Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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GRIEVANCE PROCEDURE. Section 1The provisions of this Article shall be substituted for the grievance procedure set forth in any Addenda. Should any difference or dispute arise between the City Employer and the employees, or the Employer and the Union concerning the application or inter- pretation of any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, or concerning any term or condition of employment set forth in this Agreement, it will shall be considered a grievance and must be resolved handled in accordance with the following proceduremanner: Step 1. — The complaint shall be discussed with the aggrieved em- ployee, the immediate supervisor, and the Shop Xxxxxxx, within five (5) working days of the known occurrence giving rise to the complaint. Step 2— If the Union, any employee or group of employees believes that she/he has a grievance (as defined complaint is not resolved in section Step one (1), she/he then the employee, Shop Xxxxxxx or Local Union representative shall first cite sub- mit a grievance in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head designated Company representa- tive on the designated grievance form within twenty-one ten (2110) calendar working days of after the event known occurrence giving rise to the grievance. Step 3— If an agreement cannot be reached in the second step, or the matter shall then be referred to the Local Union Business Agent within twenty-one ten (2110) calendar working days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievanceresponse of the Company Representative. If The Company Representative shall meet promptly with the Step One hearing is not heldLocal Union Business Agent, the grievance shall be resolved in favor of Shop Xxxxxxx and the grievant or Union. The Department Head shall issue a written answer within twenty-one ten (2110) calendar working days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person order to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of reach an adjustment to the grievance. The City Manager Company Representative shall respond in writing to this third step meeting within three (3) work- ing days of the meeting. Step 4— Any grievance not resolved in Step three (3) shall proceed to the established local area Cartage Services or hisregional Cartage Services Grievance Panel. Cases deadlocked will be forwarded as follows: UPS National Master Agreement (NMA) language will be docketed to the next National Grievance Committee; Cartage Ser- vices Supplemental language will be docketed to the next Joint Na- tional Cartage Services Grievance Committee; Discipline and Ad- denda/her designee Rider language will hold be submitted to arbitration. Step 5— If the parties fail to reach a hearing decision or agree upon a settle- ment of any grievance in Step four (4), the grievance may be sub- mitted to arbitration. If the parties cannot agree upon an impartial arbitrator within twenty-ten (10) working days from the date arbitration is invoked, then the parties shall jointly request the AAA or FMCS, in accordance with area practices, to supply both parties with a list of seven (7) impartial arbitrators. Each party shall alternately strike one (211) calendar days of receipt name from the list and the name of the grievanceperson last remain- ing on the list shall be designated as the arbitrator and his appoint- ment shall be binding on both parties. The City Manager or his/her designee will respond to arbitrator shall deal only with the grievance in writing within twenty-one (21) calendar days after such meeting. This matter which occasioned his appointment and his decision shall be signed by the City Manager or designee and be final and binding except for demotionupon both parties. In no case, termination however, may the arbitrator make a decision which will in any way add to, subtract from, or suspension alter the terms of an employeethis Agreement. A copy The fee of the grievance answer will be supplied to the grievant or Union.the

Appears in 2 contracts

Samples: Freight Pickup & Delivery Supplemental Agreement, Freight Pickup & Delivery Supplemental Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between 9.01 For the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision purposes of this Agreement, it will be considered a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 9.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, an Employee is entitled to be represented by a local Union representative, if available. Representation may be provided via teleconference. 9.03 It is the mutual desire of the parties hereto that complaints of Employees shall be adjusted as quickly as possible, and must it is understood that an Employee has no grievance until she has first given her immediate Supervisor the opportunity of responding to the complaint. Such complaint shall be resolved in accordance discussed with her immediate Supervisor within seven (7) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Employee. Failing settlement of the complaint within seven (7) calendar days of being so discussed with the immediate Supervisor, it may then be taken up as a written grievance at Step No. 1, within seven (7) calendar days following procedure: the date on which the Employee has been advised of the Supervisor’s decision, or failing any reply it may then be taken up as a written grievance at Step 1No. If 1 within a period of fourteen (14) calendar days following the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requestedinitial complaint. The grievance shall be reduced to writing and shall be Employee, with the assistance of a Union representative, if available, may submit a written grievance, signed by her, to the aggrieved employee or employees and the bargaining unit representativeSupervisor. The written grievance shall be signed off on by the Department Head acknowledging receipt nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. Any The parties may, if they so desire, meet to discuss the grievance not reduced at a time and place suitable to both parties. The Manager will deliver their decision in writing and submitted within seven (7) calendar days following the day on which the grievance was presented to her (or any longer period which may be mutually agreed). Failing settlement, the next step in the grievance procedure may be taken. Within seven (7) calendar days following the decision under Step No. 1, the Employee may submit the written grievance to the Department Head Manager responsible for the department or alternate. A meeting will then be held, within twenty-one seven (217) calendar days of the event submission of the grievance to Step No. 2, unless extended by agreement of the parties, between the Hospital’s Management Representatives and up to two (2) Within seven (7) calendar days following the decision under Step No. 2, the Employee, with the assistance of a Union representative, if available, may submit the written grievance to the designated Employer Representative for Step 3. A meeting will then be held, within seven (7) calendar days of the submission of the grievance at Step No. 3 unless extended by agreement of the parties, between Management Representatives and up to two (2) Union representatives. It is understood that the grievor may attend this meeting. A decision of the Employer shall be delivered in writing within seven (7) calendar days following the date of such meeting. 9.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days from the time that the circumstances giving rise to the complaint or grievance were known or should have been known to the Union or the Employer, and the grievance process shall apply, with any necessary modifications, to the Union policy grievance or the Employer grievance, as the case may be. A Grievance shall be signed by a member of the Union Executive and/or a Union Staff Representative. 9.05 Where a number of Employees have identical grievances and each Employee would be entitled to grieve separately, they may present a group grievance in writing signed by each Employee who is grieving to the Manager responsible for their department, or alternate, within twenty-one fourteen (2114) calendar days after the union or the affected employee(s) should have known of the event circumstances giving rise to the grievance were known or ought reasonably to have been known to the Employees. The grievance shall then be treated as being initiated at Step No.1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 9.06 The release of a probationary Employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary Employee is released for: (a) reasons which are arbitrary, discriminatory or in bad faith; (b) exercising a right under this Agreement. The Employer agrees to provide written reasons for the release of a probationary Employee within seven (7) days of such release. A claim by the Union that a probationary Employee has been unjustly released shall be treated as a grievance, provided the Employee is entitled to grieve, if a written statement of such grievance is lodged by the Employee with the designated Hospital Representative at Step No. 2 within seven (7) days after the date the release is effected. Such a grievance shall be considered abandonedtreated as a special grievance as set out below. The Department Head shall hold a Step One hearing Employer agrees to provide written reasons within twenty-one seven (217) calendar days to the affected Employee in the case of receipt of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed her probationary period, without just cause. A claim by the grievance. If the Step One hearing is not heldUnion that an Employee, the grievance who has completed her probationary period, has been unjustly discharged or suspended shall be resolved in favor of the grievant or Union. The Department Head shall issue treated as a grievance if a written answer statement of such grievance is lodged with the designated Hospital Representative at Step No. 2 within twenty-one seven (217) calendar days after the Step One hearingdate the discharge or suspension is effected. If no answer is given Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Employer’s action in dismissing the Employee; or (b) reinstating the Employee with or without loss of seniority and with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. 9.07 The time limits set out in Grievance Procedure are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned. 9.08 The parties may agree to waive or extend any of the time limits set forth aboveestablished in the grievance procedure. 9.09 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure within the times specified, provided that the parties may extend the time limits in the grievance procedure by mutual agreement in writing. Where a response is not given by a party within the specified time limit in the grievance procedure, the other party may submit the grievance shall be resolved in favor to the next step of the grievant or grievance procedure. 9.10 All agreements reached under the Union. This resolution shall set no precedence for future grievances. If grievance procedure between the representatives of the Employer and the representatives of the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination upon the Employer and the Union and the Employees. 9.11 Paid holidays shall not be counted in determining the time in which any action is to be taken or suspension of an employee. A copy completed in any step of the grievance answer will be supplied to Grievance Procedure where the grievant or Unionreference is calendar days.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference Any bargaining unit member may bring a grievance. The term "grievance" Section 2. Any grievance not filed or dispute advanced within the time limits set forth herein Section 3. Most grievances arise between from misunderstanding which should be promptly Section 4. Any grievance which cannot be informally resolved shall be processed only A. STEP ONE 1. A bargaining unit member who believes they have a grievance will reduce their grievance to writing by completing in full the City grievance form and any employee or group of employees with respect presenting such grievance to their supervisor and to the interpretation Vice President for Human Resources or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved designated Human Resources Representativewithin ten (10) working days after the supervisor's answer in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representativeinformal process. The written grievance shall be signed off on by state the Department Head acknowledging receipt specific Article(s) and Section(s) of this Agreement or State law alleged to have been violated, a statement of the relevant facts, and the specificrelief requested. Any supervisor or other administrator designated to hear first level grievances will hold a meeting with the grievant and a designated Union representative within ten (10) working days following submission of the grievance. Any The grievant shall be given written or e-mail notification of the time and date of the meeting at least one (1) day in advance thereof. 2. Within ten (10) working days after the first step meeting, the supervisor will answer the grievance not reduced to and return it in writing and submitted or by e-mail to the Department Head bargaining unit member and the designated Union representative. 3. If the bargaining unit member is not satisfied with the answer, they may appeal said answer by returning the completed grievance form within twentyten (10) working days of receipt of the answer to the departmental representative and to the Vice President for Human Resources or a designated Human Resources Representative. The grievance shall then proceed to Step Two. B. STEP TWO 1. The Vice President for Human Resources or a designated Human Resources representative and/or other designated administrator, willhold a Step Two meeting within ten (10) working days of receipt of the bargaining unit member's notice of appeal. The grievant shall be given written or e-mail notification of the time and date of the meeting at least one (211) calendar days day in advance thereof. 2. The grievant may be represented at this level by the Chief Xxxxxxx, a Xxxxxxx, and/or an officer of the event giving rise Union. The Chief Xxxxxxx and a Xxxxxxx shall be given time off from work with pay to attend such meeting. If the parties mutually agree, a designated representative may be substituted for either the Chief Xxxxxxx or the Xxxxxxx in those circumstances where the attendance of such representative would be particularly beneficial to the grievancepossible-resolution of the grievance under consideration. 3. Within fifteen (15) working days after said meeting, the Vice President for Human Resources or within twentya designated Human Resources representative and/or other designated administrator will give the University's final decision in writing or by e-mail to the designated Union representative and local President. Section 5. In unusual circumstances where a grievance affects a large number of Section 6. If the Union is not satisfied with the University’s Step Two decision, it may Section 7. All fees and expenses of the arbitration shall be borne equally by the 1. the cost of a stenographer or reporter as requested by the arbitrator or either party and the associated transcription costs. If only one (211) party desires a transcript of the proceedings, the total cost for such transcription shall be paid by the party desiring the transcript. If the other party desires a copy, the total cost of such transcription shall be shared equally by both parties; 2. the fees and expenses of the arbitrator used in the case; and 3. the rental of any facilities where the arbitration is conducted. Section 8. The arbitrator shall be requested to submit an accounting for all of their fees or expenses. The arbitrator shall be requested to render their decision as quickly as possible, but in no event later than thirty (30) calendar days after the union or the affected employee(s) should have known last day of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2Section 9. The grievance shall be presented in person to Only disputes involving the City Manager. The City Manager interpretation, application or his/her designee will sign the grievance acknowledging receipt alleged violation of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.a

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1An Employee may informally discuss a complaint with his/her supervisor, with or without his/her Grievance Committeeman or Assistant Grievance Committeeman (Union Representative) being present. Should any difference or dispute arise between However, if the City and any employee or group of employees with respect Employee wishes to the interpretation or application of a specific and identified provision of use this Agreementgrievance procedure, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), shes/he shall report the matter to his/her Union Representative, who must refer it to Step 1 of the grievance procedure by completing a complaint form furnished by the Company and submitting it to the Employee’s supervisor within thirty (30) days of the date on which the Employee first cite in writing knew or should have known of the specific contract clause violated and facts which gave rise to the relief requestedgrievance. The grievance shall be reduced to writing and complaint form shall be signed by the aggrieved employee or employees Union Representative and the bargaining unit representativeEmployee. The written supervisor shall sign and date the grievance form and return a completed copy to the Grievance Committeeman. a. Step 1 Oral (1) A complaint received in Step 1 shall be signed off on by discussed at a meeting with the Department Head acknowledging receipt of Grievance Committeeman from the grievance. Any grievance not reduced to writing area and/or the Assistant Grievance Committeeman, the grievant and submitted to the Department Head grievant’s supervisor at a mutually convenient time within twenty-one fifteen (2115) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievancegrievance form. If the Step One hearing is not held, the grievance shall be resolved in favor Either Party may call witnesses who are employees of the grievant or Union. Company. (2) The Department Head supervisor shall issue a written answer within twenty-one the complaint no later than five (215) calendar days after the Step One 1 hearing. The supervisor and the Union Representative shall have the authority to settle the complaint without prejudice or precedent. If no answer is given settled in the time limits set forth aboveStep 1, the complaint form shall be so noted and signed and dated by the Union Representative involved and the grievant’s supervisor. (3) If not settled or withdrawn in Step 1, the Union shall, within five (5) days of the Company’s Step 1 response, provide the Company with a written record of the grievance, signed by the Grievance Committeeman, including the grievance number, a statement of the grievance, the Union’s understanding of the facts, its position and the reasons therefore, the remedy requested and the date submitted. (4) Upon receipt, the Company shall, within five (5) days, provide the Grievance Committeeman and the Chair of the Union’s Grievance Committee (the Grievance Chair) with its version of the written record of the grievance, signed by the Company, with the same set of information required of the Union. These two (2) completed forms shall comprise the Step 1 written record. b. Step 2 Written (1) In order to be considered further, a grievance shall be resolved in favor appealed by the Grievance Chair to the head of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievancegrievant’s department, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing representative, within twenty-one ten (2110) calendar days of receipt of the grievanceStep 1 written record by proper notation on such record. (2) Such grievance shall be discussed at the next regular monthly meeting, which shall be held more frequently if necessary to maintain timely processing, with the grievant, the involved Grievance Committeeman, the Grievance Chair, the grievant’s supervisor and the involved department head, and/or his/her representative. Either Party may call witnesses who are employed by the Company. (3) In Contracting Out or safety grievances, a representative of the relevant committee shall also be present. (4) The City Manager department head, or his/her designee will respond representative, shall provide the Grievance Chair with a written response (the Step 2 Answer) to the grievance within five (5) days of the Step 2 meeting. (5) If the Grievance Chair informs the department head in writing within twenty-one five (215) calendar days after such receipt of the Step 2 Answer that the Union rejects the Step 2 Answer, the Company shall, within five (5) days, provide the Grievance Chair with Step 2 Minutes for the grievance which shall include: the date and place of the meeting. This decision shall be signed ; names and positions of those present; the number and description of the grievance discussed; background information and facts; a statement of the Union’s position as understood by the City Manager or designee Company; and be final a statement of the Company’s position including its response to all claims, significant points of evidence, testimony and binding except for demotionarguments presented by the Union as well as Company testimony and evidence, termination or suspension including past grievances and/or arbitration awards and the decision (6) If the Grievance Chair disagrees with the accuracy of an employee. A the minutes, s/he shall submit a signed written response to the Company covering points of disagreement within ten (10) days of the receipt of the Step 2 minutes. (7) The Local Union shall send a copy of the grievance answer will be supplied Step 2 minutes and any Union response to the grievant or Uniondesignated representative of the International Union (the International Representative).