Common use of Grievance Definition and Grievance and Arbitration Procedure Clause in Contracts

Grievance Definition and Grievance and Arbitration Procedure. The County and the Association agree that any grievance or dispute which arises between the parties concerning the application, meaning or interpretation of this Agreement shall be settled in the manner provided in this Article. A dispute is not a grievance until the County has been notified formally in writing as set forth in this Article. The Association and employees are encouraged to attempt to informally resolve disputes with the County. The Association has the right to be present at all steps of the grievance procedure. Step I. The affected employee and/or the Association shall present the grievance in writing to the employee’s immediate supervisor within fourteen (14) calendar days after the grievant is aware or reasonably should have been aware of its occurrence. The written grievance shall include details of the grievance, the section(s) of this Agreement allegedly violated and the specific remedy requested. The immediate supervisor shall respond on the grievance that was filed at Step 1. Step II. If the grievance remains unresolved after receipt of the supervisor’s response, or the immediate supervisor’s conduct is the direct cause of the grievance, the employee shall, within seven (7) calendar days, submit a written notice to the Sheriff or designee requesting a meeting. A meeting will be held with those representatives of the Sheriff’s Administration, the employee, the Association, and the Human Resource Director within seven (7) calendar days of the receipt of the employee’s request. At the meeting, the parties shall exchange all information relevant for resolution of the grievance, and attempt to resolve the grievance. Within seven (7) calendar days of that meeting, the Sheriff’s designee shall notify in writing the Association and the affected employee as to whether or not the grievance is granted. All disciplinary grievances will start at Step II of this grievance procedure and shall be filed within fourteen (14) calendar days from the date discipline is received by the employee. Step III. If the grievance is still unsettled, the Association shall, within seven (7) calendar days after the response of the Sheriff’s designee appeal the grievance to the Sheriff. The Sheriff has seven (7) calendar days to respond. Step IV. Mediation: In the event no agreement is reached in Step III and within 14 days of the Sheriff’s response in Step III, either party, the Union or the County, may request mediation. The parties will agree to a mutually acceptable mediator or agree to use a mediator appointed by the XXX or other agreed provider. Costs for the mediator shall be shared. Mediation will have a cap of 60 days from notice of election to mediate. The parties must meet at least twice in the mediation process, unless otherwise agreed, and the parties agree to act in good faith to resolve the dispute. If the grievance remains unsettled after the 60 days, either party may move to Step V, Binding Arbitration. Request for Arbitration by the moving party must be within the next 30 days or the grievance ends. The parties may mutually agree to extend the 60 days, but such must occur before the expiration of the initial 60 days. Step V. If the grievance remains unresolved within fourteen (14) calendar days after receipt of the response by the Sheriff or conclusion of Step IV. the Association may have the matter arbitrated by a third party jointly agreed upon by the County and the Association. If the parties are unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a list of thirteen (13) arbitrators. The parties shall then select the arbitrator from this list of names, by alternately striking names from the list, with the party losing a coin toss going first. The designated arbitrator shall hear both parties as soon as possible on the disputed matter and shall render a decision within thirty (30) days, which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore, or add provisions to the Agreement, but shall be limited to consideration of the particular issue presented. The arbitrator’s decision shall be based solely upon the arbitrator’s interpretation on the meaning and application of the Agreement, and such decision shall be final and binding on all parties. Expenses for the arbitrator shall be borne by the losing party; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Grievance Definition and Grievance and Arbitration Procedure. The County and the Association agree that any grievance or dispute which arises between the parties concerning the application, meaning or interpretation of this Agreement shall be settled in the manner provided in this Article. A dispute is not a grievance until the County has been notified formally in writing as set forth in this Article. The Association and employees are encouraged to attempt to informally resolve disputes with the County. The Association has the right to be present at all steps of the grievance procedure. Step I. The affected employee and/or the Association shall present the grievance in writing to the employee’s immediate supervisor within fourteen (14) calendar days after the grievant is aware or reasonably should have been aware of its occurrence. The written grievance shall include details of the grievance, the section(s) of this Agreement allegedly violated violated, and the specific remedy requested. The immediate supervisor shall respond on the grievance that was filed at Step 1. Step II. If the grievance remains unresolved after receipt of the supervisor’s response, or the immediate supervisor’s conduct is the direct cause of the grievance, the employee shall, within seven (7) calendar days, submit a written notice to the Sheriff or designee requesting a meeting. A meeting will be held with those representatives of the Sheriff’s Administration, the employee, the Association, and the Human Resource Director within seven (7) calendar days of the receipt of the employee’s request. At the meeting, the parties shall exchange all information relevant for resolution of the grievance, grievance and attempt to resolve the grievance. Within seven (7) calendar days of that meeting, the Sheriff’s designee shall notify in writing the Association and the affected employee as to whether or not the grievance is granted. All disciplinary grievances will start at Step II of this grievance procedure and shall be filed within fourteen (14) calendar days from the date discipline is received by the employee. Step III. If the grievance is still unsettled, the Association shall, within seven (7) calendar days after the response of the Sheriff’s designee appeal the grievance to the Sheriff. The Sheriff has seven (7) calendar days to respond. Step IV. Mediation: In the event no agreement is reached in Step III and within 14 days of the Sheriff’s response in Step III, either party, the Union or the County, may request mediation. The parties will agree to a mutually acceptable mediator or agree to use a mediator appointed by the XXX or other agreed provider. Costs for the mediator shall be shared. Mediation will have a cap of 60 days from notice of election to mediate. The parties must meet at least twice in the mediation process, unless otherwise agreed, and the parties agree to act in good faith to resolve the dispute. If the grievance remains unsettled after the 60 days, either party may move to Step V, Binding Arbitration. Request for Arbitration by the moving party must be within the next 30 days or the grievance ends. The parties may mutually agree to extend the 60 days, but such must occur before the expiration of the initial 60 days. Step V. If the grievance remains unresolved within fourteen (14) calendar days after receipt of the response by the Sheriff or conclusion of Step IV. , the Association may have the matter arbitrated by a third party jointly agreed upon by the County and the Association. If the parties are unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a list of thirteen (13) arbitrators. The parties shall then select the arbitrator from this list of names, by alternately striking names from the list, with the party losing a coin toss going first. The designated arbitrator shall hear both parties as soon as possible on the disputed matter and shall render a decision within thirty (30) days, which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore, or add provisions to the Agreement, but shall be limited to consideration of the particular issue presented. The arbitrator’s decision shall be based solely upon the arbitrator’s interpretation on the meaning and application of the Agreement, and such decision shall be final and binding on all parties. Expenses for the arbitrator shall be borne by the losing party; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. For grievances contesting imposition of formal discipline upon a law enforcement officer, the parties will adhere to the process provided by ORS 243.808 and the Employment Relations Board.