Common use of GRIEVANCE PROCEDURE (Continued Clause in Contracts

GRIEVANCE PROCEDURE (Continued. C. The arbitrators shall have no authority to add to, subtract from, change or modify any provisions of this Agreement. However, nothing contained herein shall be construed to limit the authority of the arbitrator, in his judgment, to fashion any remedy necessary to make the grievant whole. The arbitrator shall only make an award in favor of any grievance upon an express finding of a violation of this Agreement. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction. D. All costs of any arbitration shall be borne equally by the two parties. Each party shall be responsible for the expenses of its own witnesses. Grievances must be taken up promptly and no grievance will be considered or discussed which is presented later than five (5) days, exclusive of Saturdays, Sundays or holidays, after such alleged grievance has taken place or the employee should have reasonably been made aware of it. E. Notwithstanding the above proceedings, it shall be the right of the individual employee at any time, to process grievances and have the grievance adjusted without intervention of the bargaining representative, so long as the adjustment is not inconsistent with the terms of this Collective Bargaining Agreement. F. The chief xxxxxxx or such designated representative of the Union, shall be allowed reasonable time for the investigation and presentation of grievances with the City in accordance with the provisions of this Agreement. Before leaving his/her place of work he/she must receive permission to do so from his superior which permission shall be granted within the twenty-four (24) hours next following the employee's request; such time shall be allowed without loss of pay. The representative shall report to the employee's superior upon his/her completion of the investigation.

GRIEVANCE PROCEDURE (Continued. C. The arbitrators shall have no authority to add to, subtract from, change or modify any provisions of this Agreement. However, nothing contained herein shall be construed to limit the authority of the arbitrator, in his judgment, to fashion any remedy necessary to make the grievant whole. The arbitrator shall only make an award in favor of any grievance upon an express finding of a violation of this Agreement. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction. D. All costs of any arbitration shall be borne equally by the two parties. Each party shall be responsible for the expenses of its own witnesses. Grievances must be taken up promptly and no grievance will be considered or discussed which is presented later than five (5) days, exclusive of Saturdays, Sundays or holidays, after such alleged grievance has taken place or the employee should have reasonably been made aware of it. E. Notwithstanding the above proceedings, it shall be the right of the individual employee at any time, to process grievances and have the grievance adjusted without intervention of the bargaining representative, so long as the adjustment is not inconsistent with the terms of this Collective Bargaining Agreement. F. The chief xxxxxxx or such designated representative of the Union, shall be allowed reasonable time for the investigation and presentation of grievances with the City in accordance with the provisions of this Agreement. Before leaving his/her place of work he/she must receive permission to do so from his superior which permission shall be granted within the twenty-four (24) hours next following the employee's request; such time shall be allowed without loss of pay. The representative shall report to the employee's superior upon his/her completion of the investigation. In imposing disciplinary action on a current charge, the employer will not take into account any prior disciplinary infraction which occurred more than two (2) years previously to said disciplinary action.

GRIEVANCE PROCEDURE (Continued. C. The arbitrators shall have no authority to add to, subtract from, change or modify any provisions of this Agreement. However, nothing contained herein agree upon an arbitrator within ten (10) working days he shall be construed selected according to limit the authority rules of the arbitratorAmerican Arbitration Association, which shall also govern the arbitration proceedings. Neither party may raise a new defense or ground in his judgment, such arbitration proceeding not previously raised or disclosed at other written levels. The Employer and the Association shall not be permitted to fashion insert in such arbitration proceeding any remedy necessary evidence not previously disclosed to make the grievant wholeother party. Expedited arbitration shall be employed upon mutual agreement by both parties. The arbitrator shall only make an award have no power to alter, modify, add to, or subtract from the provisions of this agreement. His authority shall be limited to deciding whether a specific article and section of this agreement has been violated and shall be subject to, in favor all cases, the rights, responsibilities and authority of the parties under the Michigan School Code or any other laws. The arbitrator shall not usurp the functions of the Employer or the proper exercise of its judgment and discretion under law and this agreement. Nor shall the arbitrator have any power to interpret state or federal law, or to hear any grievance upon an express finding previously barred from the scope of a violation of this Agreementthe grievance procedure. The decision of the arbitrator arbitrator, if within the scope of his authority as above set forth, shall be final and binding binding. Both parties agree to be bound by the award of the arbitrator. The arbitrator's fee and may be enforced in any court other expenses of competent jurisdiction. D. All costs of any arbitration shall be borne shared equally by the two parties. Each party shall be responsible for bear their own expense in connection with arbitration proceedings, including but not limited to: the fees, expenses and wages of its own witnesses. Grievances must be taken up promptly witnesses and no grievance will be considered or discussed which is presented later than five (5) days, exclusive participants whose presence they request; preparation of Saturdays, Sundays or holidays, after such alleged grievance has taken place or the employee should have reasonably been made aware of ittestimony and exhibits; representation. E. Notwithstanding Should an employee fail to institute or appeal a decision within the above proceedingstime limit specified, it or leave the employ of the Employer, all further proceedings on a previously instituted grievance (except a claim involving a remedy directly benefiting the grievant regardless of his employment) shall be the right of the individual employee at any timebarred, to process grievances and have the grievance adjusted without intervention of the bargaining representative, so long as the adjustment is not inconsistent with the terms of this Collective Bargaining Agreementby that employee. F. The chief xxxxxxx Any employee, group of employees, or such designated representative of the Union, Association may initiate a grievance. An Association grievance shall be allowed reasonable time for the investigation and presentation filed within ten (10) days of grievances with the City in accordance with the provisions its alleged occurrence or knowledge of this Agreement. Before leaving his/her place of work he/she must receive permission to do so from his superior which permission shall be granted within the twenty-four (24) hours next following the employee's request; such time shall be allowed without loss of pay. The representative shall report to the employee's superior upon his/her completion of the investigationits alleged occurrence, at Level Three.