GRIEVANCE ARBITRATION PROCEDURE. 12.1. The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the parties. 12.2. Grievances shall be settled according to the following procedures: Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved local Union or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance. Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of • two (2) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) it may be referred within five (5) business days by either party to Step 3. Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of five (5) below: 1. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx Xxxxxx
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. 12.1 The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute the same shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the parties.
12.2. 12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved local Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Joint Administrative Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of • two (2) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) ), it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon party filing the grievance will advise the District of its arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method selection preference from the list of five (5) belowfollowing sources:
1. Xxxxx Xxxxxxxx Arbitrator Xxxx Xxxxx
2. Xxxxxx Xxxxxx 3. Xxxxxx XxxxxxArbitrator Xxxxx Xxxxxxxx
Appears in 2 contracts
Samples: Construction Careers Agreement, Construction Careers Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1Step 1. The parties understand and agree that questions between An employee, through the Union or among parties signatory to a Master Agreement arising out the Union in behalf of one or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaningmore employees, interpretation or application of the provisions of this Agreement, such dispute shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or may initiate a Contractor/Employer on its own behalf) provides notice grievance by submitting such grievance in writing to the signatory party with whom it has a dispute supervisor involved within five ten (510) working days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event occurrence or omission giving rise to the disputegrievance or the grievance shall be considered dropped. The supervisor shall reply in writing within ten (10) working days thereafter. If no reply is received from the supervisor within the prescribed time limits limit, it will be deemed to be settled in this Section 12.1 may be extended by mutual the Union’s or the employee’s favor.
Step 2. If the grievance is not satisfactorily disposed of, the aggrieved employee/Union shall submit it in written agreement form to the Public Safety Director within ten (10) working days following the reply of the partiessupervisor or the grievance shall be considered dropped.
12.2Step 3. Grievances shall be settled according to If the following procedures:
Step 1: Within five (5) business days after grievance is not resolved by the receipt of the written notice of the grievance, the Business Representative of the involved local Union or Public Safety Director’s and/or his/her designee’s answer, the Union Labor Committee may appeal in writing to the City Manager and/or his/her designee within ten (10) working days or the representative of the employee, and the representative of the involved Contractorgrievance shall be considered dropped. The City Manager and/or his/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved her designee shall meet with the Union Labor Committee within seven ten (710) working days of the referral appeal unless mutually extended. The answer of the dispute to this second City Manager and/or his/her designee must be filed within ten (10) working days.
Step 4. If the grievance is not satisfactorily adjusted in the last preceding step to arrive at a satisfactory settlement thereof. Meeting minutes within the time provided (unless mutually extended), either party may, within 21 days, request arbitration or the grievance shall be kept by considered dropped. The other party shall be obligated to proceed with arbitration in the Contractormanner hereinafter provided. In If the event that these representatives parties are unable to resolve the dispute after its referral to Step 2, either involved party may submit it agree upon an arbitrator within three fourteen (314) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of • two (2) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3notice for arbitration, the representatives party requesting the arbitration shall choose promptly file a mutually agreed upon arbitrator demand for final arbitration with the Federal Mediation and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of five (5) below:
1. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx XxxxxxConciliation Service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.17.1. The Guild shall designate a committee of its own choosing to take up with the Employer or authorized representative any disputes regarding the interpretation of this agreement, discharges, discipline, wages and/or other terms and conditions of employment.
7.2. Before filing a formal grievance concerning a non-disciplinary issue, and within thirty (30) calendar days after the employee or the Guild knew, or by reasonable diligence should have known, the facts giving rise to the dispute, the Guild shall bring the matter to the Employer’s attention and agrees to attempt to resolve any issue or dispute through discussions with the Employer’s designated representative.
7.3. Within fourteen (14) calendar days after the first meeting conducted under Section 7.2, the Guild may file a written grievance as provided below. The written grievance shall explain the dispute, include a specific statement of the remedy sought, and request a meeting regarding the dispute.
(a) A grievance of discipline or discharge shall be filed within fourteen (14) days of receipt of the notice of discipline or discharge.
7.4. A grievance meeting shall be held as promptly as possible after the Employer receives the written grievance but, in any case, within fourteen (14) calendar days thereafter. A grievance committee of not more than two (2) bargaining unit employees designated by the Guild shall meet with two representatives of the Employer and shall discuss the grievance. The Guild may substitute A TNG-CWA local or national representatives for up to one (1) grievance committee members. In addition to the two representatives, the Guild may have one (1) grievant attend. The parties understand and may mutually agree that questions between or among to attendance by more than one grievant.
