Common use of GRIEVANCE & ARBITRATION PROCEDURES Clause in Contracts

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 SOA 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 SOA within the time limit set forth in Step 1, the SOA 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 SOA 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 SOA 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 SOA 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 SOA within the time limit set forth in Step 3, the grievance shall be presented, in writing, by the SOA to the mayor and Township Committee within five (5) working days. Upon mutual agreement by the parties, a meeting may be held on the grievance between the SOA and the mayor and Township Committee 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 mayor and Township Committee shall render a final written decision on the grievance within fifteen (15) working days of the date of its presentation or, if a meeting is held, within fifteen (15) working days thereafter setting forth the position of employer. STEP 5. If the grievance has not been satisfactorily resolved in Step 4, the SOA or the employer may refer the matter to the Public Employment Relations Commission (PERC) for selection of an arbitrator when a dispute exists regarding the interpretation and/or application of a specific provision of this Agreement. a. The decision of the arbitrator shall be final and binding upon the parties. The expense of such arbitration shall be borne equally by the parties. b. All submissions to arbitration must be made within fifteen (15) working days following the answer of the mayor and Township Committee, or within fifteen (15) working days following the time period set forth in Step 4 if no answer is furnished by the mayor and Township Committee. c. The arbitrator’s decision shall be in writing and shall be issued not later than thirty (30) calendar days after the close of the arbitration hearing. The decision shall set forth the arbitrator’s findings of fact and the reasons and conclusions on the issue(s) submitted. d. The arbitrator shall be bound by the provisions of this Agreement and shall be restricted to the application of the facts presented to him in the grievance. The arbitrator shall not have the authority to add to, modify, detract from, or alter in any way the provisions of this Agreement or any amendment or supplement thereto. e. In cases involving back pay, the arbitrator may award such back pay only to the date from which the grievance was filed. 2. All of the time limits contained in this Article may be extended by mutual consent. Unless such time limits are extended by mutual consent, the failure to observe the time limits herein stated, for presentation of the grievance or submission of said grievance to arbitration, shall constitute an abandonment of said grievance or right to arbitration and settlement thereof.

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 SOA 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 SOA PBA within the time limit set forth in Step 1, the SOA 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 SOA 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 SOA 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 SOA 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 SOA PBA within the time limit set forth in Step 3, the grievance shall be presented, in writing, by the SOA PBA to the mayor and Township Committee within five (5) working days. Upon mutual agreement by the parties, a meeting may be held on the grievance between the SOA PBA and the mayor and Township Committee 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 mayor and Township Committee shall render a final written decision on the grievance within fifteen (15) working days of the date of its presentation or, if a meeting is held, within fifteen (15) working days thereafter setting forth the position of employer. STEP 5. If the grievance has not been satisfactorily resolved in Step 4, the SOA PBA or the employer may refer the matter to the Public Employment Relations Commission (PERC) for selection of an arbitrator when a dispute exists regarding the interpretation and/or application of a specific provision of this Agreement. a. The decision of the arbitrator shall be final and binding upon the parties. The expense of such arbitration shall be borne equally by the parties. b. All submissions to arbitration must be made within fifteen (15) working days following the answer of the mayor and Township Committee, or within fifteen (15) working days following the time period set forth in Step 4 if no answer is furnished by the mayor and Township Committee. c. The arbitrator’s decision shall be in writing and shall be issued not later than thirty (30) calendar days after the close of the arbitration hearing. The decision shall set forth the arbitrator’s findings of fact and the reasons and conclusions on the issue(s) submitted. d. The arbitrator shall be bound by the provisions of this Agreement and shall be restricted to the application of the facts presented to him in the grievance. The arbitrator shall not have the authority to add to, modify, detract from, or alter in any way the provisions of this Agreement or any amendment or supplement thereto. e. In cases involving back pay, the arbitrator may award such back pay only to the date from which the grievance was filed. 2. All of the time limits contained in this Article may be extended by mutual consent. consent Unless such time limits are extended by mutual consent, the failure to observe the time limits herein stated, for presentation of the grievance or submission of said grievance to arbitration, shall constitute an abandonment of said grievance or right to arbitration and settlement thereof.

