffer no loss of pay for or benefits while serving as witnesses in Steps 1 through 2 and shall be excused to testify during working hours provided such absence from their places of work in no way interrupts, delays, or otherwise interferes with proper and effective service to the community. Time spent during off-duty hours attending or testifying on behalf of a grievant shall not be counted as time worked. Employees ordered to attend proceedings to testify on behalf of the City will be placed on duty and paid in accordance with Article 21 of this Agreement if attendance falls outside of their normally scheduled work hours. G. In Steps 1 and 2 below, time spent by Union representatives on their duty days in discussing or processing grievances as provided in this Article shall not result in a loss of earnings or benefits. However, time spent during off-duty hours lost while attending grievance meetings; otherwisediscussing or processing grievances on behalf of a grievant up to and through arbitration, shall not be counted as time worked. H. Union representatives shall be allowed reasonable time off without loss of pay during their regular shift hours for investigating, presenting, and appealing Step 1 and Step 2 grievances. Consistent with the above provisions, the parties shall be responsible time spent during off-duty hours for the compensation benefit of their representatives attending the meetinggrievant shall not be considered as time worked. When The performance of this function by the Union refuses to process representative shall in no way interrupt the normal functioning of a grievance for an employee because department. I. Employees will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's non- membership in the Union, the employee shall have the right to process file a grievance under this Agreement, but cannot require arbitration within the time limits contained herein nor shall compliance affect the ultimate resolution of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of the Union under this Article and any other Article that may apply to his/her grievance. Recognizing that grievances should be dealt with as expeditiously as possible, grievances shall be processed as follows:No employee or group of employees may refuse to follow directions pending the outcome of a grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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