7.5. If the parties signatory to a Master Agreement arising out of or involving resolve the interpretation of a Master Agreement dispute, the resolution shall be resolved under promptly reduced to writing and signed by at least one representative for each party. If the parties are not able to resolve the dispute, the Employer’s designated representative shall respond to the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) calendar days after becoming aware of the meeting, or either party may refer the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the partiesresolution step.
12.27.6. Grievances shall be settled according to If the following procedures:
Step 1: Within five resolution step is not requested, the Guild has fourteen (514) business calendar days after from the Guild’s receipt of the Employer’s written notice of response to the grievance, the Business Representative of the involved local Union or his/her designeegrievance committee meeting, or the representative of the employeedate such response was due, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of submit the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of • two (2) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades CouncilArbitration. If the dispute resolution step is not resolved within such time requested, a meeting shall take place no later than fourteen (five (514) business calendar days after its referral or such longer time as mutually agreed upon) it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list Guild’s receipt of five (5) below:
1the Employer’s written response to the grievance committee meeting or the date such response was due. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx XxxxxxFor the resolution step, each party shall appoint two
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1Section 1. The parties understand and agree that questions between A grievance is defined as an allegation by the Union regarding the application or among parties signatory to a Master Agreement arising out violation of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions an express provision of this Agreement, such dispute and shall be settled by means of the procedures set out herein. No processed as follows:
STEP 1: The grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice presented in writing to the signatory party Chief of Police within ten (10) days after the occurrence of the incident upon which the grievance is based. The Chief of Police shall meet with whom it has a dispute Union representative and the grievant within five (5) days, and shall answer the grievance in writing within three (3) days after such meeting.
STEP 2: If the written grievance is not resolved within eight (8) days after the submission to the Chief, the grievance shall be presented to the Town Manager within three (3) days of the receipt of the Chief’s written response or the expiration of the 8-day period, whichever comes first. The Town Manager shall meet with the Grievance Committee, which may be comprised of the grievant, the xxxxxxx and the Union Business Agent, within ten (10) days, and shall answer the grievance in writing within five (5) days after becoming aware such meeting.
STEP 3: If the written grievance is still not resolved within fifteen (15) days after
(a) the receipt of the dispute but in no event more than thirty Town Manager’s written answer, or (30b) the expiration of the fifteen (15) days after it reasonably should have become aware allowed in Step 2, whichever comes first, the Union, and not any individual employee(s) may, by letter, request arbitration. Submission to arbitration shall be by letter addressed to the American Arbitration Association (AAA), and postmarked within the 15- day period. A copy of the event giving rise letter will be mailed concurrently to the disputeTown Manager. The Arbitrator will be selected from a panel provided by the AAA, and arbitration will be conducted under its rules. The expense of arbitration will be borne equally by the parties. The authority of the Arbitrator shall be limited to the interpretation of this Agreement. The Arbitrator shall have no right to add to, subtract from, or modify this Agreement. The decision of the Arbitrator shall be final and binding on both parties to this Agreement.
Section 2. A grievance shall be deemed waived by the Union and the grievant unless presented at each step within the time limits provided in such step. The responsibility is on the Union and the grievant to process the grievance within the time limit(s) provided. A grievance not answered, or not timely answered, at each step by the Town, shall be considered denied and shall not excuse the Union or the grievant from complying with the same time limit(s), unless such time limits are extended by mutual agreement.
Section 3. For the purpose of determining timely compliance or the limits discussed above, Saturday, Sunday and holidays will not be counted.
Section 4. By mutual agreement, a meeting may be held between the Union and the Town at any step of the grievance procedure.
(a) If a meeting is held, the time limitation for the answer to the grievance will be from the date of the meeting.
(b) Either party to the grievance may request an informal conference at any stage to clarify or resolve an issue.
(c) Nothing contained in this Section 12.1 would prohibit representation by the Union at these informal meetings.
Section 5. Any employee who has completed the probationary period and has been found by the Arbitrator to have been suspended or discharged without just cause will be eligible for reinstatement to his/her former position, and for compensation at his/her regular rate of pay for time lost.
Section 6. Any of the above time limits may be extended by mutual written agreement consent of the parties.
12.2. Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved local Union or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of • two (2) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of five (5) below:
1. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx Xxxxxx
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. (a) The parties understand Company agrees to recognize fully and agree treat with the Union on questions, grievances and complaints that questions may arise between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement them.
(b) There shall be resolved under no discharge, suspension or other disciplinary action without sufficient cause or without notification to the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out employee of the meaningreason, in writing. All discipline must be given to the employee within 10 days of the occurrence or within ten (10) days of the time the Company knew of the occurrence or the Company will forfeit its right to discipline the employee(s).
