Common use of Grievance and Complaint Policy Clause in Contracts

Grievance and Complaint Policy. A grievance is a complaint by one or more employees concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours, and/or working conditions, provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions, and removals are subject to the procedures outlined in the Santa Xxxxxx Municipal Code. Employees shall be afforded all due process rights provided by applicable law. The rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and City Charter. Step 1. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice, or procedure that is the subject of the grievance and the circumstances giving rise to the grievance within 30 days of the event giving rise to the grievance. Step 2. If the grievance is not resolved by the end of the employee's third regularly scheduled day following the day on which presentation of the grievance to the immediate supervisor occurred, the employee may, within five regularly scheduled days thereafter, appeal to the second level supervisor, if any. Step 3. If the grievance is not resolved by the end of the employee's fifth regularly scheduled day following presentation of the grievance to the second level supervisor, if any, the employee may, within five regularly scheduled days appeal to the Department Head. The Department Head shall meet with the employee and the employee's representative to attempt to resolve the grievance. Step 4. If the grievance is not resolved by the end of the employee's tenth regularly scheduled day following presentation of the grievance to the Department Head, the employee may, within five days, appeal to the Human Resources Director, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the thirtieth day following presentation of the grievance to the Human Resources Director. It is mutually understood and agreed that: A. Written reprimands are not grievable beyond the Department Director. The employee may also attach a rebuttal to the written reprimand before it is included in his/her personnel file. B. All time periods in this section may be extended by mutual consent of the employee and the management representative involved. C. A grievance is considered untimely if not presented by the employee or STA within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. D. Employees have the right to be represented in grievance matters in the following manner: (1) Employees have the right to represent themselves individually in grievance matters. (2) Employees may designate a member of the Department or of STA to represent them in grievance matters at Steps 1 and 2 of the grievance process. (3) Employees may designate a member of the Department, an STA representative, or a legal representative to represent them in Steps 3 and 4 of the procedure. (4) For the purposes of this section, “days” shall mean regularly scheduled work days of the employees in the affected department or division. (5) Reasonable time off without loss of pay or benefits shall be given to a grievant or STA grievance representative to investigate or process grievances, and to witnesses in any grievance hearing or meeting held during working hours. Before performing any grievance work, STA representatives, the grievant, or witness shall obtain permission from the immediate supervisor and shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the supervisor determines that such interruption or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off when requested, time off must be granted within 24 hours of such request. E. An employee who has initiated a grievance, or assisted another employee in initiating or processing a grievance, shall not in any way be coerced, intimidated, discriminated, or retaliated against.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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Grievance and Complaint Policy. A grievance is a complaint by one or more employees concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's ’s wages, hours, and/or hours or working conditions, provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions, and removals are subject to the procedures outlined in the Santa Xxxxxx Municipal Code, and that complaints regarding performance evaluations are subject to the procedures set forth in Section 6.04 of this Agreement. Employees The City agrees that employees shall be afforded all due process rights provided by under applicable law. The MTA agrees that the rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and or City Charter. Step 1. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice, or procedure that is the subject of the grievance and the circumstances giving rise to the grievance within 30 days of the event giving rise to the grievance. Step 2. If the grievance is not resolved by the end of the employee's ’s third regularly scheduled work day following the day on which presentation of the grievance to the immediate supervisor occurred, the employee may, within five regularly scheduled days thereafterwork days, thereafter appeal to the second level supervisor, if any. Step 3. If the grievance is not resolved by the end of the employee's ’s fifth regularly scheduled work day following presentation of the grievance to the second level supervisor, if any, the employee may, within five regularly scheduled days work days, appeal to the Department Head. The Department Head shall meet with the employee and the employee's representative ’s representative, if any, to attempt to resolve the grievance. Step 4. If the grievance is not resolved by the end of the employee's ’s tenth regularly scheduled work day following presentation of the grievance to the Department Head, the employee may, within five days, appeal to the Director of Human Resources DirectorResources, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the thirtieth day following presentation of the grievance to by the Director of Human Resources DirectorResources. It is mutually understood and agreed that: A. Written reprimands are not grievable beyond the Department