Common use of Grievance Procedure Steps Clause in Contracts

Grievance Procedure Steps. 1. This procedure shall be initiated within thirty (30) working days of the time that the grievant knew or should have known of the event giving rise to the grievance. a. Step 1 - Within five (5) working days of the receipt of the Grievance Report (Form A), the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) working days after such meeting and return a copy to the grievant and the Superintendent. No records will be placed in any member's file as a result of Step 1 of the procedure. b. Step 2 - If the grievant is not satisfied with the disposition of the grievance in Step 1, the grievant shall, within ten (10) working days of such disposition, submit a Report Form and disposition to the Superintendent who shall, within twenty (20) working days, meet with the grievant. Within twenty (20) working days of this meeting, the Superintendent shall write a disposition of the grievance and forward a copy to the grievant, the Association, and the immediate supervisor. c. Step 3: Arbitration 1) If the grievant(s) is/are not satisfied with the written disposition of the grievance by the Superintendent or if no disposition has been made within twenty (20) working days after the date of filing with the Superintendent, whichever is later, the grievance may be submitted to arbitration. 2) The Superintendent or his/her designee and the Association President or his/her designee will meet within five (5) working days to attempt to mutually agree to an arbitrator. If the parties are unable to agree to an arbitrator, either party, individually or jointly, shall request a list of seven (7) names of experienced arbitrators from the American Arbitration Association (AAA). 3) Upon receipt of this list, the Superintendent or his/her designee and the Association President or his/her designee shall meet within ten (10) working days to select the arbitrator. The arbitrator shall be selected by alternately striking names, with the party who strikes the first name being determined by the flip of a coin. If either party or both of the parties find the list to be unacceptable, another list may be requested from the AAA. Upon the receipt of this final list, the arbitrator shall be selected in the above fashion by the alternate striking of names. 4) Upon selection of the arbitrator, a hearing date(s) shall be set pursuant to AAA administrative procedures and the hearing shall be conducted according to the arbitration rules of the AAA. 5) The arbitrator shall render his/her decision within thirty (30) days of the close of the hearing which shall be binding on all parties. 6) The arbitrator shall have no power to add to, subtract from or otherwise modify the terms and conditions of this negotiated agreement, nor shall the arbitrator be permitted to make a decision which is contrary to law. 7) The cost of the arbitrator will be paid by the Board if the decision is in favor of the grievant. If the decision is in favor of the Board, the Association or the grievant will pay the costs. If the decision favors both sides, which shall be stated in the arbitrator's decision, then the cost of arbitration will be divided equally between both parties. All other costs shall be borne by the party incurring said costs.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Grievance Procedure Steps. Step 1. This procedure : The employee, and/or an employee organization official if desired by the employee, shall be initiated discuss the issue with the immediate supervisor. Step 2: The employee, or an employee organization official if desired by the employee, shall reduce the issue to writing and refer the matter to the General Manager of the District within thirty (30) 20 working days of after the time that the grievant knew facts or should have known of the event circumstances giving rise to the grievance. a. Step 1 - Within five (5) working days of the receipt of the Grievance Report (Form A), the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) working days after such meeting and return a copy are available to the grievant and employee, or in the Superintendent. No records will be placed in any member's file as a result case of Step 1 of disciplinary action against the procedure. b. Step 2 - If the grievant is not satisfied with the disposition of the grievance in Step 1, the grievant shallemployee, within ten (10) working days after (1) the employee is given written notice of such dispositionthe discipline, submit or (2) a Report Form written determination is made after a pre-disciplinary review, whichever date is later in time. The written grievance shall state the facts, identify the provisions of the MOU alleged to have been violated, and disposition state the desired remedy. If necessary to resolve the issue, either party may request that an informal meeting be held in order to gather pertinent information. If the dispute is resolved, it shall be reduced to writing and jointly executed by the parties. If the dispute is not resolved within ten (10) working days after the General Manager's receipt of