(c) All claims or disputes of employees, the Union or the Company regarding the application, interpretation or application violation of the any provisions of this AgreementAgreement or the imposition of any discipline, such dispute including discharge, hereinafter called “grievances”, shall be settled in the following manner: Step One: An employee who believes that a grievance exists between the employee and the Company, shall first meet with the Manager of Operations/ Safety for operators or the Manager of Maintenance for maintenance to discuss the matter in an informal manner. The employee may be accompanied by means a member of the procedures set out hereinUnion Executive Board. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice The respective Manager will respond in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but grievance meeting. If informal discussion fails to resolve the problem, the Union or the employee may take the grievance to Step 2. Step Two: In the event the grievance is not resolved in no event more than thirty (30) days after it reasonably should have become aware Step One, the Union shall deliver a copy of the event giving rise grievance to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the parties.
12.2. Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved local Union General Manager or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on of receipt of the Grievance Committee), to confer in an attempt to resolve the grievancerespective Manager’s response. The Grievance Committee shall be comprised of • two (2) representatives of General Manager or his/her designee will conduct a hearing with the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) it may be referred Union within five (5) business days by either party to Step 3.
Step 3: Within from receipt of the grievance from the Union. After completion of the hearing the General Manager will provide a written answer within five (5) business days after referral either sustaining or denying the grievance, and setting forth the reasons for the decision. After the initial filing of a dispute to Step 3grievance, the representatives parties may deliver all above required correspondence through email. Such emailed correspondence shall choose be considered timely if it is delivered to the above required party by 11:59 pm on the applicable due date.
(d) Tri-Partite Arbitration If the parties are unable to reach agreement in Step Two, and the grievance or dispute involves the application, interpretation, or violation of any provision of this Agreement, the Union (not any individual employee) or the Employer may within forty-five (45) days of said failure to reach agreement, demand arbitration and request the Federal Mediation and Conciliation Service to provide the parties with a mutually agreed upon list of seven (7) prospective arbitrators. Once a panel of possible arbitrators is received by both parties, that selection must be completed within twenty-one (21) days of such receipt. If one party fails to engage in the selection process within twenty-one days, that party shall forfeit its case and the grievance shall be granted in favor of the party that is prepared to proceed in the arbitrator for selection process and denied as to the party refusing to proceed within the specified time limits. That decision shall then become final and binding arbitrationbinding. The parties agree that if the permanent arbitrator or his alternate Unless otherwise agreed, all grievances for which arbitration is not available, an arbitrator requested shall be selected determined by the alternate striking method from the list of five (5) below:
1. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx Xxxxxxthree
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. The parties understand and agree Any grievance or dispute that questions between may arise following the effective date of this Agreement concerning the application, meaning or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute limited thereto, shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the parties.
12.2. Grievances shall be settled according to the following proceduresmanner:
Step 1: Within five (5) business days after The Employee and/or his or her Union representative shall present the receipt of the written notice of the grievance, the Business Representative of the involved local Union grievance or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days orally to the Grievance Committee, which shall meet Employer’s Shift Supervisor or Assistant Project Manager within five (5) business days after such referral (of its occurrence or such longer time as is mutually agreed upon when the Employee knew, or by all representatives on the Grievance Committee)reasonable diligence should have known, to confer in an attempt to resolve the grievanceof its occurrence. The Grievance Committee Shift Supervisor or Assistant Project Manager shall be comprised of • two (2) representatives of orally respond to the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved grievance within such time (five (5) business days after its referral days.
Step 2: If the grievance is not settled at Step 1, the Employee and/or his or such longer time as mutually agreed upon) it her Union representative may be referred meet, within five (5) business days by either party of the date on which the Shift Supervisor or Assistant Project Manager responded or should have responded, with the Employer’s Project Manager. The Employer’s Project Manager shall respond to Step 3the grievance within five (5) business days.
Step 3: Within If the grievance is not settled at Step 2, the Union shall within five (5) business days after referral of receipt of the Project Manager’s response in Step 2, or the date when the Project Manager’s response was due, present the grievance in writing to the Employer’s Vice President or his designee. The Employer’s Vice President or his designee shall respond in writing to the grievance within five (5) business days. Grievances affecting a dispute class or classes of employees may be initiated by the Union at Step 3. The Employer shall have the right to involve senior management in the grievance process at an earlier state, in its discretion.
