Common use of Grievance Hearing Clause in Contracts

Grievance Hearing. If the Local Union or the unrepresented employee is not satisfied with the Step 1 disposition by the Assistant County Administrator, the Union or unrepresented employee may file the grievance with the County Administrator (or his/her designated representative) provided it is filed within ten (10) working days after receipt of the Step 1 response. Within ten (10) working days after receipt of the grievance, the County Administrator (or his/her designated representative) shall contact the Union’s Business Agent to set up a meeting with the Union and the grievant to discuss the grievance. The County Administrator (or his/her designated representative) shall issue a written response within ten (10) working days of the meeting to the Union and the grievant. The County’s response shall contain the reason(s) for the decision and shall be delivered by hand delivery, or by U.S. certified mail, with a copy forwarded to the Business Agent. If the matter can be resolved at this step, no further action will be needed. STEP 3 ARBITRATION If the grievance is not resolved at Step 2, the Union has the right to proceed to Arbitration as follows: Within thirty (30) working days of the Step 2 response, the Union can initiate arbitration only by submitting a written request for a seven (7) person panel “Metropolitan” list from the Federal Mediation and Conciliation Service (FMCS). Once the list of seven (7) arbitrators is received by the County and the Union, the parties will alternately strike panel members until only one member remains. The sole remaining panel member shall arbitrate the grievance. When arbitrability is raised by the County with respect to any grievance, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to commencement of an arbitration hearing on the grievance itself. The arbitrator’s decision shall not amend, modify, nullify, ignore or add to the provisions of this Agreement. The arbitrator’s authority shall be strictly limited to the issue(s) presented by the parties and the decision must be based solely on interpretation of the meaning of the express relevant language of the Agreement. Each party shall bear the full costs for its representation in the arbitration proceedings. The parties shall share the cost of the arbitrator equally. Arbitration hearings shall be conducted in a County designated meeting room in New Port Xxxxxx, Florida.

Appears in 3 contracts

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

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Grievance Hearing. If the Local Union or the unrepresented employee is not satisfied with the Step 1 disposition by the Assistant County AdministratorDepartment Head or designee, the Union or unrepresented employee may file the grievance with the Assistant County Administrator (or his/her designated representative) designee provided it is filed within ten twenty (1020) working days after receipt of the Step 1 response. Within ten (10) working days after receipt of the grievance, the Assistant County Administrator (or his/her designated representativedesignee) shall contact the Union’s Business Agent to set up a meeting with the Union and the grievant to discuss the grievance. On or before the meeting the Union must file all documents the Union relies on as supporting the grievance. Documents not timely submitted may not be offered in evidence or referred to at an arbitration hearing. The Assistant County Administrator (or his/her designated representative) designee shall issue a written response within ten (10) working days of the meeting to the Union and the grievant. The County’s response shall contain the reason(s) for the decision and shall be delivered by hand delivery, or by U.S. certified mail, with a copy forwarded to the Business Agent. If the matter can be resolved at this step, no further action will be needed. STEP 3 ARBITRATION If the grievance is not resolved at Step 2, the Union has the right to proceed to Arbitration as follows: Within thirty (30) working days of the Step 2 response, the Union can initiate arbitration only by submitting a written request for a seven (7) person panel “Metropolitan” list from the Federal Mediation and Conciliation Service (FMCS). Once the list of seven (7) arbitrators is received by the County and the Union, the parties will alternately strike panel members until only one member remains. The sole remaining panel member shall arbitrate the grievance. When arbitrability is raised by the County with respect to any grievance, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to commencement of an arbitration hearing on the grievance itself. The determination of arbitrability will be resolved by submission of written briefs supported by affidavit. If the arbitrator determines a matter is arbitrable, the arbitration shall proceed but the ruling on arbitrability is not final until incorporated in the arbitrator’s final ruling in the arbitration. The arbitrator’s decision shall not amend, modify, nullify, ignore ignore, or add to the provisions of this Agreement. The arbitrator’s authority shall be strictly limited to the issue(s) presented by the parties and the decision must be based solely on interpretation of the meaning of the express relevant language of the Agreement. Each party All fees and expenses of arbitration, including the arbitrator, court reporter, and transcripts, shall be divided equally between the Union and the County; however, each Party shall fully bear the full costs for expense of preparing and presenting its representation in the arbitration proceedings. The parties shall share own case, including the cost of lay or expert witnesses and other people it requires to attend the arbitrator equallyarbitration. Arbitration hearings shall be conducted in a County designated meeting room in New Port Xxxxxx, Florida, or such other location in Pasco County as agreed to by the County and Union. The Union will pay all facility costs if a location requested by the Union other than a County facility is agreed to.

Appears in 1 contract

Samples: Agreement

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