GRIEVANCE & ARBITRATION PROCEDURES. 26:01 When a party desires that a grievance be submitted to arbitration, that party shall notify the other party in writing within twenty (20) working days of the decision handed down at Step 2 that they desire to go to arbitration. Where the party initiating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to above shall so state:
(a) Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days;
(b) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days of receiving the notice, the party initiating the arbitration proceedings shall notify the other party in writing of their appointee to the Arbitration Board. The other party shall, within ten (10) working days of the receipt of the notice, provide written notice of their appointee. The members of the Arbitration Board shall, within ten (10) working days of the appointment of the second of them, appoint a third member who shall be the Chairperson.
(c) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for purposes of this Article.
26:02 Any of the time limits referred to above may be extended by mutual agreement of the parties.
26:03 The Arbitrator shall not have the power to add to, subtract from or modify or alter in any way the provisions of this Agreement or any signed Memorandum of Agreement between the parties.
GRIEVANCE & ARBITRATION PROCEDURES. (1) No grievance resolution accomplished at a level below a decision by the Sheriff shall be cited as or established precedent with respect to any other grievance or interpretation of this Agreement. Working days in this article are defined as Monday through Friday excluding recognized holidays as listed in Article 7 of this agreement. This procedure does not preclude, and the parties are encouraged to engage in, informal discussion in an attempt to resolve problems without filing a formal grievance, even though such discussions are not part of this procedure.
GRIEVANCE & ARBITRATION PROCEDURES. 1. A grievance is hereby jointly defined as an appeal of the interpretation, application or violation of policies, agreements, and administrative decisions affecting an employee(s) or the majority representative of the employees. For the purpose of providing an orderly method for handling and disposing of grievances as defined, it is hereby agreed that grievances shall be adjusted as follows unless there are specific exceptions cited within the Agreement:
STEP 1. The PBA President, or his designee, shall present and discuss the grievance(s) orally with the chief of police, or his designee, within fifteen (15) working days after the grievant(s) knew or should have known of the occurrence giving rise to the grievance. The chief, or his designee, shall answer the grievance orally within five (5) working days from the date of its presentation.
STEP 2. If the grievance is not resolved satisfactorily at Step 1, or if no answer has been received by the PBA within the time limit set forth in Step 1, the PBA shall present its grievance, in writing, within five (5) working days to the chief of police, or his designee. This presentation shall set forth the nature of the grievance involved, the applicable provisions of this Agreement and the position of the PBA with respect to same. The chief, or his designee, shall answer the grievance, in writing, within five (5) working days after receipt of same.
STEP 3. If the grievance is not resolved satisfactorily at Step 2, or if no answer has been received by the PBA within the time limit set forth in Step 2, the grievance shall be presented, in writing, to the Township administrator within five (5) working days thereafter. Upon mutual agreement by the parties, a meeting may be held on the grievance between the PBA and the Township administrator, at which meeting the parties may be represented by legal counsel. Said meeting shall not be held publicly unless the parties so agree in writing. The Township administrator shall render his final written decision on the grievance within ten (10) working days of the date of its presentation or, if a meeting is held, within ten (10) working days thereafter setting forth the position of the employer.
STEP 4. If the grievance is not resolved at Step 3, or if no answer has been received by the PBA within the time limit set forth in Step 3, the grievance shall be presented, in writing, by the PBA to the mayor and Township Committee within five (5) working days. Upon mutual agreement by th...
GRIEVANCE & ARBITRATION PROCEDURES. All claims, disputes or grievances whatsoever of whatever kind or nature arising between the parties shall be adjusted by the Union and the Employer. If such disputes are not adjusted within five (5) days, then the matter shall be submitted to arbitration, to an arbitrator mutually agreed upon, failing which, then to the New Jersey State Public Employer Relation Commission for designation of the arbitrator. The decision of the arbitrator shall be final and binding and the appropriate proceedings or judgment in any court of competent jurisdiction may enforce any award, decision or findings of the arbitrator. The cost of such arbitration shall be borne by the losing party.