Step 4: If the grievance is not settled at Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and Union may, within seven (7) days after the receipt of the Employer Officer’s response in Step 3, proceed to binding arbitration. The parties agree Notice that if the permanent arbitrator or his alternate arbitration is not available, an arbitrator desired shall be selected served upon the Employer within seven (7) days after the union receives the Employer’s Step 3 answer. If the Parties are unable to agree on a arbitrator within ten (10) days of the date of service, they shall choose an Arbitrator from a panel provided by the alternate Federal Mediation and Conciliation Service by alternatively striking method the names on the list. The Employer shall have the first strike. The Arbitrator shall conduct a hearing on the grievance. The Arbitrator shall render a decision within thirty (30) days of the close of the hearing or receipt of briefs. Any back pay award shall be reduced by any sums received as unemployment compensation or from interim employment. The Arbitrator shall have no authority to alter, amend, or add to the list Agreement. All of five (5) below:
1the time limits contained in this Article may be extended by mutual agreement in writing. Xxxxx Xxxxxxxx 2All fees and expenses of the Arbitrator shall be borne equally by both parties, except where one of the Parties to the Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. Xxxxxx Xxxxxx 3The postponing Party shall pay such charge. Xxxxxx XxxxxxAn employee shall be permitted to have a Union representative at each step of the grievance procedure. The President of the Union or his/her designee shall have access to all relevant personnel records necessary for the Union’s administration of the grievance and arbitration procedure subject to this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Tri-S Security Corp)
GRIEVANCE ARBITRATION PROCEDURE. 12.1.
12.1 The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute the same shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five ten (510) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the parties.
12.2. 12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved local Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Joint Administrative Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of • two (2) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon party filing the grievance will advise the District of its arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method selection preference from the list of five (5) belowfollowing sources:
1. American Arbitration Association – Labor Arbitration Rules: Panel of 5 Labor Arbitrators who have experience with labor management disputes involving construction project labor agreements.
2. JAMS – Employment Practice: Panel of 5 Labor Arbitrators who have experience with labor management disputes involving construction project labor agreements.
3. Arbitrator Xxxx Xxxxx 4. Arbitrator Xxxxx Xxxxxxxx 25. Arbitrator Xxxxxx Xxxxxx 3If AAA or JAMS is selected as the source of securing the arbitrator, then the District will arrange with AAA or JAMS to provide the parties to the dispute with a list of five potential arbitrators. Xxxxxx XxxxxxThe parties will alternately strike names from the list, with the party filing the grievance striking first, until one name remains from the panel. The District will arrange with AAA or JAMS for the arbitration to take place according to the procedures and rules of AAA or JAMS for labor disputes. If any of the named arbitrators are selected, the District will contact the arbitrator and arrange for the arbitration to be held as soon as possible. The costs of the arbitration shall be borne equally by the party filing the grievance and the party or parties against which the grievance has been filed, with each party bearing their own attorneys fees and costs. It is understood that this grievance arbitration procedure will be used to resolve disputes regarding the language of the Project Labor Agreement, but will not be used to resolve disputes over language of Schedule A contract. Those disputes will be resolved under the dispute resolution procedures contained in the Schedule A contract. The decision of the Arbitrator shall be binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties. The Arbitrator shall arrange for a hearing as soon as practicable from the date of his/her selection. A written opinion may be requested by a party from the presiding Arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 12.2 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without a request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes. In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent setting.
Appears in 1 contract
Samples: Project Labor Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. 12.1 The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute the same shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 Article 12 may be extended by mutual written agreement of the parties.
12.2. 12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of the grievance, the Business Representative of the involved local Union or his/her designeeLocal Union, or the City’s authorized representative, representative of the employeeconstruction person, and the representative of the involved Contractor/Employer Contractor shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business calendar days to the Grievance Committee. The Grievance Committee shall consist of one (1) person selected by the City and one (1) person selected by the Council, which shall meet within five seven (57) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Grievance Committeesubcommittee), to confer in an attempt to resolve the grievance. The decision of the Grievance Committee shall be comprised of • two (2) representatives of the District; legal, final and • two (2) representatives of the Contra Costa Building & Construction Trades Councilbinding. If the dispute is not resolved within such time seven (five (57) business calendar days after its referral or such longer time as mutually agreed upon) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within five seven (57) business calendar days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree submit the matter to the designated permanent Arbitrator, Judge Xxxxxxx Xxxxxx.
12.3 In the event that if Judge Xxxxxx is unavailable, the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by Xxxxxxx Xxxxx.
12.4 The Arbitrator shall arrange for a hearing no later than fourteen (14) calendar days after the alternate striking method from matter has been submitted to arbitration. A decision shall be given to the list of parties within five (5) below:calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion from the Arbitrator may be requested by any party. The time limits specified in any step of the Grievance Procedure set forth in Section 12.1 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.