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 8.1 A grievance is hereby defined as an alleged violation, misapplication, or dispute arise between the City and any employee or group of employees with respect to the interpretation or application misinterpretation of a specific and identified provision Article of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes Agreement that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed is brought by the aggrieved employee or employees and and/or the bargaining unit representative. The written grievance shall be signed off on by Union to the Department Head acknowledging receipt attention of the grievance. Any grievance not reduced to writing and submitted to the Department Head other party within twenty-one fifteen (2115) calendar working days of the event giving rise time the grieving party first became aware of the alleged violation. Regarding Article 10, Rights Related to Appointed Status – Investigations, only claims of failure to follow the procedural elements as outlined in that Article 10, not any decision to discipline, and only for suspensions and terminations for disciplinary reasons, may be processed under this Grievance Article, up to and including Step 3. Working days referred to in this Article shall be defined as Monday through Friday with the exclusion of holidays recognized by the Employer. Grievances shall be processed in the following manner: Step 1 The Union or aggrieved employee shall first present the grievance in writing setting forth relevant facts including the alleged violation and the resolution requested to an Assistant Police Chief, with a copy to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandonedCity’s Labor Relations office. The Department Head Assistant Police Chief shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, review the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue and render a written answer decision within twenty-one fifteen (2115) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar working days of receipt of the grievance. The City Manager written grievance at this step and at Step 2 shall contain the following information: 1. A statement of the grievance and the facts upon which it is based; 2. The alleged violation of this Agreement, a. citing the specific Article and/or Section and b. how that Article and/or Section is alleged to have been violated; 3. The remedy or his/her designee will respond to adjustment sought; and 4. The signature of the aggrieved employee or Union Representative. Step 2 If the grievance is not resolved at Step 1, the Union may submit the grievance in writing to the Police Chief within twentyfifteen (15) working days of receipt of the Assistant Police Chief’s decision, with a copy to the City’s Labor Relations office. The Police Chief shall render a written decision within twenty (20) working days of receipt of the grievance. Step 3 If the grievance is not resolved at Step 2, the Union may submit the grievance in writing to the City’s Human Resources Director (“HR Director”) within fifteen (15) working days of receipt of the Police Chief’s decision, with a copy to the City’s Labor Relations office. Thereafter, the HR Director or designee shall meet with the grievant and the Union representative involved within fifteen (15) working days of receipt of the Union's grievance if schedules can be so arranged, but in no event longer than thirty (30) working days unless otherwise mutually agreed. If no agreement is reached, the HR Director or designee shall submit a written response to the Union within twenty (20) working days following the meeting. Claims of failure to follow the procedural elements as outlined in Article 10, Rights Related to Appointed Status – Investigations, for suspensions and terminations for disciplinary reasons, shall not be grieved beyond this Step 3. Step 4 Non-disciplinary grievances not resolved may be referred to arbitration by either party to this Agreement. Either party may give written notice to the other of its intention to arbitrate within thirty (30) working days following completion of the steps listed above. The Union shall give such written notice to the Police Chief and the City’s Labor Relations office. The City shall give such notice to the representative designated by the Union. Within ten (10) working days of the request to arbitrate, a representative of the Union and the Employer shall attempt to agree on a neutral arbitrator. If unable to reach agreement, within ten (10) working days, the party requesting arbitration shall request a list of seven (7) arbitrators with primary offices in Washington or Oregon from the Public Employment Relations Commission or Federal Mediation Conciliation Service (FMCS). Upon receipt of the list both parties shall, within ten (10) working days, alternately strike names from the list until one name remains, who shall serve as the neutral arbitrator. The party requesting arbitration shall strike first in the striking process. The arbitrator shall issue a written decision within thirty (2130) calendar days after such meetingof the close of the hearing, or issue a bench decision if mutually agreed to and requested by both parties of this Agreement. This The decision shall be signed by the City Manager or designee and be final and binding except for demotionon the City, termination the Union, and employees represented by the Union and covered by this Agreement. The arbitrator shall have no power to alter, amend or suspension change the terms of an employeethis Agreement. Section 8.2 Each party shall bear the expense of its own costs of preparing and presenting its own case, including compensating its own attorneys, representatives and witnesses. Section 8.3 The parties may mutually agree to submit any grievance to mediation, prior to Section 8.1, Step 4, above. Each party shall bear the expense of its own representation and all other expenses incidental to the mediation shall be divided equally. A copy party must give notice of its interest in mediation to the other party within fifteen (15) working days of the grievance answer last Step response, and the other party will be supplied provide notification to the grievant or Unionrequesting party as to whether it agrees to mediation within fifteen (15) working days of receipt of the request. The mediator shall have no authority to resolve the grievance except by agreement of the Union and the City.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section a. The parties to this Agreement recognize the Stewards and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof. b. A grievance shall be defined as a difference of opinion as to the interpretation, application, or administration of this Agreement. c. A “group grievance” is defined as a single grievance, signed by a Xxxxxxx, or a CLAC Representative, as well as the employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. Should The grievors shall be listed on the grievance form. d. A “policy grievance” is defined as one which involves a question relating to the interpretation, application or administration of this Agreement, including any difference question as to whether a matter is arbitrable and one which an individual could not file. A policy grievance may be submitted by either party to this Agreement commencing at Step 1. Such policy grievance shall be signed by a Xxxxxxx or dispute a CLAC Representative, or in the case of an Employer's policy grievance, by the Employer or his Representative. 22.02 Any employee who has a complaint as per Article 22.01b will discuss the same with her immediate supervisor within five workdays of the act or condition causing the complaint and may be accompanied by a Xxxxxxx, or a CLAC Representative if she so desires. This supervisor will deal with the complaint not later than the third workday following the day upon which the complaint is submitted and will verbally notify the grievor and the Union Representative (if applicable) of his decision within five (5) workdays following the said meeting. If the reply is not satisfactory to the employee, she may process the complaint as a grievance as defined in Article 22.01b by following the steps set out below. Step 1 The employee, accompanied by a Xxxxxxx or a CLAC Representative, may submit a written grievance to her immediate supervisor within five (5) workdays of the decision reached above. This supervisor will deal with the grievance not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and the Union Representative of his decision in writing within five (5) workdays following the said meeting. Step 2 If the grievance is not settled under Step 1, a Union Representative will, within five (5) workdays of the decision under Step 1, or within five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer's Head Office. The parties shall meet to discuss the grievance within one (1) week after the grievance has been received. The Employer shall notify the grievor and the Union Representative of his decision in writing within five (5) workdays following the said meeting. 22.03 The Employer or the Union shall not be required to consider or process “single” or “group” grievances which arise between out of any action or condition more than five (5) workdays after the City and any subject of such grievance occurred. If the action or condition is of a continuing or a recurring nature, this limitation period shall not begin to run until the action or condition has ceased. At no time may an employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will be considered file a grievance and must be resolved in accordance with the following procedure:on behalf of another employee. Step 1. If the Union22.04 Saturdays, any employee or group of employees believes that she/he has a grievance (as defined in section one (1)Sundays, she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall paid holidays designated in this Agreement will not be reduced counted in determining the time in which any action is to writing and shall be signed by the aggrieved employee taken or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, completed under the grievance shall be resolved in favor of the grievant procedure or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysarbitration procedure. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any A “grievance” is hereby defined as a complaint by an employee or a group of employees with respect based upon an alleged violation of the provisions of this Agreement, or a difference as to the interpretation or application of a specific and identified provision of this Agreement. Section 2. Union representatives shall notify an employee’s immediate supervisor or other designated individual, it that the employee has requested union representation to investigate a grievance. If the employee can be released at that time the supervisor will release the employee to talk to the union representative. If because of the immediate nature of the employee’s work, i.e., the employee cannot be released at that time, the supervisor will release the employee as soon as possible. The supervisor shall explain to the union representative the nature of the emergency and confirm the explanation in writing, if requested. The employee will not be released for longer than ten (10) minutes per shift. Once the investigation has stopped the union representative will notify the supervisor or designated representative that the employee has returned to work. To the extent practicable, the union representative handling the grievance investigation during working hours will be considered the xxxxxxx on an alternate shift so that the xxxxxxx will not have to be released from work. If the meeting needs to go beyond the ten (10) minute limitation, the union representative will notify the supervisor, and the employee will punch in and punch out for the remainder of the meeting, but may work beyond his/her shift to make up this lost time. If this procedure is abused by the District or the Union, then one party will notify the other and the Union and the District will meet to modify or negotiate a new agreement, if necessary. Section 3. It is recognized that grievances should be processed as rapidly as possible, and the number of days indicated at each step of the grievance and must procedure shall be resolved the maximum time allowed for presenting a grievance. The time limits specified may, however, be extended by mutual agreement in writing. Section 4. All grievances shall be presented in accordance with the following procedure: Step 1. If the Union, any employee or group : STEP ONE: Within a five (5) working‐day period of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known knowledge of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it employees may present a grievance personally, or through their Union representative, to their immediate supervisor. The immediate supervisor shall be considered abandoned. If satisfactory disposition is not made by attempt to adjust the Department Headmatter as soon as possible, then and in any event within twenty-one three (213) calendar working days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference ‌ 6.01 A grievance shall not be considered if the circumstances giving rise to it occurred or dispute arise between the City and any employee or group of employees with respect originated more than fourteen (14) calendar days prior to the interpretation or application filing of a specific the grievance, except in the case of an error in the calculation of wages. Management will not consider discipline after seven (7) days from occurrence of the incident. 6.02 Grievances properly arising under this Agreement shall be adjusted, and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following proceduresettled as follows: Step 1. If 1 The Union and or the UnionLocal Grievance/Bargaining Committee Person shall submit the grievance to the First Level of Management (Team Leader) or designate, any employee or group within fourteen (14) calendar days after occurrence of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and matter which is the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt subject of the grievance. Any The nature of the grievance, the remedy sought and the section or sections of the agreement which are alleged to have been violated shall be stated in writing, signed by the Local Grievance/Bargaining Committee Person. The First Level of Management or designate shall have a maximum of five (5) workdays following submission of the grievance to the First Level of Management designate to discuss the grievance with the Local Grievance/Bargaining Committee Person and give their decision. Step 2 Grievances not reduced to resolved at Step 1 will be submitted and discussed with the official of the company or their designate directly in charge of the department where the grievance arose within five (5) workdays of the First Level of Management or designate answer at Step 1. Should no satisfactory settlement be reached within five (5) workdays, the grievance may be submitted in writing and at Step 3 within five (5) workdays following receipt of the written decision at Step 2. Grievances not resolved at Step 2 will be submitted to the Department Head within twenty-one (21) calendar days of Human Resources Manager, or their designated representative, by the event giving rise Local Union President or the Local Grievance/Bargaining Committee. Such grievances will be discussed at the next scheduled monthly Industrial Relations Committee meeting between the Local Grievance/Bargaining Committee and the Plant Manager, Human Resources Manager, or their designated representatives. The Human Resources Manager, or the designated representative, shall submit written answers to the grievance, or grievances within twenty-one seven (217) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing scheduled monthly Industrial Relations Committee meeting is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Labour Agreement, Labour Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 20.01 Upon proper notification to the Department Head, or dispute arise between his agent, the City Corporation agrees that permission shall be granted to the president of the Union, the Chairman of the Grievance Committee and any employee or the shop xxxxxxx in the particular group of employees the Union to leave their employment, temporarily, in order to carry on discussions with the Corporation, or its representatives with respect to the interpretation or application investigation of a specific grievance between the Union and identified provision the Corporation and they shall suffer no loss of pay for the time spent. This notification shall include time and location and the name of the Corporation official concerned. Notification shall be given no later than the day prior to the day of discussions. 20.02 The employees covered by this AgreementCollective Agreement shall elect a Chairman of Grievance Committee for the Union who, it will in turn may select a shop xxxxxxx for each division as defined in the existence certification order whose names shall be considered made known to the Corporation. The grievance committee may consist of a chairman and three (3) other members from the selected shop stewards. The names of the shop stewards shall be forwarded to the Department Heads, the City Manager and the City Council. (A) A grievance and must shall be resolved in accordance with the following procedure: Step 1. If submitted to the Union, any in writing, signed by the employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requestedconcerned. The grievance shall be reduced forwarded to writing the City within twenty (20) days of alleged offence. (B) Should the grievance be deemed to be well-founded by the Grievance Committee of the Union, it shall be forwarded by the Union to the Supervisor concerned and shall be signed by the aggrieved employee Chairman of the Grievance Committee, or employees and any member of the bargaining unit representativeLocal 51 executive, or shop xxxxxxx, in order to be considered as a valid grievance. In case of an item that affects any member of the Union, a grievance may be filed by the Union, following the procedure mentioned above. (C) The written Department Head or Supervisor concerned shall reply, in writing to the Union in respect to a grievance shall be signed off on by submitted within five (5) working days of the submission. (D) Should the Union find the reply from the Department Head acknowledging receipt of the grievance. Any grievance not reduced or Supervisor to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievancebe unsatisfactory, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, then the grievance shall be resolved in favor of forwarded to the grievant or Union. The Department Head City Manager who shall issue a written answer reply to same within twenty-one ten (2110) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar working days. Step 2. The grievance shall be presented in person to (E) If the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy matter of the grievance answer will remains unresolved, then the normal procedure in respect to arbitration shall be supplied followed. (F) It should be clearly understood that any of the foregoing procedures may be waived or altered subject to full agreement between the grievant or UnionUnion and the Employer.