referral, then the employee shall immediately proceed to the Superintendent who next step. Step 3: The employee, or an employee organization official if desired by the employee, shall, within twenty fifteen (2015) working days, meet with the grievant. Within twenty (20) working days of this meeting, the Superintendent shall write a disposition General Manager's receipt of the grievance and forward a copy to the grievantreferral in Step 2, (a) The employee, the Association, and the immediate supervisor. c. Step 3: Arbitration 1) If the grievant(s) is/are not satisfied with the written disposition of the grievance or an employee organization official if desired by the Superintendent or if no disposition has been made employee, shall refer the issue to Advisory Arbitration within twenty (20) working days after receipt of the date District's response in the foregoing step. The parties shall cooperate in the prompt appointment of filing with the Superintendent, whichever is later, the grievance may be submitted to arbitration. 2) The Superintendent or his/her designee and the Association President or his/her designee will meet within five (5) working days to attempt to mutually agree to an arbitratorAdvisory Arbitrator. If the parties are unable fail to agree to an arbitratorupon the Advisory Arbitrator, either party, individually or jointlyupon written request to the other, shall may request the Federal Mediation and Conciliation Service to provide the parties a list panel of seven (7) names of experienced arbitrators from the American Arbitration Association (AAA). 3) Arbitrators. Upon receipt of this list, such panel the Superintendent or his/her designee and parties will proceed promptly to select an Advisory Arbitrator by alternately striking one name from the Association President or his/her designee panel. The last remaining shall meet serve as the Advisory Arbitrator. The Advisory Arbitrator shall make a written recommendation to the Board of Directors with respect to the issue submitted for arbitration. The Board of Directors shall issue a final written decision within ten (10) working days to select the arbitrator. The arbitrator shall be selected by alternately striking names, with the party who strikes the first name being determined by the flip of a coin. If either party or both of the parties find the list to be unacceptable, another list may be requested from the AAA. Upon the receipt of this final list, the arbitrator recommendation. The cost of Arbitration shall be selected equally borne by the District and the referring party, except each party shall assume the cost of their presentations. The following rules shall apply at the arbitration: Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses on any relevant matter even though the matter was not covered in the above fashion by direct examination. If the alternate striking of names. 4) Upon selection of the arbitratoremployee does not testify in employee's own behalf, a hearing date(s) shall employee may be set pursuant to AAA administrative procedures called and the cross-examined. The hearing shall not be conducted according to technical evidence rules. Any relevant evidence shall be admitted if it is the arbitration rules sort of evidence on which responsible persons are accustomed to rely in the AAAconduct of serious affairs, regardless of its admissibility in civil actions. Hearsay evidence, otherwise inadmissible in civil actions, may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding. (b) This disciplinary appeal procedure may be utilized by all bargaining unit employees who have been disciplined by the District (excluding written reprimands) and for disputed employee promotions. Note: An employee disputing a penalty of a suspension without pay in excess of five (5) The arbitrator days pay during a twelve (12) month period, or a discharge shall render his/her decision within thirty (30) days of the close of the hearing which shall be binding on all parties. 6) The arbitrator shall have no power to add to, subtract from or otherwise modify the terms forego Step 1 and conditions 2 of this negotiated agreement, nor shall the arbitrator be permitted to make a decision which is contrary to lawprocedure. 7) The cost of the arbitrator will be paid by the Board if the decision is in favor of the grievant. If the decision is in favor of the Board, the Association or the grievant will pay the costs. If the decision favors both sides, which shall be stated in the arbitrator's decision, then the cost of arbitration will be divided equally between both parties. All other costs shall be borne by the party incurring said costs.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Grievance Procedure Steps. 