112.5 The decision of the Arbitrator shall be binding by all parties. Xxxxx Xxxxxxxx 2The Arbitrator shall not have authority to change, amend, add, or detract from any of the provisions of the Agreement. Xxxxxx Xxxxxx 3. Xxxxxx XxxxxxThe expense of the Arbitrator shall be borne equally by both parties.
12.6 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent- setting.
Appears in 1 contract
Samples: Community Workforce Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. 12.1 The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute the same shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 Article 12 may be extended by mutual written agreement of the parties.
12.2. 12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of the grievance, the Business Representative of the involved local Union or his/her designeeLocal Union, or the City’s authorized representative, representative of the employeeconstruction person, and the representative of the involved Contractor/Employer Contractor shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business calendar days to the Grievance Committee. The Grievance Committee shall consist of one (1) person selected by the City and one (1) person selected by the Council, which shall meet within five seven (57) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Grievance Committeesubcommittee), to confer in an attempt to resolve the grievance. The decision of the Grievance Committee shall be comprised of • two (2) representatives of the District; legal, final and • two (2) representatives of the Contra Costa Building & Construction Trades Councilbinding. If the dispute is not resolved within such time seven (five (57) business calendar days after its referral or such longer time as mutually agreed upon) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within five seven (57) business seven calendar days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree submit the matter to the designated permanent Arbitrator, Judge Xxxxxxx Xxxxxx.
12.3 In the event that if Judge Xxxxxx is unavailable, the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by Xxxxxxx Xxxxx.
12.4 The Arbitrator shall arrange for a hearing no later than fourteen days (14) calendar days after the alternate striking method from matter has been submitted to arbitration. A decision shall be given to the list of parties within five (5) below:calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the Arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 12.1 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.
112.5 The decision of the Arbitrator shall be binding by all parties. Xxxxx Xxxxxxxx 2The Arbitrator shall not have authority to change, amend, add, or detract from any of the provisions of the Agreement. Xxxxxx Xxxxxx 3. Xxxxxx XxxxxxThe expense of the Arbitrator shall be borne equally by both parties.
12.6 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent- setting.
Appears in 1 contract
Samples: Community Workforce Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. The parties understand and agree that questions between or among parties signatory to 6.1 In this Article, a Master Agreement arising out of or involving the interpretation grievance will consist only of a Master dispute concerning interpretation and application of any clause in this Agreement; alleged violations of the Agreement shall and discipline or discharge of employees without reasonable cause. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, the question may be resolved under taken up through the grievance procedure provided in that Master Agreementand determined if necessary by Arbitration. The There shall be an xxxxxxx effort on the part of both parties further understand and agree that in to settle such grievance promptly through the event any dispute arises out following steps. An employee called into the Employer’s office for disciplinary matters may, upon request, be accompanied by a Union Xxxxxxx. Copies of the meaning, interpretation or application of the provisions of this Agreement, such dispute shall Disciplinary notices will be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing given to the signatory party with whom it has a dispute employee involved, the Union, and the Union Xxxxxxx. Any disciplinary action taken by the Company must be issued to the employee within five (5) working days after of the Company becoming aware of the dispute but alleged infraction. All time limits referred to in no event more than thirty the grievance or arbitration proceedings may be extended by mutual agreement of the parties. For disciplinary measures, all infractions will be removed from the employee’s record after a period of eighteen (3018) months. Attendance records, once given to the employee, Xxxxxxx or Union, cannot be altered by the Company, without consensus of the afore- mentioned parties, and the record will therefore stand.
6.2 a) Step 1 - The employee will discuss the circumstances of the grievance with his immediate supervisor. The employee may be accompanied by a Union Xxxxxxx. Such discussion will take place within five (5) working days after it reasonably should have become aware of the event giving rise to the disputegrievance. The time limits immediate supervisor will give a verbal answer to the grievance within three (3) working days of such meeting.
6.2 b) Step 2 - Failing settlement in this Section 12.1 may be extended by mutual written agreement Step 1, the Xxxxxxx will, within five (5) working days of the parties.
12.2. Grievances shall be settled according Step 1 answer, present the grievance in writing to the following procedures:
Step 1: Employer. Within five (5) business working days after of such presentation, the receipt Management of the written notice of Employer will meet with the grievance, the Business Representative of the involved local Union or his/her designee, or the Xxxxxxx and representative of the employee, and the representative Union. The answer of the involved Contractor/Management (or the Union, in the case of an Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall will be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet delivered in writing within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of • two (2) representatives workings of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) it may be referred within five (5) business days by either party to Step 3meeting.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of five (5) below:
1. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx Xxxxxx
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. 13.1 The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute the same shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five ten (510) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 13.1 may be extended by mutual written agreement (oral or written) of the parties.