Director. The employee may also attach a rebuttal to the written reprimand before it is included in his/her personnel file. B. All time periods in this section Section may be extended by mutual consent of the employee and the management representative involved. C. B. A grievance is shall be considered untimely if not presented by the employee or STA MTA within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. D. C. Employees have the right to be represented in grievance matters in the following manner: (1) Employees have the right to represent themselves individually in grievance matters. (2) Employees may designate a member of the Department department or of STA MTA to represent them in grievance matters at Steps Step 1 and Step 2 of the grievance process. (3) Employees may designate a member of the Departmentdepartment, an STA MTA representative, or a legal representative to represent them in Steps at Step 3 and Step 4 of the proceduregrievance process. (4) For the purposes of this section, “days” shall mean regularly scheduled work days of the employees in the affected department or division. (5) Reasonable time off without loss of pay or benefits shall be given to a grievant or STA MTA grievance representative to investigate or process grievances, and to witnesses in any grievance hearing or meeting held during working hours. Before performing any grievance work, STA MTA representatives, the grievant, or witness shall obtain permission from the immediate supervisor and shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the supervisor determines that such interruption or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off when requested, time off must be granted within 24 hours of such request. E. An X. Xx employee who has initiated a grievance, or assisted another employee in initiating or processing a grievance, shall not in any way be coerced, intimidated, discriminated, intimidated or retaliated discriminated against.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievance and Complaint Policy. A grievance is a complaint by one Any grievances, disputes, or more employees disagreements arise concerning the interpretation or application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting terms of this MOU -- with the employee's wages, hours, and/or working conditions, provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions, and removals are subject to the procedures outlined exception of those complaints covered in the Santa Xxxxxx Municipal Code. Employees Section 5.03 (Performance Evaluations) -- shall be afforded all due process rights provided by applicable law. The rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and City Charter.resolved as follows: Step 1. The aggrieved employee(s) shall is encouraged to meet with the immediate supervisor regarding to discuss the grievance, which must problem in an effort to clarify the problem and to work cooperatively toward a settlement. Step 2. If the matter cannot be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice, or procedure that is the subject of the grievance and the circumstances giving rise to the grievance satisfactorily resolved within 30 days of the event giving rise to the grievance. Step 2. If grievance (or within 30 days of the time that the employee learned of the event), the employee may submit the grievance is not resolved by in writing to the end City Attorney, stating the nature of the employee's third regularly scheduled day grievance, the specific MOU provision alleged to be violated, and the desired solution. The City Attorney shall meet with the grievant within five working days following the day on which presentation of the grievance grievance. Within five working days following such meeting, the City Attorney shall give a written decision to the immediate supervisor occurred, the employee may, within five regularly scheduled days thereafter, appeal to the second level supervisor, if anygrievant. Step 3. If the grievance is not resolved by the end of the employee's fifth regularly scheduled day following presentation of the grievance to the second level supervisor, if any, the employee mayat Step 2, within five regularly scheduled working days appeal the parties shall consider submitting said grievance to mediation as provided by the Department Head. The Department Head shall meet with the City’s employer-employee and the employee's representative to attempt to resolve the grievance. Step 4relations rules. If the grievance is either party cannot resolved by the end of the employee's tenth regularly scheduled day following presentation of the grievance agree to the Department Head, the employee maymediation, within five daysworking days the parties shall then select a three-member grievance board made up of one representative from PALSSU, appeal to one representative from management, and a member of the Human Resources Director, State Mediation and Conciliation Service who will investigate the grievance and make recommendations to the City Manager, whose decision shall be finalalso act as chairperson. The decision of the City Manager grievance board shall be issued no later than binding subject to the end approval of the thirtieth day following presentation of the grievance to the Human Resources DirectorCity Council. It is mutually understood and agreed that: A. Written reprimands are not grievable beyond the Department Director. The employee may also attach a rebuttal to the written reprimand before it is included in his/her personnel file. B. All time periods in this section Section may be extended by mutual consent of the employee and the management representative involved. C. A grievance is considered untimely if not presented by the employee or STA within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. D. Employees have the right to be represented in grievance matters in the following manner: (1) B. Employees have the right to represent themselves individually in grievance matters, or to be accompanied by a PALSSU representative. (2) Employees may designate a member of the