1. This procedure shall be initiated within thirty (30) working days of the time that the grievant knew or should have known of the event giving rise to the grievance. a. Step 1 - Within five (5) working days of the receipt of the Grievance Report Form (Form A), the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) working days after such meeting and return a copy to the grievant and the Superintendent. No records will be placed in any bargaining unit member's ’s file as a result of Step 1 of the procedure. b. Step 2 - If the grievant is not satisfied with the disposition of the grievance in Step 1, the grievant shall, within ten (10) working days of such disposition, submit a Report Form and disposition to the Superintendent who shall, within twenty (20) working days, meet with the grievant. Within twenty (20) working days of this meeting, the Superintendent shall write a disposition of the grievance and forward a copy to the grievant, the Association, and the immediate supervisor. c. Step 3: Arbitration 1) If the grievant(s) is/are not satisfied with the written disposition of the grievance by the Superintendent or if no disposition has been made within twenty (20) working days after the date of filing with the Superintendent, whichever is later, the grievance may be submitted to arbitration. 2) The Superintendent or his/her designee and the Association President or his/her designee will meet within five (5) working days to attempt to mutually agree to an arbitrator. If the parties are unable to agree to an arbitrator, either party, individually or jointly, shall request a list of seven (7) names of experienced arbitrators from the American Arbitration Association (AAA). 3) Upon receipt of this list, the Superintendent or his/her designee and the Association President or his/her designee shall meet within ten (10) working days to select the arbitrator. The arbitrator shall be selected by alternately striking names, with the party who strikes the first name being determined by the flip of a coin. If either party or both of the parties find the list to be unacceptable, another list may be requested from the AAA. Upon the receipt of this final list, the arbitrator shall be selected in the above fashion by the alternate striking of names. 4) Upon selection of the arbitrator, a hearing date(s) shall be set pursuant to AAA administrative procedures and the hearing shall be conducted according to the arbitration rules of the AAA. 5) The arbitrator shall render his/her decision within thirty (30) days of the close of the hearing which shall be binding on all parties. 6) The arbitrator shall have no power to add to, subtract from or otherwise modify the terms and conditions of this negotiated agreement, nor shall the arbitrator be permitted to make a decision which is contrary to law. 7) The cost of the arbitrator will be paid by the Board if the decision is in favor of the grievant. If the decision is in favor of the Board, the Association or the grievant will pay the costs. If the decision favors both sides, which shall be stated in by the arbitrator's decisiondecision report, then the cost of arbitration will be divided equally between both parties. All other costs shall be borne by the party incurring said costs.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Procedure Steps. 1. This procedure All grievances shall be initiated handled in the following manner: a. Step one: The Provider(s) and/or the Union representative shall confer with a designated representative of the Public Authority within thirty fifteen (3015) working days of the time that the grievant knew occurrence or should have known knowledge of the event occurrence giving rise to the grievance, whichever is later, but no later than sixty (60) days after the occurrence. Such conference must occur prior to filing a written grievance at Step two. At the time of the conference, the Provider(s) and/or the Union representative shall inform the designated representative of the Public Authority that the conference is Step one of the grievance procedure. a. b. Step 1 - Within five two: If no settlement is reached at Step one, the Provider(s) and/or the Union representative shall meet with and present a written grievance to the Public Authority Director or designee within ten (510) working days of the initial conference under Step one. The Public Authority Director or designee shall respond to the grievance, in writing, within ten (10) working days of this meeting. c. Step three: If no settlement is reached at Step two, the grievance shall be submitted to the Labor Relations Officers of the Public Authority or designee within ten (10) working days from receipt of the Grievance Report (Form A), Step two response. The Labor Relations Officer of the immediate supervisor Public Authority or designee shall meet with the grievant. The immediate supervisor shall write a disposition of Provider(s) and/or the grievance Union representative within five ten (510) working days after such meeting and return a copy receipt of the Step three filing to discuss the grievance. The Labor Relations Officer of the Public Authority or designee shall respond to the grievant grievance, in writing, within ten (10) working days of this meeting. d. Step four: 1. If no settlement is reached at Step three and the Superintendent. No records will be placed in any member's file as a result of Step 1 of Union wishes to pursue the procedure. b. Step 2 - If the grievant is not satisfied with the disposition