12.2. 13.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved local Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Joint Administrative Subcommittee (consisting of the District and Union representatives of the Joint Administrative Committee), which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Joint Administrative Committee), to confer in an attempt to resolve the grievance. The Grievance Any resolution by the Joint Administrative Committee shall be comprised of • two (2) representatives of the District; final and • two (2) representatives of the Contra Costa Building & Construction Trades Councilbinding. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) , it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives parties shall choose a mutually agreed upon neutral arbitrator for final and binding arbitration. The If the parties cannot mutually agree that if on the permanent arbitrator or his alternate is not availableselection of an arbitrator, an the arbitrator shall be selected by the alternate striking method from the following list: Xxxxxx Xxxxxx, Xxxxx Xxxxxxxx, Xxxxxxx Xxxxx, Xxxxx Xxx, and Xxxxxx Xxxxx. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second. Such striking shall take place within three (3) days. If a party does not respond within three (3) days, this means any arbitrator from the list is acceptable. The decision of the arbitrator shall be binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) below:
1calendar days after completion of the hearing unless such time is extended by mutual agreement. Xxxxx Xxxxxxxx 2A written opinion may be requested by a party from the presiding arbitrator. Xxxxxx Xxxxxx 3The time limits specified in any step of the Grievance Procedure set forth in Section 13.2 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. Xxxxxx XxxxxxHowever, failure to process a grievance, or failure to respond in writing within the time limits provided above, without a request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes. In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent setting.
Appears in 1 contract
Samples: Project Stabilization Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. 11.1 The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute the same shall be settled by means of the procedures set out forth herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to causing the dispute. The time limits in this Section 12.1 Article 11 may be extended by mutual written agreement of the parties.
12.2. 11.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of grievance, the necessary parties to the grievance, including but not limited to the Business Representative of the involved local Union Local Union, or the City's authorized representative or his/her designee, or the representative of the employeeconstruction person, and or the representative of the involved Contractor/Employer Contractor shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, either involved party may submit the International Union Representative dispute within three (3) calendar days to a subcommittee of the Joint Administrative Committee consisting of one (1) person selected by the City and one (1) person selected by the Contractor involved Council, which shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Grievance Committeesubcommittee), to confer in an attempt to resolve the grievance. If there is a unanimous decision by the subcommittee, the decision will be binding on all parties. The Grievance Committee Union(s) shall be comprised of • two (2) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Councilnotify its International Union representative(s), which shall advise both parties if it intends on participating in a Step 2 meeting. If the dispute is not resolved within such time (five seven (57) business calendar days after its referral or such longer time as mutually agreed upon) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within In the event the matter is not settled or otherwise resolved in a final and binding manner by the Committee, either party may demand arbitration. The parties shall provide a list to each other of their preferred arbitrators. The parties shall flip a coin to determine who shall strike the first name and shall then alternatively strike names from the list and the last remaining name shall be the neutral third party arbitrator who shall have the power to resolve the dispute in a final and binding manner. The costs of the arbitration shall be evenly split by the parties with each bearing the cost of their own legal counsel. Upon mutual agreement of the parties, the matter may be heard on an expedited basis, by telephone or other electronic means, and the arbitrator may render a "bench decision".
11.3 The Arbitrator shall arrange for a hearing no later than fourteen (14) calendar days after the matter has been submitted to arbitration. A decision shall be given to the parties within five (5) business calendar days after referral completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a dispute party from the Arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 11.2 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.
11.4 The decision of the Arbitrator shall be binding upon all parties. The Arbitrator shall not have authority to change, amend, add, or detract from any of the provisions of the Agreement. The expenses of the Arbitrator shall be borne equally by both parties.
11.5 In order to encourage the resolution of disputes and grievances at Step 31 and 2 of this Grievance Procedure, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is such settlements shall not available, an arbitrator shall be selected by the alternate striking method from the list of five (5) below:
1. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx Xxxxxxprecedent setting.
Appears in 1 contract
Samples: Community Workforce Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. 12.1 The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute the same shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 Article 12 may be extended by mutual written agreement of the parties.
12.2. 12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of the grievance, the Business Representative of the involved local Union or his/her designeeLocal Union, or the City’s authorized representative, representative of the employeeconstruction person, and the representative of the involved Contractor/Employer Contractor shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business calendar days to the Grievance Committee. The Grievance Committee shall consist of one (1) person selected by the City and one (1) person selected by the Council, which shall meet within five seven (57) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Grievance Committeesubcommittee), to confer in an attempt to resolve the grievance. The decision of the Grievance Committee shall be comprised of • two (2) representatives of the District; legal, final and • two (2) representatives of the Contra Costa Building & Construction Trades Councilbinding. If the dispute is not resolved within such time seven (five (57) business calendar days after its referral or such longer time as mutually agreed upon) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within five seven (57) business seven calendar days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree submit the matter to the designated permanent Arbitrator, Judge Xxxxxxx Xxxxxx.