Department or of STA to represent them in grievance matters at Steps 1 and 2 of the grievance process. (3) Employees may designate a member of the Department, an STA representative, or a legal representative to represent them in Steps 3 and 4 of the procedure. (4) For the purposes of this section, “days” shall mean regularly scheduled work days of the employees in the affected department or division. (5) C. Reasonable time off without loss of pay or benefits shall be given to a grievant or STA grievance PALSSU representative to investigate or and process grievances, and to witnesses in any grievance meeting or hearing or meeting held during working hours. Before performing any grievance work, STA representatives, the grievant, or witness shall obtain permission from the immediate supervisor and shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the supervisor determines that such interruption or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off when requested, time off must be granted within 24 hours of such request. E. An employee who has initiated a grievance, or assisted another employee in initiating or processing a grievance, shall not in any way be coerced, intimidated, discriminated, or retaliated against.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievance and Complaint Policy. A grievance is a complaint by one or more employees concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours, and/or working conditions, provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions, and removals are subject to the procedures outlined in the Santa Xxxxxx Municipal Code. Employees shall be afforded all due process rights provided by applicable law. The rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and City Charter. Step 1. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice, or procedure that is the subject of the grievance and the circumstances giving rise to the grievance within 30 days of the event giving rise to the grievance. Step 2. If the grievance is not resolved by the end of the employee's third regularly scheduled day following the day on which presentation of the grievance to the immediate supervisor occurred, the employee may, within five regularly scheduled days thereafter, appeal to the second level supervisor, if any. Step 3. If the grievance is not resolved by the end of the employee's fifth regularly scheduled day following presentation of the grievance to the second level supervisor, if any, the employee may, within five regularly scheduled days appeal to the Department Head. The Department Head shall meet with the employee and the employee's representative to attempt to resolve the grievance. Step 4. If the grievance is not resolved by the end of the employee's tenth regularly scheduled day following presentation of the grievance to the Department Head, the employee may, within five days, appeal to the Human Resources Director, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the thirtieth day following presentation of the grievance to the Human Resources Director. It is mutually understood and agreed that: A. Written reprimands are not grievable beyond the Department Director. The employee may also attach a rebuttal to the written reprimand before it is included in his/her personnel file. B. All time periods in this section may be extended by mutual consent of the employee and the management representative involved. C. A grievance is considered untimely if not presented by the employee or STA within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. D. Employees have the right to be represented in grievance matters in the following manner: (1) Employees have the right to represent themselves individually in grievance matters. (2) Employees may designate a member of the Department or of STA to represent them in grievance matters at Steps 1 and 2 of the grievance process. (3) Employees may designate a member of the Department, an STA representative, or a legal representative to represent them in Steps 3 and 4 of the procedure. (4) For the purposes of this section, “days” shall mean regularly scheduled work days workdays of the employees in the affected department or division. (5) Reasonable time off without loss of pay or benefits shall be given to a grievant or STA grievance representative to investigate or process grievances, and to witnesses in any grievance hearing or meeting held during working hours. Before performing any grievance work, STA representatives, the grievant, or witness shall obtain permission from the immediate supervisor and shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the supervisor determines that such interruption or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off when requested, time off must be granted within 24 hours of such request. E. An employee who has initiated a grievance, grievance or assisted another employee in initiating or processing a grievance, shall not in any way be coerced, intimidated, discriminated, or retaliated against.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievance and Complaint Policy. A grievance is a complaint by one or more employees concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's ’s wages, hours, and/or hours or working conditions, provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions, and removals are subject to the procedures outlined in the Santa Xxxxxx Municipal Code, and that complaints regarding performance evaluations are subject to the procedures set forth in Section 6.04 of this Agreement. Employees The City agrees that employees shall be afforded all due process rights provided by under applicable law. The AFSCME agrees that the rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and or City Charter. Step 1. