Common use of Grievance Dispute Resolution Procedure Clause in Contracts

Grievance Dispute Resolution Procedure. • Step 1: Informal Resolution • The Individual Provider and/or a Union representative may confer with the DHS- designated representative and attempt to resolve the issue informally. • Where issues arise involving a Fiscal Intermediary, in recognition of the partnership with Fiscal Intermediaries, the Individual Provider and/or a Union representative may contact the Fiscal Intermediary and attempt to resolve the issue informally. A DHS-designated representative shall be included in or copied on all such communication between the Individual Provider and/or Union representative and the Fiscal Intermediary. • Step 2: Written Grievance • If the Union wishes to initiate a formal grievance, the Union representative, may consult with the Individual Provider. The Union Representative or Individual Provider, shall, on a form supplied by the Union, set forth the grievance in writing, including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, the specific remedy requested, and attach any supporting documentation. Where supporting documentation is required, the Union shall provide such documentation within twenty- one (21) calendar days of filing the grievance. • The written grievance shall be submitted to the DHS-designated representative within twenty- one (21) calendar days of the occurrence of the alleged violation or within twenty-one (21) calendar days of when the Individual Provider or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email. • The DHS designee shall contact the Union representative within seven (7) calendar days of receipt of the written grievance, and schedule a meeting in order to discuss and resolve the grievance. Subsequent to this meeting, DHS shall provide a written response to the grievance to the Union by email within ten (10) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within twenty- one (21) calendar days of the date the written response is given or due, proceed to Step 4, Arbitration. • Step 3 (Optional): Mediation • As an alternative prior to final and binding arbitration in Step 4, if the grievance is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation through the Minnesota Bureau of Mediation Services (“BMS”) to resolve it. • Step 4: Arbitration • If the grievance is not settled at Step 2 or Step 3, the Union may appeal the grievance in writing to final and binding arbitration. The written appeal must be submitted to the Assistant State Negotiator of Minnesota Management and Budget or the Minnesota Management and Budget Commissioner’s designee. Any grievance that is not appealed in writing by the Union to the Assistant State Negotiator or the Minnesota Management and Budget Commissioner’s designee within twenty- one (21) calendar days after DHS’s written answer is submitted or due shall be waived. • The arbitration proceeding shall be conducted by an Arbitrator to be selected from a panel of seven (7) arbitrators obtained from BMS. The Arbitrator shall be selected from the panel by the following method: the Union and the State shall each strike names from the list, alternating choices of names to strike, until only one arbitrator remains. The remaining arbitrator shall hear the grievance and decide the case. The party that strikes first shall be determined by coin toss. • The award of the Arbitrator shall be final and binding upon both parties. • The parties shall each pay one half (1/2) the costs or fees, if any, of the Arbitrator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party’s appointed representatives. • The Arbitrator shall be without power to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall consider and decide only the specific issue submitted in writing by the State and the Union, and shall have no authority to make a decision on any other issue not so submitted. • The Arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law.