GRIEVANCE & ARBITRATION PROCEDURES. A. An employee has the right to and may talk to his/her supervisor about any question or problem that may arise. If a difference arises concerning the interpretation or application of the terms of this Agreement, it shall be resolved in accordance with the following procedure: Step 1. : A grievance is hereby jointly defined as of an appeal employee shall first be submitted, in writing, to the Department Supervisor within 10 working days of the interpretation, application date or violation occurrence. Only a representative of policies, agreementsCSEA, and administrative decisions affecting not 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 definedindividual employee, it is hereby agreed that grievances shall be adjusted as follows unless there are specific exceptions cited within the Agreement: STEP 1. The SOA 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 may submit such grievance. The chief, or his designee, shall answer Town may hold a grievance meeting if it so desires. Present at the grievance orally within five meeting may be the Department Supervisor, the grievant, a representative of CSEA and a CSEA Labor Relations Specialist. The Department Supervisor shall have ten (510) working days from the date of its presentation. STEP 2the filing of the grievance to issue a written decision concerning the grievance. If the Department Supervisor does not respond within ten (10) working days, such grievance shall be deemed denied. If CSEA is not resolved satisfactorily at Step 1, satisfied with the decision of the Department Supervisor or if no answer has been received by the SOA Department Supervisor does not respond within the time limit set forth in Step 1ten (10) working days, the SOA shall present its grievance, in writing, within five (5) working days representative of CSEA may take the grievance 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 SOA with respect to samesecond step. The chief, or his designee, representative of CSEA shall answer the grievance, in writing, within five have ten (510) working days after the receipt of samethe decision or expiration of the Department Supervisor’s time to respond to move the matter to step 2. The time frames included in this step may be waived by mutual consent of the Parties. STEP 3. If the grievance is not resolved satisfactorily at Step 2, or if no answer has been received by : If not settled at the SOA within the time limit set forth in Step 2first step, the grievance shall may be presentedsubmitted by a representative of CSEA, in writing, to the Township administrator within five Town Administrator. The Town Administrator may hold a grievance meeting if she/he so desires. Present at the grievance meeting may be the Town Administrator, the department supervisor, the grievant, a representative of CSEA and a CSEA Labor Relations Specialist. The Town Administrator shall have ten (510) working days thereafter. Upon mutual agreement by the parties, to issue a meeting may be held on written decision concerning the grievance between from the SOA and date of the Township administrator, at which meeting filing of the parties may be represented by legal counselstep 2 grievance to issue a decision. Said meeting shall If the Town Administrator des not be held publicly unless the parties so agree in writing. The Township administrator shall render his final written decision on the grievance respond within ten (10) working days days, such grievance shall be deemed denied. The time frames included in this step may be waived by mutual consent of the date Parties. If CSEA is not satisfied with the decision of its presentation or, if a meeting is held, the Town Administrator or the Town Administrator does not respond within ten (10) working days thereafter setting forth days, the position representative of the employer. STEP 4. If CSEA may submit the grievance is not resolved at Step 3, or if no answer has been received by the SOA within the time limit set forth in Step 3, the grievance shall be presented, in writing, by the SOA to the mayor and Township Committee within five (5) working days. Upon mutual agreement by the parties, a meeting may be held on the grievance between the SOA and the mayor and Township Committee 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 mayor and Township Committee shall render a final written decision on the grievance within fifteen (15) working days of the date of its presentation or, if a meeting is held, within fifteen (15) working days thereafter setting forth the position of employerArbitration. STEP 5. If the grievance has not been satisfactorily resolved in Step 4, the SOA or the employer may refer the matter to the Public Employment Relations Commission (PERC) for selection of an arbitrator when a dispute exists regarding the interpretation and/or application of a specific provision of this Agreement. a. The decision of the arbitrator shall be final and binding upon the parties. The expense of such arbitration shall be borne equally by the parties. b. All submissions to arbitration must be made within fifteen (15) working days following the answer of the mayor and Township Committee, or within fifteen (15) working days following the time period set forth in Step 4 if no answer is furnished by the mayor and Township Committee. c. The arbitrator’s decision shall be in writing and shall be issued not later than thirty (30) calendar days after the close of the arbitration hearing. The decision shall set forth the arbitrator’s findings of fact and the reasons and conclusions on the issue(s) submitted. d. The arbitrator shall be bound by the provisions of this Agreement and shall be restricted to the application of the facts presented to him in the grievance. The arbitrator shall not have the authority to add to, modify, detract from, or alter in any way the provisions of this Agreement or any amendment or supplement thereto. e. In cases involving back pay, the arbitrator may award such back pay only to the date from which the grievance was filed. 2. All of the time limits contained in this Article may be extended by mutual consent. Unless such time limits are extended by mutual consent, the failure to observe the time limits herein stated, for presentation of the grievance or submission of said grievance to arbitration, shall constitute an abandonment of said grievance or right to arbitration and settlement thereof.

