Grievance/Arbitration Option Sample Clauses

Grievance/Arbitration Option. The Union may file a grievance as to a proposed disciplinary action (excluding oral and written reprimands) against a Member in accordance with Article 13 of this agreement, except that the grievance shall be filed at the first Step (Chief of Police) then at the third Step (arbitration) and the Arbitrator shall be selected within thirty (30) days of the election of the Grievance/Arbitration option and a decision by the Arbitrator shall be given within thirty (30) days following the conclusion of the hearing. Pursuant to Article 13, Section D, the Grievance Committee, with a Labor Council representative, shall discuss and review disciplinary grievance appeals upon a request from the employee. The Grievance Committee shall notify the affected employee within fifteen (15) business days from the employee's request that a grievance will or will not be filed on the employee's behalf. If the employee is notified that a grievance will not be filed, the employee shall retain the option to file the appeal before the Board of Fire and Police Commissioners within ten (10) days in accordance with Step 3 of the grievance procedure. The time periods may be extended by the mutual agreement of the parties. If the Member elects the Board option, the Employer may formally implement and the Member may contest, the charges in accordance with the provisions of 65 ILCS 5/10-2.1-17. In proceedings before the Board, the existence or lack of "just cause" for the charges and discipline shall be determined by the Board in accordance with its statutory authority. If the Member does not elect the Board option and the Union decides to file a grievance, the grievance shall be arbitrated unless a settlement of the grievance acceptable to the Member, Employer, and the Union is rendered. The Employer may, after having served the Member with written notice of the charges and proposed penalty, suspend a Member with pay or for a maximum of thirty (30) days without pay or with the approval of the Arbitrator or the Board, as the case may be, suspend for a longer period of time pending the outcome of the disciplinary hearing, provided that if the charges are not sustained, the Member shall be made whole for all wages and benefits withheld with no loss of seniority. If the Board or Arbitrator, as the case may be, finds just cause for discipline they may suspend the Member for a period not to exceed thirty (30) days or terminate the Member. The Board or Arbitrator, as the case may be, may count any...
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Grievance/Arbitration Option. By selecting the grievance process alternative, I acknowledge my understanding that the District’s Fire Chief has the right to unilaterally impose the proposed discipline immediately, subject to possible later modification or reversal by an arbitrator. Unless a settlement is reached, an arbitrator will determine whether the discipline was imposed with just cause, and whether the discipline was excessive. By electing to file a grievance over my discipline I hereby release the District, the Board of Fire Commissioners and the Union, as well as their officers, directors, agents, employees, attorneys, and other representatives from any and all liability which flows as a consequence of my election. from the Union, and that the Union has seven (7) additional days to submit this document as a request to arbitrate to the Fire Chief or his designee. This document will be considered my grievance. In the event that the Union declines to arbitrate this matter or does not return this document within ten (10) calendar days from the notice of the Decision to Discipline, the discipline will be subject to the jurisdiction of the District’s Board of Fire Commissioners. Executive Board designee
Sample 1
Grievance/Arbitration Option. A. The Union may file a grievance as to the proposed disciplinary action against an employee. An employee who desires to appeal a proposed disciplinary action through the grievance/arbitration procedure shall notify the Union President or his/her designee, of his/her desire within twenty- four (24) hours of receipt of the City’s notice of proposed disciplinary action. B. The Union’s Executive Board shall meet promptly to consider the employee’s request and shall advise the employee as to its determination as to whether the Union will file a grievance as to the proposed disciplinary action within seven (7) calendar days of its receipt of the employee’s request.
Sample 1
Grievance/Arbitration Option. 1. The Union may file a grievance as to the proposed disciplinary action against a member. A member who desires to appeal a proposed disciplinary action which is subject to the jurisdiction of the Commission through the grievance/arbitration procedure shall notify the Union President or his designee, of his/her desire within twenty-four (24) hours of receipt of the District’s notice of proposed disciplinary action. 2. The Union’s Executive Board shall meet promptly to consider the member’s request and shall advise the member as to its determination as to whether the Union will file a grievance as to the proposed disciplinary action within seven (7) calendar days of its receipt of the member’s request. 3. If the Union decides not to file a grievance, the District may formally implement the penalty and the member contest the charges in accordance with the provisions of 70 ILCS 705/16.