of the grievance in Step 1matter further, the grievant it shall, within ten (10) working days of such disposition, submit a Report Form and disposition to the Superintendent who shall, within twenty (20) working days, meet with the grievant. Within twenty (20) working days of this meeting, the Superintendent shall write a disposition after receipt of the grievance and forward a copy to the grievantStep three response, the Association, and the immediate supervisor. c. Step 3: Arbitration 1) If the grievant(s) is/are not satisfied with the written disposition of request in writing that the grievance by the Superintendent or if no disposition has been made within twenty (20) working days after the date of filing with the Superintendent, whichever is later, the grievance may be submitted to arbitrationa hearing officer for a formal hearing. The hearing officer shall be mutually selected by the Public Authority and the Union from an up-to-date roster of the Del Norte County Bar members who are willing to act as hearing officers. The Public Authority and the Union shall select the hearing officer by alternatively striking names on the list. 2) The Superintendent or his/her designee and the Association President or his/her designee will meet within five (5) working days to attempt to mutually agree to an arbitrator. If the parties are unable to agree to an arbitrator, either party, individually or jointly, shall request a list of seven (7) names of experienced arbitrators from the American Arbitration Association (AAA). 3) Upon receipt of this list, the Superintendent or his/her designee and the Association President or his/her designee shall meet within ten (10) working days to select the arbitrator. The arbitrator shall be selected by alternately striking names, with the party who strikes the first name being determined by the flip of a coin. If either party or both of the parties find the list to be unacceptable, another list may be requested from the AAA. Upon the receipt of this final list, the arbitrator shall be selected in the above fashion by the alternate striking of names. 4) Upon selection of the arbitrator, a hearing date(s) shall be set pursuant to AAA administrative procedures and the hearing shall be conducted according to the arbitration rules of the AAA. 5) The arbitrator shall render his/her decision within thirty (30) days of the close of the hearing which shall be binding on all parties. 6) The arbitrator officer shall have no power to change, add to, subtract to or delete from or otherwise modify any of the express terms and conditions of this negotiated agreement, nor shall the arbitrator be permitted to make a decision which is contrary to lawAgreement. 7) 3. The cost decision of the arbitrator will hearing officer shall be paid binding upon the parties, unless the decision of the hearing officer would require unbudgeted expenditures. Grievances resulting in unbudgeted expenditures shall be subject to ratification by the Board if the decision is in favor governing board of the grievantPublic Authority. 4. If The costs for the decision is in favor of the Board, the Association or the grievant will pay the costs. If the decision favors both sides, which hearing officer shall be stated in the arbitrator's decision, then the cost of arbitration will be divided shared equally between both parties. All other costs shall be borne by the party incurring said costsPublic Authority and the Union.

Appears in 1 contract

Samples: Memorandum of Understanding

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Grievance Procedure Steps. 1. This procedure shall be initiated within thirty (30) working days of the time that the grievant knew or should have known of the event giving rise to the grievance. a. Step 1 - Within five (5) working days of the receipt of the Grievance Report (Form A), the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) working days after such meeting and return a copy to the grievant and the Superintendent. No records will be placed in any member's file as a result of Step 1 of the procedure. b. Step 2 - If the grievant is not satisfied with the disposition of the grievance in Step 1, the grievant shall, within ten (10) working days of such disposition, submit a Report Form and disposition to the Superintendent who shall, within twenty (20) working days, meet with the grievant. Within twenty (20) working days of this meeting, the Superintendent shall write a disposition of the grievance and forward a copy to the grievant, the Association, and the immediate supervisor. c. Step 3: Arbitration 1) If the grievant(s) is/are not satisfied with the written disposition of the grievance grievanee by the Superintendent or if no disposition has been made within twenty (20) working days after the date of filing with the Superintendent, whichever whiehever is later, the grievance may be submitted to arbitration. 2) The Superintendent or his/her designee and the Association President or his/her designee will meet within five (5) working days to attempt to mutually agree to an arbitrator. If the parties are unable to agree to an arbitrator, either party, individually or jointly, shall request a list of seven (7) names of experienced arbitrators from the American Arbitration Association (AAA). 