Grievance Dispute Resolution Procedure. • Step 1: Informal Resolution • o The Individual Provider and/or a Union representative may confer with the DHS- designated representative and attempt to resolve the issue informally. • Where issues arise involving a Fiscal Intermediary, in recognition of the partnership with Fiscal Intermediaries, the Individual Provider and/or a Union representative may contact the Fiscal Intermediary and attempt to resolve the issue informally. A DHS-designated representative shall be included in or copied on all such communication between the Individual Provider and/or Union representative and the Fiscal Intermediary. • Step 2: Written Grievance • o If the Union wishes to initiate a formal grievancegrievance is not resolved at Step 1, the Union representative, may consult with or without the Individual Provider. The Union Representative or Individual Provider, shall, on a form supplied by the Union, set forth the grievance in writing, including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested, and attach any supporting documentation. Where supporting documentation is required, the Union shall provide such documentation within twenty- one (21) calendar days of filing the grievance. • o The written grievance shall be submitted to the DHS-designated representative within twenty- twenty one (21) calendar days of the occurrence of the alleged violation or within twenty-twenty one (21) calendar days of when the Individual Provider or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email. • o The DHS designee shall contact meet with the grievant and his or her Union representative within seven (7) calendar days of receipt of the written grievance, and schedule a meeting in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, DHS shall provide a written response to the grievance to the Union by email within ten seven (107) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within twenty- twenty-one (21) calendar days of receipt of the date the written response is given or dueresponse, proceed to Step 4, Arbitration. • Step 3 (Optional): Mediation • o As an alternative prior to final and binding arbitration in Step 4, if the grievance is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation through the Minnesota Bureau of Mediation Services (“BMS”) to resolve it. • Step 4: Arbitration • o If the grievance is not settled at Step 2 or Step 3, the Union may appeal refer it, within the grievance in writing time frames noted above, to final and binding arbitration. The written appeal must be submitted to the Assistant State Negotiator of Minnesota Management and Budget or the Minnesota Management and Budget Commissioner’s designee. Any grievance that is not appealed in writing by the Union to the Assistant State Negotiator or the Minnesota Management and Budget Commissioner’s designee within twenty- one (21) calendar days after DHS’s written answer is submitted or due shall be waived. • o The arbitration proceeding shall be conducted by an Arbitrator to be selected from a panel of seven (7) arbitrators obtained from BMS. The Arbitrator shall be selected from the panel by the following method: the Union and the State shall each strike names from the list, alternating choices of names to strike, until only one arbitrator remains. The remaining arbitrator shall hear the grievance and decide the case. The party that strikes first shall be determined by coin toss. • o The award of the Arbitrator shall be final and binding upon both parties. • o The parties shall each pay one half (1/2) the costs or fees, if any, of the Arbitrator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party’s appointed representatives. • o The Arbitrator shall be without power to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall consider and decide only the specific issue submitted in writing by the State and the Union, and shall have no authority to make a decision on any other issue not so submitted. • o The Arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law.

Grievance Dispute Resolution Procedure. •  Step 1: Informal Resolution • o The Individual Provider and/or a Union representative may confer with the DHS- designated representative and attempt to resolve the issue informally. • o Where issues arise involving a Fiscal Intermediary, in recognition of the partnership with Fiscal Intermediaries, the Individual Provider and/or a Union representative may contact the Fiscal Intermediary and attempt to resolve the issue informally. A DHS-designated representative shall be included in or copied on all such communication between the Individual Provider and/or Union representative and the Fiscal Intermediary. •  Step 2: Written Grievance • o If the grievance is not resolved at Step 1,If the Union wishes to initiate a formal grievance, the Union representative, may consult with or without the Individual Provider. The Union Representative or Individual Provider, shall, on a form supplied by the Union, set forth the grievance in writing, including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested, and attach any supporting documentation. Where supporting documentation is required, the Union shall provide such documentation within twenty- one (21) calendar days of filing the grievance. • o The written grievance shall be submitted to the DHS-designated representative within twenty- twenty one (21) calendar days of the occurrence of the alleged violation or within twenty-twenty one (21) calendar days of when the Individual Provider or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email. • o The DHS designee shall meet with the grievant and his or her contact the Union representative within seven (7) calendar days of receipt of the written grievance, and schedule a meeting in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, DHS shall provide a written response to the grievance to the Union by email within seven (7) ten (10) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within twenty- twenty-one (21) calendar days of receipt of the response the date the written response is given or due, proceed to Step 4, Arbitration. •  Step 3 (Optional): Mediation • o As an alternative prior to final and binding arbitration in Step 4, if the grievance is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation through the Minnesota Bureau of Mediation Services (“BMS”) to resolve it. •  Step 4: Arbitration • o If the grievance is not settled at Step 2 or Step 3, the Union may refer it appeal the grievance in writing writing, within the time frames noted above, to final and binding arbitration. The written appeal must be submitted to the Assistant State Negotiator of Minnesota Management and Budget or the Minnesota Management and Budget Commissioner’s designee. Any grievance that is not appealed in writing by the Union to the Assistant State Negotiator or the Minnesota Management and Budget Commissioner’s designee within twenty- twenty-one (21) calendar days after DHS’s written answer is submitted or due shall be waived. • o The arbitration proceeding shall be conducted by an Arbitrator to be selected from a panel of seven (7) arbitrators obtained from BMS. The Arbitrator shall be selected from the panel by the following method: the Union and the State shall each strike names from the list, alternating choices of names to strike, until only one arbitrator remains. The remaining arbitrator shall hear the grievance and decide the case. The party that strikes first shall be determined by coin toss. • o The award of the Arbitrator shall be final and binding upon both parties. • o The parties shall each pay one half (1/2) the costs or fees, if any, of the Arbitrator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party’s appointed representatives. • o The Arbitrator shall be without power to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall consider and decide only the specific issue submitted in writing by the State and the Union, and shall have no authority to make a decision on any other issue not so submitted. • o The Arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law.