Sample 1
Grievance/Arbitration Option. The Union may file a grievance on the proposed suspension by the Fire Chief. If the Union desires to appeal disciplinary action through the grievance/arbitration procedure, it shall notify the Fire Chief within forty-eight (48) hours of receipt of the Fire Chief’s notice of the disciplinary action. If the Union decides not to file a grievance, the Fire Chief shall notify the Secretary of the Board of Fire Commissioners in accordance with the procedure set forth in 70 ILCS 705/16.13b and the Rules of the Board of Fire Commissioners. The employee may appeal the discipline to the Board of Fire Commissioners and shall have no other option to use the grievance arbitration procedure for that discipline. If the Union decides to file a grievance, the grievance shall be arbitrated unless an acceptable settlement is reached between the District and the Union. The grievance shall be filed at Step 2 of the Grievance Procedure. The Union may submit the grievance to arbitration. If the discipline is sustained by an arbitrator’s decision, neither the Union nor the employee shall have any further right to contest such charges and penalty before the Board of Fire Commissioners.
Sample 1
Grievance/Arbitration Option. The Union shall advise the District as to its determination as to whether the Union will file a grievance as to the disciplinary action within seven (7) calendar days of the receipt of the employee’s request. If the Union decides not to file a grievance, the Fire Chief may proceed with the charges in a hearing before the Board of Fire Commissioners. The District may proceed with the proposed disciplinary action in accordance with the procedure set forth in 70 ILCS 705/16.13b subject to the employee’s right to appeal the hearing described therein. If the Union decides to file a grievance, the grievance shall be arbitrated in the same manner as provided in this Agreement, unless an acceptable settlement is reached between the District and the Union. Pending arbitration of the grievance, the District may immediately implement the penalty and neither the Union nor the employee shall have any further rights to contest such charges and penalty before the Board of Fire Commissioners.
Sample 1
Grievance/Arbitration Option. The Union may file a grievance over the suspension of an employee. An employee who desires to appeal disciplinary action through the grievance/arbitration procedure shall notify the Union within forty-eight (48) hours of his/her receipt of the Fire Chief's notice of the disciplinary action. The Union shall advise the employee and the District as to its determination as to whether the Union will file a grievance as to the suspension within seven (7) calendar days of the receipt of the employee's request. If the Union decides not to file a grievance, the Fire Chief shall notify the Secretary of the Board of Fire Commissioners in accordance with the procedure set forth in 70 ILCS 708/16.13b and the Rules of the Board of Fire Commissioners. The employee may appeal the discipline to the Board of Fire Commissioners and shall have no other option to use grievance/arbitration procedure for that discipline. If the Union decides to file a grievance, the grievance shall be arbitrated unless an acceptable settlement is reached between the District, Union, and employee. The grievance shall be filed at Step 4 of the Grievance Procedure, Section 8.2 of this Agreement. The Union may submit it to arbitration in accordance with Section 8.3 of this Agreement. Upon receipt of the Union’s election to arbitrate the suspension, the Chief shall have authority to immediately implement the proposed penalty. If the discipline is sustained by an arbitrator's decision, neither the Union nor the employee shall have any further right to contest such charges and penalty before the Board of Fire Commissioners.
Sample 1
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Grievance/Arbitration Option. An employee who desires to appeal a proposed disciplinary action through the grievance/arbitration procedure shall notify the Union within forty-eight (48) hours of his/her receipt of the District’s notice of the proposed disciplinary action. The Union shall advise the employee and the District as to its determination as to whether the Union will file a grievance as to the disciplinary action within seven (7) calendar days of the receipt of the employee's request. If the Union decides not to file a grievance, the Fire Chief may proceed with the charges in a hearing before the Board of Fire Commissioners. The District may proceed with the proposed disciplinary action in accordance with the procedure set forth in 70 ILCS 705/16.13b subject to the employee's right to appeal the hearing described therein. If the Union decides to file a grievance, the grievance shall be arbitrated in the same manner as provided in section 3 of this article, unless an acceptable settlement is reached between the District, Union, and employee. Pending arbitration of the grievance, the District may immediately implement the penalty and neither the Union nor the employee shall have any further rights to contest such charges and penalty before the Board of Fire Commissioners.
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Related to Grievance/Arbitration Option