12.3 In the event that if Judge Xxxxxx is unavailable, the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by Xxxxxxx Xxxxx.
12.4 The Arbitrator shall arrange for a hearing no later than fourteen days (14) calendar days after the alternate striking method from matter has been submitted to arbitration. A decision shall be given to the list of parties within five (5) below:calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the Arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 12.1 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.
112.5 The decision of the Arbitrator shall be binding by all parties. Xxxxx Xxxxxxxx 2The Arbitrator shall not have authority to change, amend, add, or detract from any of the provisions of the Agreement. Xxxxxx Xxxxxx 3. Xxxxxx XxxxxxThe expense of the Arbitrator shall be borne equally by both parties.
12.6 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent-setting.
Appears in 1 contract
Samples: Community Workforce Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. 14.1 The parties understand and Parties hereby agree that questions between all grievances and disputes that may arise concerning the application or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions terms of this Agreement, such dispute other than disputes arising from conduct described in Article V (Work Stoppages, Strikes, Sympathy Strikes and Lockouts), Article XVI (Jurisdictional Disputes) and Article X (Employee Disciplinary Grievances), shall be settled by means of handled in accordance with the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the partiesfollowing procedures.
12.2. 14.2 Grievances and disputes shall be settled according to the following procedures:
Step 1: Within The business representative of the local Union involved shall first attempt to settle the matter by oral discussion with the particular Contractor’s project superintendent no later than five (5) business working days after the receipt Union submitting the grievance first became aware of, or by the use of reasonable diligence should have been aware of, the occurrence first giving rise to the dispute or grievance. If the matter is not resolved with the superintendent within five (5) working days after the oral discussion with the superintendent, the dispute or grievance shall be reduced to writing by the grieving Union.
Step 2: If the matter is not resolved in Step 1, above, within five (5) working days after the oral discussion with the superintendent and the business representative of the written notice of the grievanceUnion involved, the Business Representative written grievance shall be given to the particular Contractor involved. The business manager of the involved local Union or his/her designee, or the representative of the employee, and the representative of his designee shall meet with the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business working days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Committee), they first meet to confer in an attempt to resolve hear the grievance. The Grievance Committee shall be comprised of • two , then the Union may, within ten (210) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades Council. If the dispute is not resolved within such time (five (5) business calendar days after its referral or such longer time meeting with the Contractor, by written notice to the Contractor, submit the grievance to arbitration in accordance with the provisions as mutually agreed upon) it may be referred within five (5) business days by either party to Step 3set forth below.
Step 3: Within After notice by any party of intent to submit a grievance to arbitration, the Parties shall have five (5) business days after referral to attempt, by mutual agreement, to select as the Arbitrator to hear the dispute, one of a dispute the Arbitrators listed under the Expedited Arbitration provisions of Article V, Section 5.3 of this Agreement. If the Parties are unable to Step 3reach such agreement, the representatives first arbitrator from the list, on a rotational basis, shall choose a mutually agreed upon be the arbitrator for final and binding arbitrationto hear the dispute. The parties agree that if decision of the permanent arbitrator Arbitrator shall not have the authority to alter, amend, add to or his alternate is delete from the provisions of this Agreement in any way. A failure of any party to attend said hearing shall not availabledelay the hearing of evidence or the issuance of any decision by the Arbitrator. Should any party seek judicial enforcement of the Award made by the Arbitrator, the prevailing party shall be entitled to receive its reasonable attorney fees and costs.
14.3 The time limits specified in any step of the Grievance Arbitration Procedure set forth in Section 14.2 may be extended by mutual agreement of the Parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without a request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances.
14.4 Grievances, which are settled directly by the Parties to such grievance, shall not be precedent setting. The costs of the arbitrator shall be selected by borne equally between the alternate striking method from grieving Union and the list of five (5) below:
1. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx Xxxxxxaffected Contractor.
Appears in 1 contract
Samples: Project Labor Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1. The parties understand and agree that questions between or among parties signatory to a Master Agreement arising out of or 12.1 All Project labor disputes involving the application or interpretation of the Schedule A Agreement to which a Master Agreement signatory Contractor and a signatory Union are parties shall be resolved under pursuant to the resolution procedures of such Schedule A Agreement. All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the grievance procedure provided in that Master Agreement. The parties further understand and agree that arbitration provision contained in the event any dispute arises out Schedule A Agreement for the craft of the meaning, affected employee. All disputes relating to the interpretation or application of this Agreement that do not fall within the provisions of this AgreementArticle 4, such dispute Work Stoppages, Strikes, Sympathy Strikes and Lockouts, or Article 13, Jurisdictional Disputes, shall be settled governed by means of the procedures set out hereinfollowing grievance and arbitration procedure. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the parties.