3) Upon receipt of this list, the Superintendent or his/her designee and the Association President or his/her designee shall meet within ten (10) working days to select the arbitrator. The arbitrator shall be selected by alternately striking names, with the party who strikes the first name being determined by the flip of a coin. If either party or both of the parties find the list to be unacceptable, another list may be requested from fi’om the AAA. Upon the receipt of this final list, the arbitrator shall be selected in the above fashion by the alternate striking of names. 4) Upon selection of the arbitrator, a hearing date(s) shall be set pursuant to AAA administrative procedures and the hearing shall be conducted according to the arbitration rules of the AAA. 5) The arbitrator shall render his/her decision within thirty (30) days of the close of the hearing which shall be binding on all parties. 6) The arbitrator shall have no power to add to, subtract from or otherwise modify the terms and conditions of this negotiated agreement, nor shall the arbitrator be permitted to make a decision which is contrary to law. 7) The cost of the arbitrator will be paid by the Board if the decision is in favor of the grievant. If the decision is in favor of the Board, the Association or the grievant will pay the costs. If the decision favors both sides, which shall be stated in the arbitrator's decision, then the cost of arbitration will be divided equally between both parties. All other costs shall be borne by the party incurring said costs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Procedure Steps. 1. This procedure shall be initiated within thirty (30) working days of the time that the grievant knew or should have known of the event giving rise to the grievance. a. Step 1 - Within five (5) working days of the receipt of the Grievance Report (Form A), the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) working days after such meeting and return a copy to the grievant and the Superintendent. No records will be placed in any member's file as a result of Step 1 of the procedure.1 b. Step 2 - If the grievant is not satisfied with the disposition of the grievance in Step 1, the grievant shall, within ten (10) working days of such disposition, submit a Report Form and disposition to the Superintendent who shall, within twenty (20) working days, meet with the grievant. Within twenty (20) working days of this meeting, the Superintendent shall write a disposition of the grievance and forward a copy to the grievant, the Association, and the immediate supervisor.2 c. Step 3: Arbitration 1) If the grievant(s) is/are not satisfied with the written disposition of the grievance by the Superintendent or if no disposition has been made within twenty (20) working days after the date of filing with the Superintendent, whichever is later, the grievance may be submitted to arbitration. 2) The Superintendent or his/her designee and the Association President or his/her designee will meet within five (5) working days to attempt to mutually agree to an arbitrator. If the parties are unable to agree to an arbitrator, either party, individually or jointly, shall request a list of seven (7) names of experienced arbitrators from the American Arbitration Association (AAA). 3) Upon receipt of this list, the Superintendent or his/her designee and the Association President or his/her designee shall meet within ten (10) working days to select the arbitrator. The arbitrator shall be selected by alternately striking names, with the party who strikes the first name being determined by the flip of a coin. If either party or both of the parties find the list to be unacceptable, another list may be requested from the AAA. Upon the receipt of this final list, the arbitrator shall be selected in the above fashion by the alternate striking of names. 4) Upon selection of the arbitrator, a hearing date(s) shall be set pursuant to AAA administrative procedures and the hearing shall be conducted according to the arbitration rules of the AAA. 5) The arbitrator shall render his/her decision within thirty (30) days of the close of the hearing which shall be binding on all parties. 6) The arbitrator shall have no power to add to, subtract from or otherwise modify the terms and conditions of this negotiated agreement, nor shall the arbitrator be permitted to make a decision which is contrary to law. 7) The cost of the arbitrator will be paid by the Board if the decision is in favor of the grievant. If the decision is in favor of the Board, the Association or the grievant will pay the costs. If the decision favors both sides, which shall be stated in by the arbitrator's decisiondecision report, then the cost of arbitration will be divided equally between both parties. All other costs shall be borne by the party incurring said costs.

Appears in 1 contract

Samples: Master Agreement

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