Grievance Dispute Resolution Procedure. • Step 1: Informal Resolution • ▪ The Individual Provider and/or a Union representative may confer with the DHS- DHS‐ designated representative and attempt to resolve the issue informally. • ▪ Where issues arise involving a Fiscal Intermediary, in recognition of the partnership with Fiscal Intermediaries, the Individual Provider and/or a Union representative may contact the Fiscal Intermediary and attempt to resolve the issue informally. A DHS-designated DHS‐designated representative shall be included in or copied on all such communication between the Individual Provider and/or Union representative and the Fiscal Intermediary. • Step 2: Written Grievance • ▪ If the Union wishes to initiate a formal grievance, the Union representative, representative may consult with the Individual Provider. The Union Representative representative or Individual Provider, shall, on a form supplied by the Union, set forth the grievance in writing, including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, the specific remedy requested, and attach any supporting documentation. Where supporting documentation is required, the Union shall provide such documentation within twenty- one twenty‐one (21) calendar days of filing the grievance. • ▪ The written grievance shall be submitted to the DHS-designated DHS‐designated representative within twenty- one twenty‐one (21) calendar days of the occurrence of the alleged violation or within twenty-one twenty‐one (21) calendar days of when the Individual Provider or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email. • ▪ The DHS designee shall contact the Union representative within seven (7) calendar days of receipt of the written grievance, and schedule a meeting in order to discuss and resolve the grievance. Subsequent to this meeting, DHS shall provide a written response to the grievance to the Union by email within ten (10) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within twenty- one twenty‐one (21) calendar days of the date the written response is given or due, proceed to Step 4, Arbitration. In cases where DHS becomes aware through the Step 2 grievance process about the Fiscal Intermediary’s potential need for technical assistance with the Fair Labor Standards Act or Minnesota’s legal protections against wage theft, DHS will inform the Fiscal Intermediary on where to find official guidance (e.g., Department of Labor and Industry) on compliance with their responsibilities under the Fair Labor Standards Act or Minnesota’s legal protections against wage theft. • Step 3 (Optional): Mediation • ▪ As an alternative prior to final and binding arbitration in Step 4, if the grievance is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation through the Minnesota Bureau of Mediation Services (“BMS”) to resolve it. • Step 4: Arbitration • ▪ If the grievance is not settled at Step 2 or Step 3, the Union may appeal the grievance in writing to final and binding arbitration. The written appeal must be submitted to the Assistant State Negotiator of Minnesota Management and Budget or the Minnesota Management and Budget Commissioner’s designee. The Parties agree that prolonged delays in taking matters to arbitration can make it challenging to the arbitrator, and for both parties, to effectively address the alleged contract violation being arbitrated. Any grievance that is not appealed in writing by the Union to the Assistant State Negotiator or the Minnesota Management and Budget Commissioner’s designee within twenty- one (21) calendar days after DHS’s written answer is submitted or due shall be waived. • The arbitration proceeding shall be conducted by an Arbitrator to be selected from a panel of seven (7) arbitrators obtained from BMS. The Arbitrator shall be selected from the panel by the following method: the Union and the State shall each strike names from the list, alternating choices of names to strike, until only one arbitrator remains. The remaining arbitrator shall hear the grievance and decide the case. The party that strikes first shall be determined by coin toss. • The award of the Arbitrator shall be final and binding upon both parties. • The parties shall each pay one half (1/2) the costs or fees, if any, of the Arbitrator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party’s appointed representatives. • The Arbitrator shall be without power to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall consider and decide only the specific issue submitted in writing by the State and the Union, and shall have no authority to make a decision on any other issue not so submitted. • The Arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law.twenty‐one