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should 1 A grievance shall be defined as any difference controversy or dispute arise arising between the City and any employee or group parties involving questions of employees with respect to the interpretation or application of a specific the terms and identified provision provisions of this AgreementAgreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, it the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. A class action grievance shall be considered defined as a dispute which concerns two (2) or more employees within the bargaining unit. Class action grievances may be initially filed at Step 2 of the grievance procedure and must be resolved in accordance with the grievance shall contain specific information regarding the alleged violation(s) for the County to review to appropriately respond to the grievance. Section 2 Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and the County, other than cases of discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as the case may be, shall use the following procedureprocedures: Step 1. If In the Unionevent that an employee believes there is a basis for a grievance, any said employee or group of employees believes that she/he has and/or a Union representative shall present a formal grievance (as defined in section one (1), she/he shall first cite in writing to the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt employee’s division head within five (5) working days of the grievance. Any grievance not reduced to writing and submitted to date of the Department Head within twenty-one (21) calendar days occurrence of the event giving rise to the grievance. The formal grievance shall be presented on the Step 2. In the event the aggrieved employee and/or the Union is not satisfied with the written answer to Step 1 above, or the said grievance shall be presented within twenty-one five (215) calendar working days after the union written answer above to the Port Director, or the affected employee(shis/her designee, who will, within five (5) should have known working days of the receipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within five (5) working days after this meeting, the Port Director or his/her designee shall render a decision in writing. Step 3. If the grievant is not satisfied with the disposition of the grievance by the Department Director or a designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation with the consent of the grievant, (or by an individual grievant, but only if the grievant is a non-member and the Federation declines to process the grievance on that basis alone) to arbitration Section 3 In the event giving rise that an employee is discharged and/or suspended by the County, the aggrieved party to this Agreement or employee or employees shall, within five (5) working days of written notice of discharge and/or suspension grieve his/her discharge and/or suspension to the grievancePort Director, shall be considered abandoned. The Department Head shall hold a Step One hearing or his/her designee who shall, within twenty-one five (215) calendar working days of the receipt of the same, meet with a representative of the Federation in an attempt to resolve the grievance. If At this meeting the Step One hearing employee and/or the on-site Federation representative shall also be present. Within five (5) working days after this meeting, the Port Director shall render his/her decision in writing. Section 4 With respect to discharge and/or suspension, the County shall notify the affected employee no later than ten (10) working days from the date the County fixes the responsibility for the incident upon which the discharge and/or suspension is based. The County's failure to comply with the ten (10) working day period shall constitute a waiver of its rights to take any disciplinary action against the employee or employees, including, but not heldlimited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. Section 5 The time limitations provided in this Article shall be strictly observed and shall be extended only by written agreement of the parties. In the event that the County fails to comply with any of the aforesaid time limitations in Steps 1 and 2 of the grievance procedure or Sections 3 and/or 4 of this Article, the grievant may file to the next level in the grievance procedure, prior to arbitration. In the event that the Federation fails to comply with any of the aforesaid time limitations in Steps 1 and 2 of the grievance procedure or Sections 3 and/or 4 of this Article, the grievance shall be resolved in favor deemed denied and no relief granted. If a grievance meeting is re-scheduled at the request of either of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth aboveparties, the grievance shall time-frames will be resolved in favor of the grievant or the Union. This resolution shall set no precedence automatically extended to allow for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twentyre-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy scheduling of the grievance answer will be supplied to the grievant or Unionmeeting.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any 6.01 Grievance means a complaint by an employee or group of employees concerning the interpretation, or the application, of the provisions of this Agreement or of rules or regulations governing personnel practices or conditions of employment, which has not been resolved satisfactorily in an informal manner between the employee and their immediate supervisor. An employee filing a formal grievance must attempt to rectify the situation with respect the immediate supervisor, unless that attempt would be futile. The employee may request that a formal representative of the Union be present. No person shall suffer discrimination or retaliation/reprisal for the filing of, or their involvement in a grievance. 6.02 Individual employees or groups of employees shall have the right to present grievances in person, or through a formal representative of the Union. The formal representative of the Union may be present at any meetings with an employee who has filed a grievance which are related to the interpretation grievance or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1grievances which have been filed. If the Union, any 6.03 Failure by an employee or group of employees believes that she/he has the Union to comply with any time limitations set forth in this Article shall constitute a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt withdrawal of the grievance. If the Step One hearing City fails to respond within any time limitations set out in this Agreement, then the employee shall have the right to move to the next step in the grievance procedure. It is not heldagreed that all times may be extended by mutual agreement of the City and the Union. 6.04 Within fourteen (14) days after the employee has knowledge of, or should have had knowledge of an occurrence giving rise to a grievance, the employee and/or a representative of the Union shall submit a written grievance to the Department Director or their designee., The initial written grievance to the Department Director shall be resolved in favor of the grievant or Unionknown as Step I grievance. The Department Head Director or their designee, shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, meet to discuss the grievance shall be resolved in favor with the employee and/or representative of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one seven (217) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt days of receiving of the grievance. The City Manager Department Director or his/her their designee will hold shall submit a hearing written answer to the employee and to the Union within twenty-one seven (217) calendar days following the meeting. 6.05 If the employee disagrees with the decision of the Department Director, the employee may file within fourteen (14) days of the Department Director or their designee’s written decision a written grievance with the Mayor. The grievance to the Mayor shall be known as a Step II grievance. Within fourteen (14) days of the receipt of the grievance. The City Manager , the Mayor or his/her designee will respond meet with the employee, who may be accompanied by a representative, to discuss the grievance. Within fourteen (14) days of this meeting, the Mayor will submit a written decision to the grievance in writing employee and the Union regarding the subject of the grievance. 6.06 If the employee disagrees with this decision, the employee and/or representative may, within twenty-one thirty (2130) calendar days after such meeting. This receipt of the decision, initiate an appeal to the Department of Labor, whose decision shall be signed binding on the employee and the City in accordance with provisions of SDCL 3-18-15.2, subject to either party’s right of appeal pursuant to SDCL 1-26. 6.07 Grievances raised by a group of employees by the City Manager formal representative, which are of general concern regarding application or designee and interpretation of this Agreement, shall be final and binding except for demotion, termination or suspension of an employee. A copy initiated at Step II of the grievance answer will procedure. This provision shall not be supplied used to the grievant or Unionresurrect an individual employee’s grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City The following procedures are established for settlement of complaints and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure:grievances. (a) Step 1. If the Union, any employee or group of employees believes that she/he has a grievance I (as defined in section one Immediate Supervisor Level) (1)) The employee, she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign representative, or both, shall notify his/her immediate supervisor of a complaint within fifteen (15) workdays of the date upon which the employee could have reasonably been aware of the occurrence of the matter which gave rise to the complaint. The notice shall clearly identify the matter as a Step I grievance complaint. This is not a required first step of the grievance acknowledging receipt procedure. (2) An employee may opt to bypass the Step I procedure and file his/her complaint directly to the Step II (departmental) level. If bypassing Step I, an employee must file a written grievance, in accordance with section 2(c), above, to the head of the employee's department, within fifteen workdays of the date upon which the employee could have reasonably been aware of the occurrence of the matter which gave rise to the complaint. (3) A supervisor may elect not to meet with the employee and/or his/her representative in a Step I meeting, and if such election is made, the supervisor shall advise the employee within two (2) workdays of receiving notice of the complaint or grievance. The City Manager employee will then have ten (10) workdays to file his/her complaint or grievance, in writing, to Step II - Department head. (4) If a Step I is initiated, the complaint shall be discussed informally by the aggrieved employee, or his/her designee will hold a hearing representative, or both, and the immediate supervisor. If the issue remains unresolved, an employee must comply with the following time frames for filing to the Step II level: a) within twenty-one ten (2110) calendar days of workdays after receipt of the grievance. The City Manager Step I decision; or his/her designee will respond to the grievance in writing b) within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.thirty

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should 1 A grievance shall be defined as any difference controversy or dispute arise arising between the City and any employee or group parties involving questions of employees with respect to the interpretation or application of a specific the terms and identified provision provisions of this AgreementAgreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, it the parties hereto agree that they will be considered promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. A class action grievance is a grievance that involves more than three (3) employees. Class action grievances may be initially filed at Step 2 of the grievance procedure. Section 2 Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and must be resolved in accordance with the County, other than cases of discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as the case may be, shall use the following procedureprocedures: Step 1. If In the Unionevent that an employee believes there is a basis for a grievance, any said employee or group of employees believes that she/he has and/or a Union representative shall present a formal grievance (as defined in section one (1), she/he shall first cite in writing to the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt employee’s division head within five (5) working days of the grievance. Any grievance not reduced to writing and submitted to date of the Department Head within twenty-one (21) calendar days occurrence of the event giving rise to the grievance. The Formal Grievance shall be presented on the designated form, or signed by both the grievant (s) and a Step 2. In the event the aggrieved employee and/or the Union is not satisfied with the written answer to Step 1 above, the said grievance shall be presented within twenty-one five (215) calendar working days after the union written answer above to the Port Director, or the affected employee(shis/her designee, who will, within five (5) should have known working days of the receipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within five (5) working days after this meeting, the Port Director or his/her designee shall render a decision in writing. Step 3. If the grievant is not satisfied with the disposition of the grievance by the Department Director or a designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation with the consent of the grievant, (or by an individual grievant, but only if the grievant is a non-member and the Federation declines to process the grievance on that basis alone) to arbitration before an impartial arbitrator by filing a Request for Arbitration Panel Section 3 In the event giving rise an employee is discharged and/or suspended by the County, the aggrieved party to this Agreement or employee or employees shall, within five (5) working days of written notice of discharge and/or suspension grieve his/her discharge and/or suspension to the grievancePort Director, shall be considered abandoned. The Department Head shall hold a Step One hearing or his/her designee who shall, within twenty-one five (215) calendar working days of the receipt of the same, meet with a representative of the Federation in an attempt to resolve the grievance. If At this meeting the Step One hearing employee and/or the on-site Federation representative shall also be present. Within five (5) working days after this meeting, the Port Director shall render his/her decision in writing. Section 4 With respect to discharge and/or suspension, the County shall notify the affected employee no later than ten (10) working days from the date the County fixes the responsibility for the incident upon which the discharge and/or suspension is based. The County's failure to comply with the ten (10) working day period shall constitute a waiver of its rights to take any disciplinary action against the employee or employees, including, but not heldlimited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. Section 5 The time limitations provided in this Article shall be strictly observed and shall be extended only by written agreement of the parties. In the event that the County fails to comply with any of the aforesaid time limitations in Steps 1 and 2 of the grievance procedure or Sections 3 and/or 4 of this Article, the grievant may file to the next level in the grievance procedure, prior to arbitration. In the event that the Federation fails to comply with any of the aforesaid time limitations in Steps 1 and 2 of the grievance procedure or Sections 3 and/or 4 of this Article, the grievance shall be resolved in favor deemed denied and no relief granted. If a grievance meeting is re-scheduled at the request of either of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth aboveparties, the grievance shall time-frames will be resolved in favor automatically extended to allow for re-scheduling of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysgrievance meeting. Step 2. The grievance Section 6 Application to this procedure shall be presented foreclose the grievant from appealing to any other available County procedure or vice-versa. Section 7 Nothing in person this Article shall require the Federation to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt process grievances for employees who are not members of the grievanceFederation, in conformity with Florida law. Section 8 Separations due to reduction in force (layoffs), complaints involving appeals from examination ratings, and classification decisions are not subject to review through this grievance procedure. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond Performance evaluations shall not be subject to the grievance procedure with the exception of those annual evaluations in writing within twenty-one which overall performance evaluations results in a Quality Point Average (21QPA) calendar days after such meetingless than 2.5. This decision shall However, annual evaluations in which the overall performance rating results in a QPA less than 3.5 may be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of subject to the grievance answer will procedure only in the event that an employee is in a block budgeted eligible position and the evaluation impacts the employee’s eligibility to be supplied considered for block budgeting purposes. Such performance evaluation grievances may not proceed to the grievant or Unionarbitration as provided in this article.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference A. Any complaint by an Employee or dispute arise between the City Union concerning the application and any employee or group interpretation of employees with respect this Agreement shall be subject to the interpretation grievance procedure. Any relevant information specifically identified by the grievant or application the Union in the possession of the Employer needed by the grievant or the Union to investigate and process a specific grievance, shall be provided to them upon request within seven (7) working days. The grievance shall be presented to the appropriate supervisor within twenty (20) working days after the occurrence of the alleged violation, or if it concerns an alleged continuing violation, then it must be filed within twenty (20) working days after the alleged violation first became known or should have become known to the Employee involved, except that in the case of an alleged payroll computational error, such allegation shall be presented to the department head or designee in writing within twenty (20) working days after the alleged error is discovered by the Employee, or the grievance may not be considered. B. An individual Employee may present a grievance to the Employee's immediate supervisor and identified provision have the grievance heard without intervention of the Union, provided the Union has been afforded an opportunity to be present at the conference(s) on the grievance. Any adjustment made shall not be inconsistent with the terms of this Agreement. By mutual consent of the Union and the Employer, it will any time limits within each step may be considered extended. C. Informal Step. A grievance shall, whenever possible, be discussed informally between the Employee and the immediate supervisor within the twenty (20) working day limitation provided for in paragraph "A" above. The grievant may be assisted by a Union representative. If the immediate supervisor does not reply by seven (7) working days, the Employee or the Union may pursue the grievance and must be resolved in accordance with to the following procedure:next step. Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing grievant is not satisfied with the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt result of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievanceinformal conference, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal may submit a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy written statement of the grievance within seven (7) working days after receiving the answers to the informal complaint to the division head or designee; or if the immediate supervisor does not reply to the informal complaint within seven (7) working days, the Employee or the Union may submit a written statement of the grievance to the division head or designee within fourteen (14) working days from the initial submission of the informal complaint; or if the grievance was not discussed informally between the Employee and the immediate supervisor, the Employee or the Union may submit a written statement of the grievance to the division head or designee within the twenty (20) working day limitation provided for in paragraph "A" above. A meeting shall be held between the grievant and a Union representative with the division head or designee within seven (7) working days after the written grievance is received. Either side may present witnesses. The division head or designee shall submit a written answer will be supplied to the grievant or Unionthe Union within seven (7) working days after the meeting.