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice, or procedure that is the subject of the grievance and the circumstances giving rise to the grievance within 30 days of the event giving rise to the grievance. Step 2. If the grievance is not resolved by the end of the employee's ’s third regularly scheduled work day following the day on which presentation of the grievance to the immediate supervisor occurred, the employee may, within five regularly scheduled days thereafterwork days, thereafter appeal to the second level supervisor, if any. Step 3. If the grievance is not resolved by the end of the employee's ’s fifth regularly scheduled work day following presentation of the grievance to the second level supervisor, if any, the employee may, within five regularly scheduled days work days, appeal to the Department Head. The Department Head shall meet with the employee and the employee's representative ’s representative, if any, to attempt to resolve the grievance. Step 4. If the grievance is not resolved by the end of the employee's ’s tenth regularly scheduled work day following presentation of the grievance to the Department Head, the employee may, within five days, appeal to the Director of Human Resources DirectorResources, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the thirtieth day following presentation of the grievance to by the Director of Human Resources DirectorResources. It is mutually understood and agreed that: A. Written reprimands are not grievable beyond the Department Director. The employee may also attach a rebuttal to the written reprimand before it is included in his/her personnel file. B. All time periods in this section Section may be extended by mutual consent of the employee and the management representative involved. C. B. A grievance is shall be considered untimely if not presented by the employee or STA AFSCME within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. D. C. Employees have the right to be represented in grievance matters in the following manner: (1) . Employees have the right to represent themselves individually in grievance matters. (2) . Employees may designate a member of the Department department or of STA AFSCME to represent them in grievance matters at Steps Step 1 and Step 2 of the grievance process. (3) . Employees may designate a member of the Departmentdepartment, an STA AFSCME representative, or a legal representative to represent them in Steps at Step 3 and Step 4 of the proceduregrievance process. (4) . For the purposes of this section, “days” shall mean regularly scheduled work days of the employees in the affected department or division. (5) . Reasonable time off without loss of pay or benefits shall be given to a grievant or STA AFSCME grievance representative to investigate or process grievances, and to witnesses in any grievance hearing or meeting held during working hours. Before performing any grievance work, STA AFSCME representatives, the grievant, or witness shall obtain permission from the immediate supervisor and shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the supervisor determines that such interruption or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off when requested, time off must be granted within 24 hours of such request. E. An X. Xx employee who has initiated a grievance, or assisted another employee in initiating or processing a grievance, shall not in any way be coerced, intimidated, discriminated, intimidated or retaliated discriminated against.

Appears in 1 contract

Samples: Memorandum of Understanding

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Grievance and Complaint Policy. A grievance is a complaint by one or more employees concerning the application or interpretation of the MOU, ordinances, resolutionsresolution, policies, practices or procedures affecting the employee's ’s wages, hours, and/or hours or working conditions, ; provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions, demotions and removals are subject to the procedures outlined in the Santa Xxxxxx Municipal Code, and that complaints regarding Performance Evaluations are subject to the procedures set forth in Section 6.06 of this Agreement. Employees The City agrees that employees shall be afforded all due process rights provided by under applicable law. The SMART-TD agrees that the rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and City Charter. Step 1. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice, practice or procedure that is the subject of the grievance and the circumstances giving rise to the grievance grievance, within 30 calendar days of the event giving rise to the grievance. Step 2. If the grievance is not resolved by the end of the employee's third ’s fifth regularly scheduled work day following the day on which presentation of the grievance to the immediate supervisor occurred, the employee may, within five seven regularly scheduled work days thereafter, appeal to the second level supervisor, if any. Step 3. If the grievance is not resolved by the end of the employee's fifth ’s seventh regularly scheduled work day following presentation of the grievance to the second level supervisor, if any, the employee may, within five seven regularly scheduled days work days, appeal to the Department Headdepartment director. The Department Head department director shall meet with the employee and the employee's representative ’s representative, if any, to attempt to resolve the grievance. Step 4. If the grievance is not resolved by the end of the employee's tenth ’s twelfth regularly scheduled work day following presentation of the grievance to the Department Headdepartment director , the employee may, within five seven calendar days, appeal to the Human Resources Director, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the thirtieth forty-fifth day following presentation of the grievance to the Human Resources Director. It is mutually understood and agreed that: A. Written reprimands are not grievable beyond the Department Director. The employee may also attach a rebuttal to the written reprimand before it is included in his/her personnel file. B. All time periods in this section may be extended by mutual consent of the employee and the management representative involved. C. B. A grievance is shall be considered untimely if not presented by the employee or STA SMART-TD within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. D. C. Employees