12.2. 12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of the grievance, the Business Representative of parties to the involved local Union or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer grievance shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business calendar days to the Grievance Committee, Joint Administrative Committee which shall meet within five seven (57) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Grievance CommitteeJAC), to confer in an attempt to resolve the grievance. Regardless of which party has initiated the grievance proceeding, prior to the meeting of the Joint Administrative Committee, the Union(s) shall notify its International Union(s) Representative(s), which shall advise both parties if they intend on participating in the meeting. The Grievance participation by the International Union(s) Representative(s) in this Step 2 meeting shall not delay the time set herein for the meeting, unless otherwise mutually agreed by the parties. A decision of the Joint Administrative Committee shall be comprised of • two (2) representatives of the District; final and • two (2) representatives of the Contra Costa Building & Construction Trades Councilbinding. If the dispute is not resolved within such time (five seven (57) business calendar days after its referral or such longer time as mutually agreed upon) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within five seven (57) business seven calendar days after referral of a dispute to Step 3, the representatives of each party shall choose a mutually agreed upon an arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list following list. The party who shall strike the first name shall be selected by the toss of five (5) below:
1. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx Xxxxxxa coin.
Appears in 1 contract
Samples: Project Stabilization Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.17.1 The Guild shall designate a committee of its own choosing to take up with the Employer or authorized representative any disputes regarding the interpretation of this agreement, discharges, discipline, wages and/or other terms and conditions of employment.
7.2 Before filing a formal grievance concerning a non-disciplinary issue, and within thirty (30) calendar days after the employee or the Guild knew, or by reasonable diligence should have known, the facts giving rise to the dispute, the Guild shall bring the matter to the Employer’s attention and agrees to attempt to resolve any issue or dispute through discussions with the Employer’s designated representative.
7.3 Within fourteen (14) calendar days after the first meeting conducted under Section 7.2, the Guild may file a written grievance as provided below. The written grievance shall explain the dispute, include a specific statement of the remedy sought, and request a meeting regarding the dispute.
(a) A grievance of discipline or discharge shall be filed within fourteen (14) days of receipt of the notice of discipline or discharge.
7.4 A grievance meeting shall be held as promptly as possible after the Employer receives the written grievance but, in any case, within fourteen (14) calendar days thereafter. A grievance committee of not more than two (2) bargaining unit employees designated by the Guild shall meet with two representatives of the Employer and shall discuss the grievance. The Guild may substitute A TNG-CWA local or national representatives for up to one (1) grievance committee members. In addition to the two representatives, the Guild may have one (1) grievant attend. The parties understand and may mutually agree that questions between or among to attendance by more than one grievant.
7.5 If the parties signatory to a Master Agreement arising out of or involving resolve the interpretation of a Master Agreement dispute, the resolution shall be resolved under promptly reduced to writing and signed by at least one representative for each party. If the parties are not able to resolve the dispute, the Employer’s designated representative shall respond to the grievance procedure provided in that Master Agreement. The parties further understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, such dispute shall be settled by means of the procedures set out herein. No grievance filed under this Grievance Arbitration Procedure shall be recognized unless the grieving party (Union on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) calendar days after becoming aware of the meeting, or either party may refer the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the partiesresolution step.
12.2. Grievances shall be settled according to 7.6 If the following procedures:
Step 1: Within five resolution step is not requested, the Guild has fourteen (514) business calendar days after from the Guild’s receipt of the Employer’s written notice of response to the grievance, the Business Representative of the involved local Union or his/her designeegrievance committee meeting, or the representative of the employeedate such response was due, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, the International Union Representative and the Contractor involved shall meet within seven (7) working days of the referral of submit the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of • two (2) representatives of the District; and • two (2) representatives of the Contra Costa Building & Construction Trades CouncilArbitration. If the dispute resolution step is not resolved within such time requested, a meeting shall take place no later than fourteen (five (514) business calendar days after its referral or such longer time as mutually agreed upon) it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list Guild’s receipt of five (5) below:
1the Company’s written response to the grievance committee meeting or the date such response was due. Xxxxx Xxxxxxxx 2. Xxxxxx Xxxxxx 3. Xxxxxx XxxxxxFor the resolution step, each party shall appoint two
Appears in 1 contract
Samples: Collective Bargaining Agreement