Appears in 2 contracts

Samples: Unit 04 Agreement, Unit Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference A grievance under this Agreement is a dispute, claim or dispute arise between complaint arising under and during the City term of this Agreement, and any employee or group is limited to matters of employees with respect to the interpretation or application of express provisions of the Agreement. The following shall be the grievance procedure: A. Not later than ten (10) working days after occurrence, an employee shall inform their immediate Supervisor they have a specific grievance concerning their employment. The Supervisor shall meet with the employee within the next three (3) working days for a discussion of the grievance in an attempt to resolve the matter. If the aggrieved employee wishes, the aggrieved employee may have their Xxxxxxx assist them in their oral presentation. The Supervisor will provide a response within three (3) working days after oral presentation to the aggrieved. A. If the aggrieved employee does not receive a satisfactory answer from their Supervisor, they may submit the grievance in written form to their Supervisor or designee, for a written decision, provided the submission is made within the five (5) working days following an unsatisfactory answer. If the aggrieved employee wishes, they may have their Xxxxxxx assist them in the written presentation. The written grievance must specify 1) the Section and identified provision Paragraph of the Agreement allegedly violated, 2) date of occurrence of each alleged violation, 3) manner of alleged violation, and 4) the adjustment requested. B. Upon receipt of the written grievance, the Supervisor or designee, shall set a place and time within seven (7) working days for a grievance hearing. If the aggrieved employee wishes, they may have their Xxxxxxx assist them at the grievance hearing. Whether or not their Xxxxxxx assists at the grievance hearing, the Xxxxxxx and the appropriate Chief Xxxxxxx shall each receive a copy of the written decision. The Supervisor or designee must provide the written response within five (5) working days after the Step 2 grievance hearing. A. If the aggrieved employee does not receive a satisfactory written answer, the written grievance may be submitted to the University Labor designee to form a three-person Review Committee, provided the aggrieved employee's submission to the University Labor designee is made within ten (10) working days following an unsatisfactory answer. B. Upon receipt of the written grievance, the University Labor designee and the Union shall set a mutually agreeable time and place within ten (10) working days for a discussion of the grievance with the intent of both parties to resolve the issue. The Union may have the Local President or Chief Xxxxxxx and not more than two (2) employees or non-employees at the grievance hearing. Whether or not the Chief Xxxxxxx assists in the preparation of the grievance, the Local President and Chief Xxxxxxx shall receive a copy of the written decision. C. The University Labor designee shall inform the Union in writing within fifteen (15) working days of the decision. If the decision is not satisfactory to the Union, and if the grievance is arbitral under Section 9 of this Agreement, it will may be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced referred to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysarbitration. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should In determining the time in which any step under the following is to be taken, Saturdays, Sundays, recognized holidays, or an authorized leave being paid directly by the University shall be excluded. 28.1 Any difference or dispute arise arising between the City and any employee or group of employees with respect parties to this Agreement relating to the interpretation meaning, interpretation, or application of a specific and identified provision of this Agreement, it will including allegations that the Agreement has been violated, may be considered the subject of a grievance and must shall be resolved processed in accordance with the following procedure:manner following. Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The 28.2 No grievance shall be reduced to writing and shall be signed processed through the grievance procedure which is not initiated by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head Union within twenty-one five (2125) calendar days after the incident giving rise to the grievance or within twenty-five (25) days of the event Employee becoming aware of the incident giving rise to the grievance. 28.3 An Employee who feels that they have a complaint may first discuss the matter with the Department Head or designate. The Employee may have a Union Representative present, or within twenty-one (21) calendar days after if so desired. When any complaint cannot be settled by the union foregoing informal process, the formal grievance procedure may be invoked. 28.4 Subject to Articles 28.8 and 29.8, it is agreed that the presentation and processing of any grievance herein, including any arbitration procedures as specified in Article 29, must conform to the applicable procedure and time limits. 28.5 STEP ONE If the Employee or the affected employee(s) should have known Union is not satisfied with the decision of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing or designate the Union may within twenty-one ten (2110) calendar days of receipt of the grievance. If decision or the Step One hearing is not helddate the decision should have been given, present a grievance in writing to the Senior Director, Human Resources, at the first level of the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievancesprocedure. If the Union does not timely appeal receive a grievance, it shall be considered abandoned. If reply or satisfactory disposition is not made by the Department Head, then settlement within twenty-one ten (2110) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging days STEP TWO Within ten (10) days from receipt of the grievance. The City Manager decision, or his/her designee will hold the date a hearing within twenty-one (21) calendar days of receipt of decision should have been given in Step One, the grievance. The City Manager or his/her designee will respond to Union may present the grievance in writing within twentyeither by personal service or by registered mail to the Vice-one (21President Finance and Administration as the second level in the grievance procedure. 28.6 Where a grievance is presented or at any meeting in accordance with the foregoing process, or hearing relating to a grievance, the affected Employee(s) calendar days after such meeting. This decision and a representative of the Union Local shall be signed by given the City Manager necessary time off without loss of pay. 28.7 Where either party to this Agreement disputes the general application, interpretation, or designee and be final and binding except for demotion, termination or suspension alleges a violation of an employeearticle of this Agreement, the dispute shall be discussed initially with the University or the Union, as the case may be. A copy Where no satisfactory agreement is reached, either party may submit the dispute to arbitration, as provided in Article 29 of this Agreement. 28.8 At the grievance answer will request of either party to this Agreement, it may be supplied mutually agreed to extend the grievant or Uniontime limits specified herein.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1A grievance is defined as an allegation that the terms of this written Agreement have been violated. Should any difference or dispute arise between the City and any employee or Where a group of employees with respect bargaining unit members desire to the interpretation or application of a specific and identified provision of this Agreement, it will be considered file a grievance and must involving a situation affecting each member in the same manner, one member selected by such group may process the grievance as a class action grievance, provided each Employee desiring to be resolved included in accordance the class action grievance, signs said grievance. Resolution of grievances shall be pursued in accord with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he steps: An Employee who has a grievance (as defined in section one (1)may discuss the grievance with his immediate supervisor if an oral discussion would be conducive to resolving the matter. An oral discussion will, she/he shall first cite in writing however, not relieve the specific contract clause violated and Employee from the relief requestedobligation of filing a written grievance within the time period set forth herein. The A grievance shall be reduced to writing and set forth the details of the grievance (i.e. the facts upon which it is based, the approximate time of the occurrence, the relief or remedy requested), and shall be signed by submitted to the aggrieved employee or employees and Employee's immediate superior within ten (10) calendar days after the bargaining unit representative. The written grievance shall be signed off on by event which is the Department Head acknowledging receipt cause of the grievance. Any grievance not reduced to The day following the date of the occurrence shall be considered the first day of the ten (10) day period. The immediate superior should give his answer in writing and submitted to the Department Head Employee within twenty-one five (215) calendar days after the grievance was presented to him. Step Two If the grievance is not resolved at Step One to the satisfaction of the Employee, it shall be presented to the Employee's department head within five (5) calendar days of the event decision of the superior at Step One. If the superior has failed to respond to Step One, the grievance must be submitted to the Chief of Police within twenty (20) days of the date of the occurrence giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing Chief of Police should answer the grievance in writing within twenty-one ten (2110) calendar days of the date of the receipt of the grievance. If the Step One hearing Employee is not held, satisfied with the resolution of the grievance shall be resolved in favor by the Chief of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth abovePolice, he may submit the grievance shall be resolved in favor of to the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2City Manager. The grievance shall be presented in person to the City ManagerManager within ten (10) days of the date of the department head's reply, or if the department head has failed to reply, within forty (40) days of the date of the occurrence giving rise to the grievance. The City Manager Manager, or his/her designee will sign a representative appointed by the City Manager, other than an Employee of the Police Department, shall conduct a grievance acknowledging hearing within ten (10) days of the receipt of the grievance. The City Manager or his/her designee Employee has the right to be present at this hearing and has the right to be represented by a person of his choice. If the grievance hearing is scheduled during an Employee's working hours, he will hold a hearing within twenty-one (21) calendar days be relieved from duty without loss of receipt of pay in order to attend the grievancegrievance hearing. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This Manager's decision shall be signed by in writing and shall be based upon the City Manager or designee and be final and binding except for demotion, termination or suspension written provisions of an employee. A copy of the grievance answer will be supplied to the grievant or Unionthis Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 9.01 Any dispute involving the application, interpretation, administration, or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision alleged violation of this Agreement, it will including any question as to whether a matter is arbitrable, may be considered made the subject of a grievance and an xxxxxxx effort shall be made to settle such a grievance as quickly as possible. 9.02 It is the mutual desire of the Parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until she / he has first given the employee’s immediate Supervisor the opportunity of adjusting the complaint. Any employee with a complaint must declare it to be resolved a formal complaint under the terms of this Article in accordance writing to their immediate supervisor at the time of the complaint. Such complaint shall be discussed with the following employee’s immediate Supervisor within seven (7) working days of the employee becoming aware of the complaint stage of the grievance procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing complaint is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievancesettled, it shall be considered abandonedtaken up as a grievance within seven (7) working days of the discussion in the following manner and sequence. 9.03 Stage 1 - The employee may file a grievance in writing with their immediate Supervisor. The written grievance, signed by the employee, shall state the nature of the grievance and the redress sought. The immediate Supervisor shall give the griever his / her decision in writing within seven (7) working days of the submission of the grievance. 9.04 Stage 2 - If satisfactory disposition the grievance is not made by resolved at Stage 1, within seven (7) working days after the Department Head, then within twenty-one (21) calendar days. Step 2. The Supervisor’s decision is given the griever may submit the grievance shall be presented in person to the City Manager. The City Manager Executive Director, or his/her designee will sign / his designate, who shall hold a meeting with the grievance acknowledging griever at a mutually agreeable time within fifteen (15) working days of the receipt of the grievancerequest. At the meeting with the Executive Director (or her / his designate), there may be present the griever, two (2) Stewards and an OPSEU staff representative and the Employer may have in attendance at such meeting on its behalf such representative(s) as it considers advisable or necessary. The City Manager or his/Executive Director shall deliver her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance / his decision in writing within twenty-one seven (217) calendar working days after such of the meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of If the grievance answer will be supplied is not resolved at Stage 2, the griever may submit the grievance to the grievant or Unionarbitration as set out below.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 21.1 A grievance is an employee’s or dispute arise between the City and any employee Chief’s expressed feeling of dissatisfaction, presented in writing, concerning a dispute, claim or group of employees with respect to the interpretation or application complaint arising under an alleged violation of a specific and identified provision Article(s) enumerated in the terms of this Agreementlabor agreement which has not been resolved to the employee’s or Town’s satisfaction through informal discussion. A grievance may be filed by the Town or the Union. 21.2 A grievance, it will beginning at Step 2 below, must contain the following information: a) a statement of the grievance which cites the part of the Agreement which has been violated, or the circumstances which give rise to the grievance; b) a statement of remedial action or relief sought; c) evidence (documentary, if available) to support the grievance; and d) a statement of reasons why the aggrieved believes that the remedy should be considered a granted. 21.3 The procedure for handling grievances which may arise under this agreement is as follows: Step One: Informal discussion- The employee shall discuss the grievance and must be resolved in accordance with the following procedure: Step 1. If the UnionChief or designee, any employee or group of employees believes that she/he has a grievance within seven (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (217) calendar days of its occurrence unless it is clear that the event giving rise Chief or designee would have no power to remedy the grievancematter. The Chief or designee must make his/her decision, verbally or in writing, within twenty-one (21seven) 7 calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievancegrievance unless it is mutually agreed by the participants that additional time to answer will be allowed. If the Step One hearing is not held, Two: Should the grievance shall remain unsettled, it must be resolved presented in favor of writing, as required in Section 21.2 above, to the grievant or Union. The Department Head shall issue a written answer Chief within twenty-one (21) five calendar days after the Step One hearingdecision is rendered or due. If no The employee alone or the employee and the authorized representatives of the Union shall discuss the grievance with the Chief. The Chief will issue a written decision within 7 calendar days of his or her receipt of the grievance, unless it is mutually agreed by the participants that additional time to answer is given in the time limits set forth above, allowed. Step Three: If the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does has not timely appeal a grievancebeen settled at Step Two, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person writing to the City Manager. The City Town Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one seven (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (217) calendar days after such meeting. This the decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant Chief is rendered or Uniondue.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1Grievance shall be limited to matters concerning the specific provisions of the agreement. Should any difference A grievance means a claim by a unit member or dispute arise unit members that the terms of the contract have been violated, improperly applied, or misinterpreted. This procedure shall constitute the sole and exclusive method for adjustment of grievances. Any unit member who claims a grievance shall present the grievance informally to his or her immediate supervisor within fifteen (15) days after the event in contention. The immediate supervisor shall give an answer to the unit member not more than three (3) work days after the grievance is presented. Within five (5) work days after completion of Level I, the grievance, if it has not been resolved, shall be presented by the unit member to the Personnel Administrator or his designated representative, in writing, signed by the grievant. The Personnel Administrator shall report the decision in writing to the grievant and the Association’s grievance committee person within five (5) work days. Within five (5) work days after completion of Level II, the grievance, if it has not been resolved, shall be presented by the unit member to the Superintendent or his designated representative and the Association’s grievance committee person in writing, and a meeting between the City Superintendent and any employee or group the grievant shall be requested. Following the meeting, the Superintendent shall inform the grievant and the Association’s grievance committee person in writing of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1decision. If this action is not completed within five (5) work days, the Uniongrievance may proceed to Level V. Within five (5) work days after the completion of Level III, any employee or group the grievance, if it has not been resolved, shall be referred to a fact finding committee consisting of employees believes that she/he has three (3) members: one appointed by the Governing Board, one appointed by the Association, and a grievance (as defined in section one (1), she/he shall first cite in writing chairman selected and mutually agreeable to both the specific contract clause violated Governing Board and the relief requestedAssociation. The grievance Such notice shall be reduced to in writing and shall be signed by the aggrieved employee or employees unit member initiating the grievance and the bargaining unit representativeAssociation’s grievance committee person. The written grievance shall be signed off on by Within five (5) work days after the Department Head acknowledging receipt of such notice, the fact finding committee shall meet to determine the facts relating to the grievance. Any grievance not reduced to writing and submitted Within fifteen (15) work days the committee shall submit its recommendations or reasons for extending the time to the Department Head within twenty-one (21) calendar days Superintendent and the Association’s grievance committee person in writing of the event giving rise decision. The Superintendent will then have five (5) work days to consider these recommendations and shall inform the grievant and the Association’s grievance committee person in writing of the decision. If the decision is not satisfactory to both parties, the Association may submit it to Level V for arbitration. All costs for fact finding shall be shared by the District and the Association. 1. Within fifteen (15) work days after the completion of Level IV, the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievanceif it has not been resolved, shall be considered abandonednoticed for arbitration. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of Such notice requesting the grievance. If the Step One hearing is not held, the grievance arbitration shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision and shall be signed by the City Manager or designee Association’s grievance committee person and be final and binding except for demotion, termination or suspension of an employeeby the unit member who initiated the grievance. A copy of the grievance answer will be supplied to the grievant or Union.Within ten