have the right to be represented in grievance matters in the following manner: (1) : Employees have the right to represent themselves individually in grievance matters. (2) . Employees may designate a member of the Department or of STA SMART-TD to represent them in grievance matters at Steps 1 Step One and Step 2 of the grievance process. (3) . Employees may designate a member of the Department, an STA a SMART-TD representative, or a legal representative to represent them in Steps Step 3 and Step 4 of the procedure. (4) . For the purposes of this sectionSection, “days” shall mean means regularly scheduled work days of the employees in the affected department or division. (5) employees. Reasonable time off without loss of pay or benefits shall be given to a grievant or STA SMART-TD grievance representative to investigate or process grievances, present grievances and to witnesses participate in any grievance hearing meetings or meeting hearings with management held during management’s working hours. Before performing any grievance work, STA representatives, the grievant, or witness shall obtain permission from the immediate supervisor and shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the supervisor determines that such interruption or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off when requested, time off must be granted within 24 hours of such request. E. D. An employee who has initiated a grievance, or assisted another employee in initiating or processing a grievance, shall not in any way be coerced, intimidated, discriminated, disciplined or otherwise retaliated against. E. Written reprimands are grievable only to the level of the department director.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievance and Complaint Policy. A grievance is a complaint by one or more employees concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's ’s wages, hours, and/or hours or working conditions, provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions, and removals are subject to the procedures outlined in the Santa Xxxxxx Municipal Code, and that complaints regarding performance evaluations are subject to the procedures set forth in Section 6.04 of this Agreement. Employees The City agrees that employees shall be afforded all due process rights provided by under applicable law. The AFSCME agrees that the rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and or City Charter. Step 1. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice, or procedure that is the subject of the grievance and the circumstances giving rise to the grievance within 30 days of the event giving rise to the grievance. Step 2. If the grievance is not resolved by the end of the employee's ’s third regularly scheduled day workday following the day on which presentation of the grievance to the immediate supervisor occurred, the employee may, within five regularly scheduled days workdays, thereafter, appeal to the second level supervisor, if any. Step 3. If the grievance is not resolved by the end of the employee's ’s fifth regularly scheduled day workday following presentation of the grievance to the second level supervisor, if any, the employee may, within five regularly scheduled days workdays, appeal to the Department Head. The Department Head shall meet with the employee and the employee's representative ’s representative, if any, to attempt to resolve the grievance. Step 4. If the grievance is not resolved by the end of the employee's ’s tenth regularly scheduled day workday following presentation of the grievance to the Department Head, the employee may, within five days, appeal to the Director of Human Resources DirectorResources, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the thirtieth day following presentation of the grievance to by the Director of Human Resources DirectorResources. It is mutually understood and agreed that: A. Written reprimands are not grievable beyond the Department Director. The employee may also attach a rebuttal to the written reprimand before it is included in his/her personnel file. B. All time periods in this section Section may be extended by mutual consent of the employee and the management representative involved. C. B. A grievance is shall be considered untimely if not presented by the employee or STA AFSCME within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. D. C. Employees have the right to be represented in grievance matters in the following manner: (1) Employees have the right to represent themselves individually in grievance matters. (2) Employees may designate a member of the Department department or of STA AFSCME to represent them in grievance matters at Steps Step 1 and Step 2 of the grievance process. (3) Employees may designate a member of the Departmentdepartment, an STA AFSCME representative, or a legal representative to represent them in Steps at Step 3 and Step 4 of the proceduregrievance process. (4) For the purposes of this section, “days” shall mean regularly scheduled work days of the employees in the affected department or division. (5) Reasonable time off without loss of pay or benefits shall be given to a grievant or STA AFSCME grievance representative to investigate or process grievances, and to witnesses in any grievance hearing or meeting held during working hours. Before performing any grievance work, STA AFSCME representatives, the grievant, or witness shall obtain permission from the immediate supervisor and shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the supervisor determines that such interruption or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off when requested, time off must be granted within 24 hours of such request. E. D. An employee who has initiated a grievance, grievance or assisted another employee in initiating or processing a grievance, shall not in any way be coerced, intimidated, discriminated, intimidated or retaliated discriminated against.

Appears in 1 contract

Samples: Memorandum of Understanding

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