GRIEVANCE & ARBITRATION PROCEDURES. 16.1 Differences between the Employer and the Union as to the application or interpretation of any of the provisions of this Agreement, including the question of whether a non-probationary Employee has been disciplined or discharged for just cause, shall be settled by the following grievance and arbitration procedures.
GRIEVANCE & ARBITRATION PROCEDURES. 3-4.1 No matter shall be considered a proper subject for arbitration or be subject to the arbitration provision set forth herein, if it pertains to (a) any matter for which a specific method of review is prescribed by law or (b) any rule or regulation of the State Commissioner of Education or (c) any by-law of the Board pertaining to its internal organization or (d) any matter which according to law is either beyond the scope of Board authority or limited to unilateral action by the Board alone or (e) a complaint of a teacher not on a continuing contract which arises by reason of his/her not being reemployed or (f) a complaint by any certified personnel occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which a continuing contract is either not possible or not required.
3-4.2 An arbitrator mutually agreeable to the parties shall be selected from a list provided by the Public Employee Labor Relations Board or provided by each party. If after ten (10) calendar days from receipt of this list the parties are unable to reach agreement on the appointment of an arbitrator, an arbitrator shall be selected utilizing the services of the American Arbitration Association.
3-4.3 The arbitrator shall be limited to the issues as submitted at the School Board level, and shall consider nothing else. He/she may add nothing to nor subtract anything from the Agreement between the parties. The findings of the arbitrator shall be final and binding. Only the Board and the aggrieved and his/her representative shall be given copies of the arbitrator’s report. This shall be accomplished within thirty
GRIEVANCE & ARBITRATION PROCEDURES. The Parties confirm that they recognize that mutual cooperation is necessary to the effective resolution of workplace disputes in a timely manner. All reasonable efforts should be made to determine the facts in any matter before a grievance is pursued.
GRIEVANCE & ARBITRATION PROCEDURES. L28.2.1 A grievance shall be defined as any question, dispute, or difference of opinion involving interpretation, application, administration or alleged violation of any term, provision or condition of this collective agreement, including the question of whether a matter is arbitrable.
L28.2.2 The parties recognize that each party may elect to be represented by counsel or representative(s) of their respective organizations, at any stage of the grievance- arbitration procedure.
GRIEVANCE & ARBITRATION PROCEDURES. Section 1: A Grievance shall mean any claimed violation, misinterpretation or misapplication that may arise between the City, the Union and/or any bargaining unit employee[s] relating to this agreement, and Fire Department or Personnel Policies impacting mandatory subjects of bargaining.
Section 2: Nothing in this Article shall be deemed to deny an aggrieved unit employee the right to present their own grievance. In such event, the aggrieved employee shall forward a copy of the grievance being filed with any and all supporting information and material to the President of IAFF Local 1611. In addition, the Union shall have the right to be present at any meeting between the City, the City, the Fire Chief and the aggrieved employee[s] filing a grievance under this section. No resolution of a grievance under this provision shall be inconsistent with the provisions of this Agreement. The Union will be provided a copy of any decision rendered and/or settlement agreement made by the any Employer representative throughout the grievance process.
Section 3: Except in the case of disciplinary actions, individual identical grievances may be consolidated at Step 2 and processed by the Union as one grievance throughout the remainder of the procedure by mutual consent of the parties. Any decision rendered in connection with a consolidated grievance shall be binding on the other grievance[s].
Section 4: A grievance will be considered timely if it is submitted within twenty- eight (28) calendar days from the date of the incident out of which the grievance
GRIEVANCE & ARBITRATION PROCEDURES. 12.01 It is the mutual desire of the Board and the Association that all complaints and grievances shall be addressed as quickly as possible.
12.02 A grievance is defined as a difference or dispute of this Agreement which concerns one (1) or more teachers and relates to the interpretation, application or administration of this Agreement. A claim of unjust discharge or discipline shall also be subject to the Grievance and Arbitration Procedures as set forth in the Collective Agreement.
12.03 In this Article, “immediate supervisor” shall mean principal or superintendent or designate, whichever is the immediate supervisor of the complainant.