Appears in 2 contracts

Samples: Contract Between the Cajon Valley Union School District Governing Board and the Cajon Valley Education Association, Contract Between the Cajon Valley Union School District Governing Board and the Cajon Valley Education Association

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between 8.01 It is the City and any employee or group mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given to his immediate Supervisor, or his designate, an opportunity of adjusting his complaint. For the purposes of this Article, “working days” shall be defined as Monday to Friday. (a) If an employee has any complaint or questions which he wishes to discuss with respect the Company, he shall take the matter up with his immediate Supervisor, or his designate. The Company shall not be required to consider any grievance which is not presented within seven (7) working days after the grievor first became aware or ought to have become aware of the alleged violation of the Agreement. (b) If such complaint or question is not settled to the interpretation or application satisfaction of a specific and identified provision of this Agreementthe employee concerned within three (3) full working day, it will be considered a grievance and must be resolved in accordance with then the following procedure:steps of the grievance procedure may be invoked in order; Step 18.03 A grievance properly arising under this Agreement shall be adjusted and settled as follows: STEP NO. 1 If no satisfactory resolution is reached above, within five (5) working days after the Uniondecision of the immediate Supervisor is given to the employee, any the employee or group of employees believes that she/he has must, with a grievance (as defined in section one (1)Union xxxxxxx, she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance present his grievance, which shall be reduced to writing stating the specific article(s) and section(s) of this agreement allegedly violated on a form supplied by the Union, signed by the employee, to the Human Resources Manager, or his designate, who shall consider it in the presence of the person or persons presenting same and the Human Resources Manager, or his designate, shall render his decision in writing within five (5) working days following the presentation of the grievance to him. STEP NO. 2 Within six (6) working days after the decision is given at Step No. 1, or the time limit has expired, whichever occurs first, the grievance may be referred to the Vice President or his designate. A meeting shall be held between the Union Grievance Committee and the Company within twelve (12) working days. At this meeting, a representative of the International Union and the Grievor may be present. The decision of the Vice-President or his designate shall be given within seven (7) working days after the meeting referred to herein is held. 8.04 A policy grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of this Agreement shall be originated under Step 2, and shall be signed by submitted in writing, and shall provide the aggrieved information as spelled out in Step 1 hereof. However, the provisions of this paragraph must not be used to institute any grievance directly affecting an employee or employees which could have been instituted through the regular grievance procedure as the individual and the bargaining unit representative. The written policy grievance shall be signed off on by the Department Head acknowledging receipt of the grievanceprocedures are mutually exclusive. Any grievance not reduced by the Company or the Union as provided in this paragraph must be commenced within twelve (12) working days after the Company or the Union became aware or ought to writing and submitted to the Department Head within twenty-one (21) calendar days have become aware of the event circumstances giving rise to the grievance, or within twenty-one (21) calendar days after . 8.05 All decisions arrived at between the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If employer and the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotionupon the Company, termination the Union, and the employee or suspension of an employee. A copy employees concerned. 8.06 Time limits may only be extended by mutual written consent of the grievance answer will be supplied parties to the grievant or Unionthis Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should A A grievance shall be defined as any difference controversy or dispute arise arising between the City and any employee or group parties involving questions of employees with respect to the interpretation or application of a specific the terms and identified provision provisions of this AgreementAgreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, it the parties hereto agree that they will be considered a grievance promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and must be resolved in accordance with provisions of this Agreement and other conditions of employment. Section B Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and the County, other than cases of discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as the case may be, shall use the following procedureprocedures: Step 1. If In the Unionevent that an employee believes there is a basis for a grievance, any said employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing discuss promptly the specific contract clause violated and alleged grievance with the relief requested. The grievance shall be reduced to writing and shall be signed immediate supervisor, either privately, or if said employee prefers, accompanied by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt on-site Federation representative within a reasonable period of time of the grievance. Any grievance not reduced to writing and submitted to date of the Department Head within twenty-one (21) calendar days occurrence of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head supervisor shall hold a Step One hearing then respond within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar five working days. Step 2. The In the event the aggrieved employee and/or the Union is not satisfied with the decision of the supervisor, the grievant and/or the on-site Federation representative shall present the grievance in writing to the employee's division head within five (5) working days of the date of the aforesaid decision. Upon presentation of this written grievance to the division head, and within five (5) working days thereafter, the division head, the employee and the on-site Federation representative shall attempt to resolve the same dispute and, within five (5) working days thereafter, the department head shall render a decision in writing to both the employee and to the on-site Federation representative. Step 3. In the event the aggrieved employee and/or the Union is not satisfied with the written answer to Step 2 above, the said grievance shall be presented in person within five (5) working days after the written answer above to the City ManagerPort Director, or his designee, who will, within five (5) working days of the receipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. The City Manager At this meeting, the employee and/or the on-site Federation representative may also be present. Within five (5) working days after this meeting, the Port Director or his/her his designee will sign shall render a decision in writing. In the grievance acknowledging event an employee is discharged and/or suspended by the County, the aggrieved party to this Agreement or employee or employees shall, within a reasonable period of time, grieve his discharge and/or suspension to the Port Director, or his designee who shall, within five (5) working days of the receipt of the grievance. The City Manager or his/her designee will hold same, meet with a hearing within twenty-one (21) calendar days representative of receipt of the Federation in an attempt to resolve the grievance. The City Manager or his/her designee will respond to At this meeting the grievance in writing within twentyemployee and/or the on-one site Federation representative shall also be present. Within five (215) calendar working days after such this meeting. This , the Port Director shall render his decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionin writing.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should A grievance shall be any difference dispute or dispute arise between complaint concerning the City interpretation of, application of, or compliance with any provisions of this Agreement and any employee or shall be taken up in the manner hereinafter provided. A. As used in this article, the term "employee" shall mean an employee, a group of employees with respect to having the interpretation same grievance, or application the Federation. B. Day shall mean all regular workdays, exclusive of a specific and identified provision of this Agreement, it will be considered holidays. If a grievance and must is not resolved or filed prior to May 1, time limits shall consist of all calendar days so that the grievance may be resolved before the close of the school term or as soon thereafter as is possible. C. The parties hereby agree that informal discussion is encouraged, however, if through informal discussion an employee's grievance is not resolved or by an employee not choosing to have an informal discussion, he or she or it may seek relief by following the steps below in accordance with the following proceduresequence shown: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and the employee(s) and/or a designated representative of the Federation shall present it to the appropriate supervisor (lowest level supervisor that has the authority to resolve the grievance). The grievance must be so presented within thirty (30) working days of the occurrence of the event out of which the grievance arose. The grievance shall state the nature of the incident, the provision of this Agreement on which it is based, the relief sought and must be signed by the aggrieved an employee or employees and the bargaining unit representativeFederation. The District shall give its written grievance shall be signed off on by the Department Head acknowledging answer within fifteen (15) working days following receipt of the written grievance. Step 2. Any grievance not reduced to writing and submitted to If no satisfactory adjustment is agreed upon as provided in Step 1, the Department Head within twenty-one (21matter shall be referred by the aggrieved employee(s) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(sFederation within fifteen (15) should have known of the event giving rise working days to the grievance, shall be considered abandonedStep two. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not heldUpon referral to this step, the grievance shall be resolved in favor referred to the office of the grievant Superintendent for consideration by the Superintendent or Unionhis designee. A meeting between the grievant(s), the Federation, and the Superintendent or his or her designee will occur within ten (10) working days of the grievance being referred to the Superintendent. The Department Head District shall issue a give its written answer within twenty-one fifteen (2115) calendar working days after the meeting at Step One hearing2. Step 3. If no answer satisfactory adjustment is given agreed upon as provided in Step 2, the time limits set forth above, matter shall be referred by the aggrieved employee(s) or the Federation within fifteen (15) working days to Step 3. Upon referral to this step the grievance shall be resolved in favor referred to the Board of Trustees of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2District. The grievance Board shall be presented in person to the City Managergive its written answer within fifteen (15) working days after a hearing at Step 3. The City Manager or his/her designee will sign the grievance acknowledging receipt Upon agreement of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond parties, grievance mediation may be used prior to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionarbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference ‌ 26.1 Any grievance, defined as a claim reasonably and suitably founded on a dispute involving the interpretation, application, or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision violation of this Agreement, shall systematically follow the three (3) step grievance procedure that is outlined in this Article. Any grievance filed shall refer to all provisions of the Agreement that are in dispute, and shall adequately set forth the facts pertaining to the alleged dispute. The legal interpretation of this Agreement is governed by the case and statutory law of the State, together with the Charter and ordinances of the City of Jacksonville. 26.2 An employee having a grievance shall submit it pursuant to the following procedures: STEP I: The employee may present his/her grievance in writing to the appropriate division chief. The employee and appropriate division chief will meet to discuss the grievance. The employee or the appropriate division chief may request that the designated Union grievance representative be present at any discussion of a Step I grievance. The Employer shall notify the Union within five (5) days of all grievances filed under the terms of the collective bargaining agreement or the Civil Service Board grievance procedure that are not filed by the Union. Discussions will be considered informal for the purpose of settling differences in the simplest and most direct manner. No employee will leave his/her work for the purpose of discussing a grievance without first obtaining permission from the appropriate division chief. The appropriate division chief shall notify the employee and must be resolved the designated Union representative, in accordance writing, of his/her decision regarding the grievance within ten (10) business days after the day the grievance was presented. STEP II: If the grievance is not settled at the first step, the employee and/or designated Union grievance representative may present the written grievance to the Director/Fire Chief or his/her designee, within ten (10) business days after the employee is notified of the decision at Step I or after the decision was due. The Director or his/her designee shall meet with the following procedure: Step 1. If employee and/or the Union, any employee or group of employees believes that she/he has a designated Union grievance representative to discuss the grievance within ten (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging 10) business days after receipt of the grievance, unless such time is extended by mutual agreement in writing. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievanceThe Director/Fire Chief, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievancehis/her designee, shall be considered abandoned. The Department Head shall hold a Step One hearing notify the employee and the designated Union representative in writing of his/her decision within twenty-one ten (2110) calendar business days of receipt of the grievance. . STEP III: If the answer from the Director/Fire Chief in Step One hearing II is not heldconsidered satisfactory by the employee, the employee and/or designated Union grievance shall be resolved in favor of representative may present the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager Director of Employee Services, or his/her designee will sign designee, within ten (10) business days after the employee is notified of the decision at Step II or after the decision was due. The Director of Employee Services, or his/her designee, shall meet with the employee and/or the designated Union grievance acknowledging representative within ten (10) business days after receipt of the grievance, unless such time is extended by mutual agreement in writing. At this meeting there will be a full disclosure of all facts relating to the grievance. The City Manager Director of Employee Services, or his/her designee will hold designee, shall render a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to written decision on the grievance in writing within twenty-one ten (2110) calendar business days after such the meeting. This decision shall be signed by the City Manager or designee , and be final and binding except for demotion, termination or suspension of an employee. A furnish a copy of the grievance answer will be supplied decision to the grievant or Unionemployee, the designated Union grievance representative, and the Union President.