GRIEVANCE & ARBITRATION PROCEDURES. 1A. Any employee who believes he or she has a specific justifiable request or complaint in regard to wages, hours, conditions of employment or interpretation of this Agreement, shall discuss the same with his or her immediate supervisor with, or without, a Union Representative being present, as the employee may elect in an attempt to settle the issue. A grievance is hereby jointly defined as If an appeal of the interpretation, application employee discusses an issue with his or violation of policies, agreementsher Supervisor without a Union Representative being present, and administrative decisions affecting an employee(s) a satisfactory solution is not reached, the employee may request the Union Representative's presence to assist in resolving the issue. Any solution 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 settlement shall be adjusted as follows unless there are specific exceptions cited within the Agreement: STEP 1. The SOA President, or his designee, shall present and discuss the grievance(s) orally consistent with the chief terms and provisions of police, or his designee, this Agreement. Any issue not raised 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 designeeits occurrence, shall answer be deemed waived or abandoned. If the grievance orally issue is not settled within five three (53) working days after its presentation to the Supervisor, the employee or the Union Representative may proceed to Step 2 of the Grievance Procedure. B. Once the Employer has an opportunity to become aware of an occurrence, discipline will be presented and discussed within twenty-one (21) calendar days, based on employee availability. The Employer reserves the right to extend an investigation when necessary, due to extenuating circumstances, and/or employee availability, and shall notify the Union of such extension. C. In the case of suspension or discharge, either party may unilaterally waive Steps 1 and/or 2 and proceed directly to the next appropriate Step. In all other grievances, the parties may mutually agree to waive Steps 1 and/or 2 and proceed directly to the next appropriate Step. D. Should the Employer feel that there is a just complaint the matter shall be taken up with the Union Representative and if a satisfactory settlement is not reached, the Employer may proceed in an attempt to settle the issue in the same manner as outlined herein for the adjustment of an employee complaint. E. Verbal or written warnings concerning employee misconduct with respect to safety and guest courtesy shall not be considered as a basis for further disciplinary action after twenty-four (24) months from the date of its presentationissue. The use of verbal or written warnings as a basis for further discipline in all other matters shall be limited to twelve (12) months from the date of issue. The employee so notified shall be required to sign such notice, but such signing shall in no way constitute agreement with the contents of such notice. Anytime an employee signs a disciplinary memorandum, he/she shall automatically be given a copy. A copy of the warning notice will be sent to the Union. STEP 2F. Employees receiving written safe work practices and/or training information or materials from the Employer may be required to sign for receipt of such information and/or material in order to document that employees have been given said information and/or materials. G. The Employer will provide a written notice of termination, stating the reason(s) for termination, to Regular employees who have passed their probationary period and are terminated by the Employer. If This written notice will be given to the grievance is not resolved satisfactorily employee at Step 1the time of termination, or if no answer at which time the Employee will also be verbally provided the specific incident(s) leading to the termination. The written notice shall be signed by the employee in acknowledgement that a copy of the notice has been received by the SOA within employee. This notice requirement will apply only to employees who are terminated in person by the time limit set forth in Step 1Employer. Said requirement shall not apply to employees who are terminated by other means, such as by telephone, letter, fax, etc., or for employees who fail to appear for a termination meeting with management. The failure of the SOA shall present its grievance, in writing, within five (5) working days Employer to provide the written notice of termination 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 SOA 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 SOA 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 SOA and the Township administrator, at which meeting the parties may be represented by legal counsel. Said meeting employee shall not be held publicly unless a basis for 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 SOA within the time limit discharge to be set forth in Step 3, the grievance shall be presented, in writing, by the SOA to the mayor and Township Committee within five (5) working days. Upon mutual agreement by the parties, a meeting may be held on the grievance between the SOA and the mayor and Township Committee 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 mayor and Township Committee shall render a final written decision on the grievance within fifteen (15) working days of the date of its presentation or, if a meeting is held, within fifteen (15) working days thereafter setting forth the position of employer. STEP 5. If the grievance has not been satisfactorily resolved in Step 4, the SOA or the employer may refer the matter to the Public Employment Relations Commission (PERC) for selection of an arbitrator when a dispute exists regarding the interpretation and/or application of a specific provision of this Agreement. a. The decision of the arbitrator shall be final and binding upon the parties. The expense of such arbitration shall be borne equally by the parties. b. All submissions to arbitration must be made within fifteen (15) working days following the answer of the mayor and Township Committee, or within fifteen (15) working days following the time period set forth in Step 4 if no answer is furnished by the mayor and Township Committee. c. The arbitrator’s decision shall be in writing and shall be issued not later than thirty (30) calendar days after the close of the arbitration hearing. The decision shall set forth the arbitrator’s findings of fact and the reasons and conclusions on the issue(s) submitted. d. The arbitrator shall be bound by aside under the provisions of this Agreement and shall be restricted to the application of the facts presented to him in the grievance. The arbitrator shall not have the authority to add to, modify, detract from, or alter in any way the provisions of this Agreement or any amendment or supplement theretoagreement. e. In cases involving back pay, the arbitrator may award such back pay only to the date from which the grievance was filed. 2. All of the time limits contained in this Article may be extended by mutual consent. Unless such time limits are extended by mutual consent, the failure to observe the time limits herein stated, for presentation of the grievance or submission of said grievance to arbitration, shall constitute an abandonment of said grievance or right to arbitration and settlement thereof.