Common use of Grievance Definition and Procedure Clause in Contracts

Grievance Definition and Procedure. A grievance under this Agreement is a dispute arising out of the interpretation or application of express provisions of this Agreement. If an employee feels he has a grievance that he wishes to pursue, he shall proceed in the following manner, however Union directors may still file grievances on behalf of a class of bargaining unit members: Step 1. Supervisor An employee having a grievance and/or his Union representative shall arrange a meeting with the employee’s immediate supervisor for the purpose of discussing the grievance. Failing to obtain a satisfactory resolution, the employee may proceed to the next step. Step 2. Chief of Police The employee and/or the Union representative shall reduce his grievance to writing, sign it, and with his Union representative and/or attorney, if he so desires, present the grievance to the Chief of Police within fifteen (15) days of the occurrence giving rise to the grievance, or within fifteen (15) days of when the employee should have known of the occurrence giving rise to the grievance, but under no circumstances more than thirty (30) days after the occurrence giving rise to the grievance. The Chief of Police shall attempt to resolve the grievance and shall respond in writing to the grievant within seven (7) days. Step 3. Trustees If the grievance remains unresolved, it shall be presented by the employee, with his Union representative if he so desires, to a designated member of the Board of Trustees and/or the Trustees’ representative within seven (7) days after the response of the Chief. Either party may request a hearing prior to the formal response by the Trustees or the representative. The Trustees or their representative shall respond in writing within seven (7) days, if no hearing is held. If a hearing is requested, the Trustees or their representative shall respond in writing within seven (7) days after the hearing has concluded. Step 4. Arbitration If the decision of the Trustees or their representative is not satisfactory, then the Union shall notify the Employer in writing within ten (10) days after response that the grievance is to be submitted to arbitration. Either party may request FMCS or any other mutually agreeable service to provide a list of seven (7) available arbitrators. Within ten (10) days after receipt of such panel, the parties shall meet to select the arbitrator. The party to strike the first name shall be chosen by lot. Arbitration shall be limited to matters concerning the interpretation or application of express provisions of this Agreement. The arbitrator shall have no authority to add to, subtract from, or alter in any way the provisions of this Agreement, nor shall he have authority to exercise discretion in those areas in which the Employer is granted discretion. The Employer and the Union shall each pay any expenses incurred with respect to preparation and presentation of its case to the arbitrator; any expenses incurred with respect to the services of the arbitrator shall be borne by the losing party. The decision of the arbitrator shall be final and binding upon the parties.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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