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference A. A grievance is defined as an alleged violation (misapplication or dispute arise between the City and any employee or group of employees with respect to the interpretation or application misinterpretation) of a specific article or section of this agreement. If any such grievance arises, it shall be submitted to the following grievance procedure. A copy of the grievance form will be included in the contract. Representation of unit members shall be limited to designated Union officials. Unit members may represent themselves at the grievance hearing and, if so, the Union shall have the opportunity to be present at such hearings and identified provision any settlement of a grievance must be consistent with the terms of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance STEP ONE Within ten (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (2110) calendar working days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union time a grievance arises or the affected employee(s) employee knows or should have known of the event giving rise grievance, the employee will present the grievance verbally, to his/her supervisor or the appropriate designated person. Within five (5) working days after presentation of the grievance, the supervisor or designated representative shall be considered abandonedinformally respond. The Department Head shall hold a Step One hearing within twenty-one STEP TWO Within five (215) calendar working days of receipt of the supervisor’s oral response, if the grievance is not resolved, the employee shall present a written grievance to his/her supervisor or the appropriate designated person. Within five (5) working days after presentation of the grievance, the supervisor or designated representative shall give his/her answer in writing to the employee. STEP THREE If the Step One hearing grievance is not heldresolved in Step Two, the grievance shall be resolved in favor employee or the Union Representative may, within five (5) working days of receipt of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth abovesupervisor’s answer, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person submit to the City Manager. The City Manager Superintendent or his/her designee will sign designated representative, the answer at Step Two with the original grievance acknowledging receipt of the grievancestatement. The City Manager Superintendent or his/her designee will hold a hearing designated representative shall meet with the grievant and his/her Union Representative(s) within twenty-one five (215) calendar working days of receipt of the grievance. The City Manager Superintendent or his/her designee will respond designated representative shall respond, in writing, to the grievance in writing employee and the Union Representative within twenty-one five (215) calendar working days after such the meeting. This decision STEP FOUR If the grievance is not resolved in Step Three, the employee or the Union Representative may, within five (5) working days of receipt of the Superintendent’s response, submit the grievance to the Board of Education. At its next regular scheduled meeting, the Board shall be signed by conduct a hearing on the City Manager or designee grievance. The Board shall respond, in writing, to the grievant and be final and binding except for demotion, termination or suspension the Union Representative within ten (10) working days of an employeethe hearing. A copy STEP FIVE If a satisfactory disposition of the grievance answer will be supplied is not made as a result of the procedure provided for in Step Four, within fifteen (15) working days after receipt of the decision, the designated Union Representative shall submit notice of the desire to arbitrate to the grievant or UnionBoard. The parties shall immediately and jointly request the Federal Mediation and Conciliation Service to submit to them a panel of seven (7) arbitrators, at least five (5) of whom shall be from Ohio, which the Board first and the Union shall alternately strike names until one remains and this person shall be the arbitrator. Each party may request a second list. Upon receipt of the list of arbitrators, the parties shall select an arbitrator within a reasonable length of time.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 117.01 The parties to this Agreement recognize the Stewards and the Union Representatives specified in Article 4 as the agents through which employees shall process their grievances and receive settlement thereof. 17.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) workdays after the subject of such grievance occurred. Should any difference If the action or dispute arise condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the City and any employee or group of employees with respect parties hereto relating to the interpretation interpretation, application or application of a specific and identified provision administration of this Agreement. 17.03 A “Group Grievance” is defined as a single grievance, it will be considered signed by a grievance and Xxxxxxx or a Union Representative on behalf of a group of employee who have the same complaint. Such grievances must be resolved in accordance dealt with at successive stages of the following procedure: Grievance Procedure commencing with Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance grievors shall be reduced listed on the grievance form. 17.04 A “Policy Grievance” is defined as one that involves a question relating to writing the interpretation, application or administration of this Agreement. A Policy Grievance may be submitted by either party to arbitration under Article 19, bypassing Steps 1 and 2. Such Policy Grievance shall be signed by a Xxxxxxx or a Union Representative, or in the aggrieved case of an Employer's Policy Grievance, by the Employer or his representative. 17.05 An employee or employees and who has a complaint concerning his employment will first of all attempt to resolve it verbally with his supervisor. Failing a satisfactory resolution of the bargaining unit representative. The complaint, the employee may then submit the complaint as a written grievance shall be signed off on under the next article. a. Step 1 Any employee having a grievance will, accompanied by a Xxxxxxx or a Union Representative, submit the Department Head acknowledging receipt same to his immediate supervisor within five (5) workdays of the act or condition causing the grievance. Any This supervisor will deal with the grievance not reduced to writing later than the third (3rd) workday following the day upon which the grievance is submitted and submitted to will notify the Department Head grievor and the Union Representative of his decision in writing. b. Step 2 If the grievance is not settled under Step 1, a Union Representative may within twenty-one five (215) calendar days workdays of the event giving rise to the grievancedecision under Step 1, or within twenty-five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (211) calendar days week after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandonedgrievance has been filed. The Department Head Employer shall hold a Step One hearing within twenty-one (21) calendar days of receipt of notify the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If grievor and the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt Representative of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance his decision in writing within twenty-one three (213) calendar days after such workdays following the meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy . 17.07 The timelines of the grievance answer will procedure can only be supplied to extended by mutual agreement of the grievant or Unionparties in writing.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision 7.01 The purpose of this Agreement, it will Article is to establish a procedure for the orderly settlement of grievances. A grievance shall be considered to exist when it is alleged that there is a violation of this agreement arising from the interpretation, application or failure to comply with the terms thereof. It shall be optional with the Company or the Union to consider any grievance, the alleged circumstances of which occurred more than thirty (30) days prior to its written presentation. When a grievance arises, an xxxxxxx effort shall be made to settle it by the Company, the employee concerned, and must be resolved in accordance with the following procedure: Step 1. If the Union, any and it shall be handled in the Steps as hereinafter provided. 7.02 Step No. 1 - Any regular employee or group of employees believes that she/he who has a grievance shall present the grievance verbally to management and will be accompanied by a Xxxxxxx. Management shall state their decision verbally within three (as defined 3) working days of such meeting. If this verbal decision does not satisfactorily adjust the grievance, it may be appealed to Step 2 following. Step No. 2 - Notice of appeal must be made within seven (7) working days of the verbal decision, in section one (1)writing, she/he shall first cite in writing triplicate, on forms supplied by the specific contract clause violated Union, and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and two members of the bargaining unit representativeGrievance Committee. The written grievance It shall be signed off on by appropriately dated showing the Department Head acknowledging receipt date of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days , particulars of the event incident giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known Article and Section of the event giving rise Collective Agreement alleged to have been Step No. 3 - Notice of appeal must be given in writing by dating and signing the grievancegrievance forms within ten (10) working days from the written decision of local management or their designate, shall be considered abandonedthrough the Manager, Labour Relations, setting forth the areas or points of disagreement within the Step 2 written decision. The Department Head shall hold Manager, Labour Relations, will arrange a Step One hearing within twenty-one Management Committee to meet with up to two (212) calendar days of receipt members of the grievance. If Grievance Committee and the Step One hearing is not heldLocal President, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth aboveBargaining Unit Chairperson, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee designated alternate, within seven (7) working days or a time mutually agreed upon. The two committees jointly will sign discuss the grievance acknowledging receipt and may request the attendance of the grievanceany person or persons interested or involved. The City Manager or his/her designee Management Committee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance render its decision in writing within twenty-one seven (217) calendar working days after from the date of such meetingmeeting to the Local or Bargaining Unit. This If the Committee’s decision shall does not bring about a satisfactory settlement, the grievance may be signed referred by either party to arbitration as provided for in Article 8. 7.03 Should a regular employee claim that he has been unjustly discharged and wishes to seek redress under the grievance procedure, he must present such grievance, in writing, 7.04 Failure by the City Manager Company to reply to grievances within the time limits provided in this agreement, or designee and be final and binding except for demotionany agreed upon extension, termination or suspension of an employee. A copy of will result in the grievance answer will be supplied being processed to the grievant next Step within the grievance procedure. 7.05 An employee and/or Xxxxxxx shall obtain the permission of his Supervisor before interrupting or Unionleaving his work to deal with a grievance. Permission will not be arbitrarily or unreasonably withheld. 7.06 In this Article 7 only, when computing working days, Saturdays, Sundays and recognized holidays shall not be included.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 6.01 In Article 6, “working day” means a day other than Saturday, Sunday or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and recognized holiday. 6.02 Grievances must be resolved initiated in accordance writing at the designated step of the grievance procedure within ten (10) working days of the date upon which the grieving employee should have reasonably become aware of the alleged violation of the Agreement. 6.03 The parties to this Agreement agree that it is of importance to adjust complaints as quickly as possible. Employees with the following procedure: Step 1a complaint, shall first discuss this matter with their immediate supervisor. If the complaint is not then satisfactorily adjusted, the grievance procedure outlined below may be followed by the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested: STEP NO. 1 The grievance shall be reduced presented in writing to writing the Human Resources Officer or designate within ten (10) days from the time the circumstances upon which the grievance is based were known or should have been known by the grievor. The written grievance shall identify the facts giving rise to the grievance, the section or sections of the Agreement claimed violated, and shall be signed by the aggrieved employee or employees grievor and countersigned by the bargaining unit representativerepresentatives of the Union. The Human Resources Officer or designate shall inform the Union of the name of the official designated to hear the grievance at a meeting, no lather than ten (10) days after receipt of the written grievance. A representative of the Union shall accompany the grievor to see the official designated to hear the grievance. The designated official shall give the grievor a written decision no later than ten (10) days after the aforementioned meeting. If the decision is not satisfactory to the grievor, then the next step must be taken within ten (10) days of the receipt of the written decision but not thereafter. STEP NO. 2 At this step the written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted presented to the Department Head Human Resources Officer or designate within twenty-one the aforesaid ten (2110) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievancewritten decision at Step No. 1, but not thereafter. A meeting will be held between the Grievance Committee together with the grievor, and the Superintendent responsible for Plant. The Superintendent responsible for Plant shall give a written decision to the representative of the Union within ten (10) days of such meeting. If the Step One hearing written decision is not held, satisfactory to the grievance shall be resolved in favor representative of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then the next step must be taken within twenty-one ten (2110) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the written decision, but not thereafter. STEP NO. 3 If a settlement is not reached at Step 2, upon notice of the party initiating the grievance, it may be referred to arbitration as hereinafter provided. The City Manager or his/her designee will respond notice for arbitration must be made in writing by the party initiating the grievance within fifteen (15) working days after the decision of the other party is communicated to it. 6.04 At any stage in the grievance procedure, the parties by mutual consent in writing may elect to resolve the grievance by using grievance mediation. The parties shall agree on the individual to be the mediator and the time frame in which the resolution is to be reached. 6.05 The timelines outlined in the grievance procedure shall be frozen at the time the parties mutually agreed in writing to use the grievance mediation procedure. Upon written notification of either party to the other party indicating that the grievance mediation is terminated, the timelines in writing within twenty-one (21) calendar days after such meeting. This decision the grievance procedure shall continue from the point at which they were frozen. 6.06 The time limits in Articles 6, 7, 8 and 9 shall be signed observed by both parties hereto except where an extension or limitation of such time limits is mutually agreed upon in writing. 6.07 All decisions arrived at between the City Manager or designee Board and the Union with respect to any grievance shall be final and binding except upon the Board and the Union and the employee or employees concerned. 6.08 Permission for demotionthe grievor and the grievor's xxxxxxx to leave their work without loss of basic pay to take part in the processing of a grievance is granted under the following conditions: (a) It shall only apply to time spent processing grievances in Steps 1 and 2 of Article 6, termination or suspension Article 9, and time spent attending on an arbitration pursuant to Article 8. (b) All time shall be devoted to the prompt handling of grievances. (c) The xxxxxxx and grievor concerned shall obtain the permission of the appropriate supervisor concerned before leaving their work. Such permission shall not be unreasonably withheld. (d) All time away from work shall be properly reported. (e) Should the nature of a grievance require a xxxxxxx to visit the work area of an aggrieved employee, permission of the immediate supervisor must be requested. A copy of the grievance answer will be supplied time mutually satisfactory to the grievant Board and the Union shall be set for such visit. In the event the immediate supervisor believes that time off work is being abused, the matter shall be referred to the Board and it may be taken up as a Board Grievance under Article 7.02. 6.09 Either party may have the assistance of employees or Union.other persons not exceeding three