  • GRIEVANCE ARBITRATION Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • GRIEVANCE ARBITRATION PROCEDURE 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

  • GRIEVANCE PROCEDURE & ARBITRATION It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of the Collective Agreement may at option discuss it with immediate supervisor within three (3) days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a response to the complaint within three (3) days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union Xxxxxxx covered under this Collective Agreement. Grievances must be filed within fifteen (15) working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and Union Xxxxxxx, presented to the Supervisor by the Union Xxxxxxx and (at their option). Both copies are to be returned by the Supervisor with signed comments to the Union Xxxxxxx within three (3) working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a Xxxxxxx or Union Official. Step If satisfaction is not obtained in Step the Union Xxxxxxx, within five (5) working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union Xxxxxxx, (at their option) and the Human Resources Consultant then render a decision in writing on the prescribed forms within five

  • GRIEVANCE AND ARBITRATION 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

  • Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Level Four - Arbitration a. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable Arbitrator and shall obtain a commitment from said Arbitrator to serve. If the parties are unable to agree upon a mutually acceptable Arbitrator, or obtain such a commitment within the specified period, a request for a list of Arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in selection of an Arbitrator. b. The Arbitrator so selected shall confer with the Committee of the Board and the Aggrieved Person and Association representative, and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings, or if oral closings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The Arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, or which is violative of the terms of this Agreement. The decision of the Arbitrator shall be submitted to the Board and the Aggrieved Person and Association representative, and shall be final and binding on the parties. The Arbitrator shall be limited to the issues submitted and shall consider nothing else. The Arbitrator can add nothing to, nor subtract anything from the Agreement between the parties. c. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room, shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • GRIEVANCE AND ARBITRATION PROCEDURES A. A grievance is a dispute, claim, or complaint arising under this Agreement, filed by either an authorized representative of or an employee in the Bargaining Unit, or the County, involving the interpretation or application of this Agreement. All discipline shall be for just cause. B. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: Step 1. The aggrieved employee shall be accorded fifteen (15) working days from the occurrence of the action or event or when the employee has knowledge or should have had knowledge of the action or the event giving rise to the complaint to seek resolution on an informal basis. The Employee must discuss his alleged grievance with the Airport Fire Chief and the Fire Rescue Division Director. If informal resolution is not accomplished, the employee, if a Union member, must present the proposed grievance in writing to a Union officer on or before the fifteenth (15th) working day for consideration by the Union Grievance committee. If, in the Committee's opinion, no reasonable grievance exists, no further action may be taken. Step 2. If the Committee wishes to pursue the member's complaint, a written grievance shall be presented to the Director of the Fire Rescue Division or his designee within twenty (20) working days from the occurrence of the action or event giving rise to the grievance or from the date on which the employee reasonably should have had knowledge of that occurrence. A written grievance must be presented on a grievance form provided by the County in Appendix A. Upon receipt of a formal grievance or a class action submitted by the Union, the Fire Rescue Division Director or his designee shall investigate the facts and conduct a meeting within five (5) working days with the aggrieved employee and any other persons possessing knowledge considered critical by the Director. The aggrieved employee may be accompanied at this meeting by a local Union representative. The Fire Rescue Division Director or his designee shall notify the grievant of his decision no later than five (5) working days following the date of the meeting. Step 3. If the grievance is not resolved at the second step, the aggrieved employee shall present the written grievance within five (5) working days of the Step 2 decision to the Department Head. The Department Head or his designee shall investigate the facts and may conduct a hearing within five

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