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 9.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances concerning the interpretation or alleged violation of the Agreement as quickly as possible. 9.02 A grievance may arise only from a dispute concerning the interpretation, application, administration, or alleged violation of this Agreement. 9.03 No employee shall have a grievance until he has discussed his complaint with his immediate Supervisor. If the complaint is not resolved, a grievance properly arising out of this Agreement shall be adjusted and settled as follows: No grievance shall be considered where the events giving rise to it occurred, or originated or became known more than three (3) full working days before the filing of the grievance. STEP 1: The employee together with his xxxxxxx or plant chairperson shall take the matter up with his immediate Supervisor. Should The supervisor shall give his decision within three (3) working days from the date of receipt of the grievance. STEP 2: If the immediate supervisor does not settle the matter to the satisfaction of the employee, it shall be taken up by the People Resources Manager, Production Manager (if required), Union Xxxxxxx, and Unit Chairperson in writing within a further three (3) working days from receipt of the answer in Step 1 and a decision rendered in writing within five (5) working days from the receipt of the grievance by the People Resources Manager. STEP 3: Failing settlement at Step 2, the People Resources Manager, Union Xxxxxxx, Unit Chairperson, Local 333 President/Business Agent, and/or National Union Representative may submit the grievance to the President of the Company or his designate within ten (10) calendar days from having received the Company’s response in Step 2 and the President or his designate shall render his decision within ten (10) calendar days after receipt of the grievance at Step 3. If a settlement satisfactory to the employee is not reached, then the grievance may be referred to arbitration as outlined in Article 10. 9.04 A claim by an employee who has completed his probationary period that has been unjustly discharged or suspended will be treated as a grievance, provided that he files a written grievance with the People Resources Manager within three (3) working days after his discharge or suspension. In such cases, the first step of the regular grievance procedure will be omitted. 9.05 An employee will have the right to have his xxxxxxx present when he is being formally disciplined. The Company will supply the xxxxxxx with a copy of any difference written warning or dispute arise reprimand issued to an employee. No employee shall receive any form of discipline without a xxxxxxx present. In the event the Company disciplines an employee without a xxxxxxx present such discipline shall be null and void. 9.06 A Company grievance may be taken up with the Union between the City Company and any the Union Committee. In all cases, the Union’s decision regarding same will be given in writing and failing satisfactory settlement, the grievance shall be subject to the arbitration procedure. A Union grievance may similarly be taken up with the Company on matters of a general nature relating to the Agreement, provided that such grievance cannot be otherwise brought forward as the grievance of an employee or group of employees with respect pursuant to the interpretation or application provisions of a specific and identified provision of this Agreement, it will Article 9 herein. The Company’s decisions in such cases shall be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite given in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not heldfailing satisfactory settlement, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person subject to the City Managerarbitration procedure. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision Such grievances shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy commence at Step 2 of the grievance answer procedure. 9.07 Any incident resulting in suspension enacted in the afternoon shift will be supplied to discussed at a meeting between the grievant People Resources Manager or Unionhis designate and the plant chairperson and xxxxxxx in the first day shift following the incident, providing all parties are available.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 11.1 It is the mutual desire of the Parties hereto that complaints of employees shall be adjusted as quickly as possible. Such complaints shall be acted upon in the following manner and sequence. Step 1 It is understood that an employee has no grievance until they have first given their immediate Supervisor an opportunity of adjusting their complaint. Such complaint shall be discussed with the immediate Supervisor within seven (7) working days after the circumstances giving rise to the complaint have occurred, and failing settlement, it may then be taken up as a grievance within five (5) working days following the discussion with the immediate Supervisor. In discussing such complaints, the employee may be accompanied by a Local Union Representative. Step 2 The aggrieved employee(s) shall submit their grievance in writing to the Chairperson of the Union Committee. If the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Division Manager and/or his or her immediate departmental Director/Manager within five (5) working days as spelled out in Step 1. Should any difference The written grievance signed by the aggrieved employee(s) must contain the nature of the grievance, the remedy sought and the section or dispute arise sections of the Agreement which are alleged to have been violated. The Division Manager and/or his or her immediate departmental Director/Manager will deliver their decision in writing within five (5) working days following the day on which the grievance is presented to them. The Division Manager and/or his or her immediate departmental Director/Manager will also distribute copies of the original grievance and their answer, to the immediate Supervisor concerned. Failing settlement then Step 3 may be invoked. Step 3 Within five (5) working days following the receipt of the written decision under Step 2, the Grievance Committee may submit the written grievance to the Manager, Employee Relations or designate. A meeting will be held within ten (10) working days of the receipt of the written grievance at which time the matter will be reviewed. The Manager, Employee Relations or designate will deliver their decision in writing within five (5) working days from the date on which the meeting was held under Step 3. 11.2 A complaint or grievance arising directly between the City Corporation and any employee the Union concerning the interpretation, application or group of employees with respect to the interpretation or application of a specific and identified provision alleged violation of this Agreement, shall be originated under Step 3. Failing settlement under Step 3, it will may be considered a grievance and must be resolved submitted to Mediation/Arbitration in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference Any grievance arising during the life of this contract pertaining to wages, hours of work and working conditions of employees in the bargaining unit shall be subject to the procedures outlined below: Either the Company or dispute arise between the City and Union or any employee (or group Xxxxxxx, Chief Xxxxxxx or Business Representative in his/her behalf) may file grievances. Grievances of employees with respect the Company or Union shall be presented directly to the interpretation or application other in writing. Grievances of a specific and identified provision of this Agreement, it the employees shall be reduced to writing on grievance forms provided by the Union. All answers by the Company shall likewise be in writing. Grievances will be considered a grievance and must be resolved in accordance with the following procedurehandled as follows: Step 1. The employee, his/her Xxxxxxx or both, shall present the matter in dispute for settlement to his/her Supervisor. If the UnionSupervisor's decision is not satisfactory or is not given within three (3) working days, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requestedStep 2 will be followed. Step 2. The Such grievance shall then be reduced to writing and shall be signed presented by the aggrieved employee Chief Xxxxxxx within three (3) working days after the Supervisor's unsatisfactory decision or employees and failure to give a decision, whichever is applicable, to the bargaining unit representativeDepartment Head. The written If the Department Head's decision is not satisfactory or is not given within three (3) working days, Step 3 will be followed. Step 3. Such grievance shall then be signed off on presented by the Department Head acknowledging Business Representative of the Union within five (5) working days from receipt of the grievance. Any grievance not reduced Department Head's unsatisfactory decision or failure to writing and submitted give a decision, whichever is applicable, to the Department Head within twenty-one Human Resources Director who shall give his/her answer not later than five (215) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar working days after the union or the affected employee(s) should have known presentation of the event giving rise grievance to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievancehim/her. If the Step One hearing decision of the Human Resources Director is not heldsatisfactory, such grievance will be discussed by the grievance shall be resolved in favor Business Manager of the grievant or Union. The Department Head shall issue a written answer Union and the Human Resources Director within twenty-one five (215) calendar working days after receipt by the Step One hearingBusiness Manager of the unsatisfactory answer by the Human Resources Director. If no answer is given in In the time limits set forth event the Company and the Union are unable to settle any grievance under the procedures outlined above, the grievance shall be resolved in favor further processed under Section 3 - Arbitration - of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysthis Article. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement (Wells Gardner Electronics Corp), Collective Bargaining Agreement (Wells Gardner Electronics Corp)

GRIEVANCE PROCEDURE. Section 1. Should any difference A grievance or dispute which may arise between the City and any employee parties, including the application, meaning or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will shall be considered a grievance put in writing and must be resolved settled in accordance with the following proceduremanner: Step 1. If The Union Xxxxxxx, with or without the Unionemployee, any employee shall take up the grievance or group of employees believes that she/he has a grievance dispute with the employee's immediate supervisor within ten (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (2110) calendar working days of the event giving rise to the grievance, date of its occurrence or within twenty-one ten (2110) calendar working days after the union or could have reasonably become aware of its occurrence. The supervisor shall attempt to adjust the affected employee(s) should have known of the event giving rise matter and shall respond to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing xxxxxxx within twenty-one five (215) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar working days. Step 2. The If the grievance has not been settled, it shall be presented in person writing by the Union Xxxxxxx or the Union Grievance Committee to the City Managerdepartment head or Elected Official within five (5) working days after the supervisor's response is due. The City Manager department head or his/her designee will sign Elected Official shall meet with Union Representatives to discuss the grievance. The department head or Elected Official shall respond to the Union xxxxxxx or the Grievance Committee in writing within five (5) working days after this meeting. If the grievance acknowledging receipt remains unsettled, those employees within departments under the supervision of Elected Officials shall proceed from Step 2 to Step 4 of the Grievance Procedure. Step 3. If the grievance still remains unadjusted for employees within a County Board Department, it shall be presented by the Union Xxxxxxx, Union Representative or Grievance Committee to the Personnel Committee of the County Board in writing within five (5) working days after the response of the department head is due. The Personnel Committee shall meet with Union Representatives to discuss the grievance. The Personnel Committee shall respond in writing to the Union Xxxxxxx, union representative or Grievance Committee (with a copy of the response to the local Union president) within five (5) working days. Step 4. If the grievance is still unsettled, either party may, within fifteen (15) working days after the reply of the Personnel Committee of the County Board or the appropriate Elected Official is due, by written notice to the other, request a pre-arbitration conference, prior to submitting the matter to arbitration. After the pre-arbitration conference, or if a pre-arbitration conference has not been requested, either party may request an arbitration of the grievance. Any arbitration proceeding shall be conducted by an arbitrator to be selected by the Employer and the Union within seven (7) working days after notice has been given. If the parties fail to select an arbitrator, the State or Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a panel of five arbitrators. Both the Employer and the Union shall have the right to strike the first name; the other party shall then strike one name. The City Manager or his/her designee process will hold a hearing within twenty-one (21) calendar days of receipt be repeated and the remaining person shall be the arbitrator. The decision of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision arbitrator shall be signed by the City Manager or designee and be final and binding except for demotionon the parties, termination or suspension of an employee. A copy and the cost of the grievance answer will arbitrator's services and the proceedings shall be supplied borne equally by the Employer and the Union. However, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the grievant or Unionother party and the arbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference Informal Step‌ 9:01 It is the mutual desire of the parties that complaints with respect to the application, interpretation, administration or dispute arise between the City alleged violation of this Agreement be addressed as quickly as possible and any it is understood that an employee or group of employees with respect shall first give the immediate supervisor an opportunity to adjust a complaint before any grievance may be filed. This informal step must be initiated within 15 working days after the employee became aware or ought reasonably to have become aware of the circumstances giving rise to the interpretation or application of a specific and identified provision of this Agreement, it will complaint. This step may also be considered a grievance and must be resolved in accordance satisfied by the Union raising the complaint with the following procedure: Step 1. If immediate supervisor on behalf of the Union, any employee or group of employees believes that she/he has employees, in which case the appropriate Human Resources Officer or designate will be given an opportunity to attend, or satisfied by the Union raising the complaint directly with the appropriate Human Resources Officer. The parties will attempt to resolve the complaint within five (5) working days from the date it was brought to the attention of the immediate supervisor or the Human Resources Officer. Failing a satisfactory settlement within the five (5) working day period, then within a further five (5) working days the complaint may be taken up as a grievance (as defined in section one (1)the following manner: At any step of the grievance procedure, she/he the grievor may be present at the meeting(s) if requested by either party. The University shall first cite in writing not be required to consider any grievance which was not filed within 25 working days after the specific contract clause violated and grievor, became aware or ought reasonably to have become aware of the relief requestedcircumstances giving rise to the grievance. The grievance shall be reduced submitted, in writing, to writing the Labour Relations Department, along with the name of the immediate supervisor, Department and Faculty, by the employee(s) or the Union. The nature of the grievance, the relevant provisions of the agreement, a general statement of relevant facts and the remedy sought shall be signed by set out in the aggrieved employee or employees and the bargaining unit representativegrievance. The written grievance shall be signed off on by Within five (5) working days the Department Head acknowledging receipt of or designate shall meet with the Union Grievance Committee (not to exceed two (2) in number) in an attempt to resolve the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head may determine that the immediate supervisor shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Unionalso attend this meeting. The Department Head shall issue or designate shall, within a written answer within twenty-one further five (215) calendar days after the Step One hearing. If no answer is given working days, give his /her decision in the time limits set forth above, the grievance shall be resolved in favor of the grievant or writing to the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition decision at Step One is not made satisfactory, the written grievance may be advanced by notifying the Department local Human Resources person, who shall forward a copy to the Principal, Xxxx, Division Head, then within twenty-one (21) calendar days. Director of Labour Relations or designate, or alternatively directly to Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.Three

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 5.1 A grievance is a complaint, dispute, or dispute arise between controversy involving the City and any employee interpretation, application or group of employees with respect to the interpretation or application alleged violation of a specific and identified provision of this Agreement, it will . 5.2 The right to process and settle grievances is wholly dependent upon and subject solely to the provisions of this Article. This Article shall be considered a the exclusive procedure and remedy for grievances. The wage structures are not to be subject to the provisions of this Article for determination or alteration. 5.3 A grievance shall be presented and must be resolved processed in accordance with the following proceduremanner: Step 1. If the Union, any employee or group of employees believes that she/he has a Any grievance (as defined in section one (1), she/he shall first cite in writing be brought to the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt attention of the grievanceOperations Manager or designee. Any A shop xxxxxxx or other Union representative may be present when the grievance not reduced to writing and submitted to the Department Head is presented. A grievance must be presented at Step 1 within twenty-one ten (2110) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union alleged violation or the affected employee(s) date that the employee or Union representative knew or should have known of the event occurrence giving rise to the grievance or shall be deemed untimely for all purposes. The grievance must be presented in writing and dated, and identify the problem leading to the grievance. Step 2. If the grievance is not resolved at Step 1, the affected employee(s) shall present the grievance in writing to the Executive Director within ten (10) calendar days immediately following the date the Operations Manager’s response was received or communicated to the affected employee. At this and each subsequent step of the grievance procedure, the written grievance submitted by the Union or employee(s) shall include: a) A statement of the grievance and the factual allegations upon which it is based; b) The Section(s) of this contract alleged to have been violated; c) The remedy sought; and d) The name and signature of the employee(s) involved in the grievance, shall be considered abandonedexcept in the case of a group grievance. The Department Head shall hold a Step One hearing within twenty-one In such case, an officer of the local union will sign. Within ten (2110) calendar days of receipt of the Step 2 grievance. If the Step One hearing is not held, the grievance shall be resolved in favor Executive Director will meet with the grievant and, if the grievant requests, a representative of the grievant or Union. The Department Head parties may mutually extend the time period to hold the Step 2 meeting. The Executive Director shall issue give a written answer response within twenty-one ten (2110) calendar days after immediately following the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days2 meeting. Step 23. (Arbitration) The grievance shall decision of the Executive Director will be presented in person to the City Manager. The City Manager or his/her designee will sign final and binding unless the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing is appealed to arbitration within twenty-one ten (2110) calendar days of receipt the Step 3 response. Such appeal shall be directed to the Executive Director. 5.4 The jurisdiction and authority of the grievancearbitrator shall be confined exclusively to the interpretation of the specific provision(s) of this Agreement at issue between the Union and the Employer. The City Manager arbitrator shall have no authority to add to, detract from, alter, amend or his/modify any provision of this Agreement or impose on any party a limitation or obligation not explicitly provided for in this Agreement. 5.5 Any grievance not timely presented at Step 1 or not timely appealed to Step 2 or Step 3 shall be invalid, waived and lost forever, and the Employer shall not be required to consider or process any such grievance. 5.6 Unless otherwise mutually agreed to by the Employer and the Union, each grievance appealed to arbitration shall be the subject of a separate and distinct arbitration hearing and decision and no arbitrator shall be selected by the parties to hear or decide more than one grievance in any one arbitration proceeding. 5.7 The expenses of the arbitrator and hearing room will be equally shared between the Employer and Union; otherwise, each party shall bear its own expenses in preparing and presenting its case. If the parties agree to use a court reporter, the expenses will be borne equally between the parties. If only one party insists upon a court reporter, the party requesting the court reporter will bear the expenses alone, but the other party will not be entitled to a copy of the transcript. 5.8 The arbitrator will render a decision on the grievance which has been submitted to him or her designee will respond within thirty (30) days from the later of the date of the hearing or submission of briefs, unless additional time is requested and mutually agreed to by the Employer and the Union. 5.9 The Employer and the Union may agree to submit a grievance to an Expedited Arbitration process subject to the grievance following conditions: A. Both parties must mutually agree to Expedited Arbitration to resolve a specific grievance; B. The hearing will be informal; C. No briefs will be filed; D. Formal rules of evidence will not be strictly followed; E. The arbitrator may issue a bench decision after the hearing, but in writing any event, will render a decision within twenty-one (21) calendar days 48 hours after the conclusion of the hearing; F. The arbitrator’s decision will be based on the record before the arbitrator, and may include a brief written explanation of the basis for such meeting. This conclusion; G. The arbitrator’s decision shall be signed by the City Manager or designee and will be final and binding except upon the parties; H. No decision by an arbitrator in this expedited process shall be deemed to establish any practice or any precedent for demotion, termination or suspension of an employee. A future proceedings; I. An arbitrator who issues a bench decision will furnish a written copy of the grievance answer award to the parties within forty-eight (48) hours of the close of the hearing; and J. The fees of the arbitrator will be supplied to the grievant or Unionborne equally by both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 126:01 When a civilian member of the Association has any grievance or complaint he/she shall forthwith convey to his/her immediate supervisor (verbally) all relative facts relating to the grievance or complaint. Should any difference The civilian member and the supervisor shall make every effort to resolve this issue at this preliminary stage. 26:02 If the civilian member and the supervisor fail to resolve the complaint or dispute arise between grievance within forty-eight (48) hours of the City complaint or grievance being made or if the supervisor fails to acknowledge or discuss the issue, the civilian member aggrieved may invoke the following procedure. A complaint or grievance shall not be subject to review under the following steps unless it has first been brought to the attention of the grievor's supervisor in Subsection 26:01 26:03 The grievor shall reduce his/her grievance to writing and any employee present same to the Chief of Police or group his/her designate for consideration. 26:04 The Chief of employees Police shall inquire into the grievance and within ten (10) calendar days deliver his/her decision with respect to the interpretation complaint or application of a specific and identified provision of this Agreementgrievance to the grievor. 26:05 The grievor, it will be considered a grievance and must be resolved in accordance if dissatisfied with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt ruling of the grievance. Any Chief of Police, shall forward the complaint or grievance not reduced to writing and submitted to the Department Head Board within twenty-one thirty (2130) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known receipt of the event giving rise to the grievanceChief’s decision. 26:06 The Board shall, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one thirty (2130) calendar days of receipt of the grievance. If , meet with the Step One hearing is not held, grievor and inquire into the grievance shall be resolved and render a decision in favor of the grievant or Union. The Department Head shall issue a written answer connection with same within twenty-one thirty (2130) calendar days after of such meeting. The grievor may when meeting with the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor Board have with him/her a representative of the grievant or Association and/or the Union. This resolution shall set no precedence for future grievances. If P.A.O. In the Union does not timely appeal event that representatives from both Associations are present, only one will be permitted to be a spokesperson. 26:07 The grievor shall, if dissatisfied with the decision of the Board, forward the grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one thirty (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (2130) calendar days of receipt of the grievance. The City Manager or his/her designee will respond written notice of such decision, to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be an arbitrator for a final and binding except for demotiondecision. The arbitrator shall be appointed by the Solicitor General unless otherwise agreed to by the parties and shall, termination or suspension of in accordance with the Police Services Act, act as an employee. A copy arbitrator under the provisions of the said Act. At the time of forwarding the grievance answer will be supplied to an arbitrator, the grievor shall provide written notification of same to the grievant or UnionBoard. 26:08 The time limits specified in this procedure may be extended with the consent of the parties at any stage in the proceedings.

Appears in 2 contracts

Samples: Civilian Working Agreement, Civilian Working Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between A grievance is a complaint that the City and any employee or group has violated this Agreement. All grievances shall be handled exclusively as set forth in this procedure. Any disciplinary action of employees with respect record which is not appealable to the interpretation or application of a specific and identified provision Kettering Civil Service Commission is fully subject to the procedures of this AgreementArticle. Section 2. Grievances shall be promptly filed. To be considered, it will be considered a grievance and must be resolved filed at the first step within 14 calendar days of its occurrence (exclusive of Saturday, Sunday or a holiday) or when the employee first became aware (or in accordance with the following procedure:exercise of reasonable diligence should have become aware) of its occurrence, but in no case may a grievance be filed more than 30 days after occurrence. Section 3. Step 1. If the Union, any An aggrieved employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing take up his grievance with his immediate supervisor. Upon the specific contract clause violated and request of either of them, the relief requested. The grievance representative of the Union shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representativepresent. Section 4. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance2. If the Step One hearing grievance of an employee is not heldsatisfactorily settled at Step 1, the grievance shall it may be resolved in favor of taken to Step 2 and appealed by the grievant or Union. The Department Head shall issue at a written answer within twenty-one (21) calendar days after meeting with the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor Police Chief and a representative of the grievant or the Union. This resolution Any class action grievance filed by the Union shall set no precedence for future grievancesbe filed at Step 2 rather than Step 1 of the grievance procedure. Section 5. Step 3. If the Union does grievance has not timely appeal a grievancebeen adjusted at Step 2, it shall may then be considered abandonedappealed by the grievant to a meeting between the Director of Human Resources and a representative of the Union. Section 6. Step 4. If satisfactory disposition the grievance has not been adjusted at Step 3, it may then be appealed by the grievant to a meeting between a representative of the Union and the City Manager. Section 7. Step 5. Arbitrable grievances which have not been settled by the above steps may be submitted to binding arbitration. Grievances which involve a matter over which the Civil Service Commission has jurisdiction are not arbitrable. In the case of other grievances, if the Union is not made by satisfied with the Department Headanswer of the City at Step 4, then it may within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person 30 days give written notice to the City Manager. The City Manager or his/her designee will sign of its intent to submit the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionarbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 12.1 There shall be an xxxxxxx and honest effort to settle differences and disputes promptly; if any controversy or difference arises between an employee and the Employer and/or the Union and the Employer with respect to appropriateness of discipline or interpretation or application of this Agreement then such controversies or differences shall be resolved as follows: STEP 1. Should any difference or dispute arise between the City and any : The employee or group of employees with respect will present their grievance to the interpretation or application of a specific and identified provision of this Agreement, it employee’s supervisor in an attempt to resolve the dispute. This will be considered a done within five (5) working days of the time, the fact(s) giving rise to the grievance and must be resolved in accordance with occurred or the following procedure: Step 1time the employee should have become aware of the alleged grievance. The supervisor will reply to the Union or the aggrieved by the end of the next working day after it has been presented to the supervisor. If the Unionaggrieved employee does not refer the grievance to the second step of the procedure within three (3) working days after the receipt of the decision rendered in this step, any it shall be considered satisfactorily resolved. STEP 2: If the problem is not resolved to the employee or group of employees believes that she/he has a employees’ satisfaction, the grievance (as defined in section one (1), she/he shall first cite be presented in writing to the specific contract clause violated and employee’s supervisor by the relief requestedemployee(s) and/or Union representative. The supervisor shall render a decision within two (2) working days from the time the supervisor receives the grievance in writing. If the supervisor has failed to reply within two (2) working days, the Union may proceed to the third step by written notice to the Executive Director made within the next three (3) working days. If the grievance is not referred to the third step of the procedure within the next three (3) working days of the receipt of the supervisor’s reply, it shall be considered to be satisfactorily resolved. STEP 3: The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise Executive Director. The Executive Director or his or her designee shall investigate and hold a grievance meeting. The Executive Director shall reply to the grievance, or Union and the employee in writing within twenty-one five (215) calendar working days after the union or the affected employee(s) should have known close of the event giving rise hearing. Both the Union and the Employer shall have the right to call such witnesses as are necessary to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt investigation of the grievance. If a written notice of intent to file under the arbitration procedure, Step One hearing 4, is not heldreceived by the Executive Director within ten (10) working days from the date of the Executive Director’s decision, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar dayssatisfactorily resolved. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 8.01 Differences or dispute arise disputes arising between the City Region and any the employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will shall be considered a as grievances and shall be dealt with in the following manner, and all grievances shall be submitted and answered in writing, and shall state the Article(s) in dispute, the nature of the grievance and must the remedy sought. It is agreed by the parties that grievances should be resolved settled as early as possible in accordance with the following grievance procedure:. Step 1: An employee having a grievance shall present it to his Xxxxxxx in writing. If the UnionUnion Xxxxxxx considers the grievance to be justified, any employee or group of employees believes that she/he has a grievance they shall jointly take the matter up within five (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (215) calendar working days of the event giving rise to the grievancegrievance to the appropriate representative of management, who shall have five (5) working days in which to render a decision. Failing a satisfactory settlement, the second Step of the grievance procedure shall be invoked within five (5) working days of the management's answer at Step 1. Step 2: The grievance shall be submitted to the Department Head and the Commissioner of Human Resources (or their delegates) who shall meet with the grievor and who shall render a decision within twenty-one five (215) calendar working days. The grievor may be accompanied and represented at this Step by the Grievance Committee. (i) The grievance shall be submitted to the Chief Administrative Officer or his designate, who will meet with the grievor and the Grievance Committee within ten (10) working days after of the date of request for such meeting. The decision shall be given within seven (7) working days from the date of such meeting. Where the grievance has a significant impact on the membership as a whole, the union or may request that the affected employee(smatter be heard directly by the Chief Administrative Officer. (ii) should have known of the event giving rise Prior to the grievancescheduling of an arbitration hearing, the parties shall retain the assistance of an impartial mediator in an effort to resolve any disputes referred to arbitration. A mediation meeting will be considered abandoned. The Department Head shall hold a Step One hearing held within twenty-one sixty (2160) calendar days of receipt of notification of arbitration as provided for in this clause expect where mutually agreed by the grievanceparties. In order to facilitate the timely scheduling of mediation meetings required under this clause, the parties will meet periodically to review and select available qualified mediators mutually acceptable to the parties. Such agreed mediators will be placed on a list of mediators that may be retained by the parties on an as needed basis. Mediator costs will be shared equally between the parties. The parties agree that information exchanged during the mediation process is privileged and discussions are on a without prejudice basis. This step may be bypassed by agreement of the parties. (iii) If the parties at this Step One hearing is not heldare unable to reach a satisfactory settlement, then the grievance matter shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer taken to arbitration within twenty-one fifteen (2115) calendar days after the Step One hearing. If no answer is given working days, as defined in the Ontario Labour Relations Act as amended from time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysto time. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should A grievance shall be defined as any difference or dispute arise between arising under the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision terms of this Agreementcontract. Thus, it will be considered a grievance and must be resolved in accordance with should differences or disputes arise under this agreement, the aggrieved party to this agreement or employee, or employees, as the case may be, shall use the following procedure: Step 1. If : In the Unionevent that an employee believes there is a basis for a grievance, any said employee or group of employees believes that she/he has who may be accompanied by a grievance (as defined in section one (1)Federation representative, she/he shall first cite in writing discuss the specific contract clause violated and alleged grievance with the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the immediate non-bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head supervisor within twenty-one ten (2110) calendar working days of the event occurrence or knowledge of the matter giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head supervisor shall hold a Step One respond within ten (10) working days from the hearing within twenty-one (21) calendar days of receipt date of the grievance. If In the Step One hearing is event the City does not held, respond within the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the prescribed time limits set forth limit above, the Federation shall automatically move the grievance shall be resolved in favor of to the grievant next level. Any grievance filed for two (2) or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it more bargaining unit employees shall be considered abandoneda class action grievance and shall proceed directly to the City Manager at Step 3. If satisfactory disposition In the event the Federation or the employee is not made by satisfied with the oral decision of the supervisor, the Federation shall present the grievance, in writing, to the employee's Department Director within five (5) working days of the date of the aforesaid oral decision. Upon presentation of the written grievance to the Department HeadDirector, then the employee and a Federation representative shall attempt to resolve the same dispute and, within twenty-one five (215) calendar days. working days thereafter, the Department Director shall render a decision, in writing, to both the employee and to the Federation representative. In the event that the City does not respond within the prescribed time limit above the Federation shall automatically move the grievance to the next level. In the event the Federation or the employee is not satisfied with the written answer to Step 2. The , above, the said grievance shall be presented in person within five (5) working days after the written answer above to the City Manager. The City Manager , or his/her designee will sign who will, within five (5) working days of the grievance acknowledging receipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. The City Manager or his/her designee will hold a hearing within twenty-one At this meeting, the employee and the Federation can also be present. Within five (215) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar working days after such meeting. This decision shall be signed by this meeting the City Manager or designee and be final and binding except for demotionshall render a decision in writing. In the event that the City does not respond within the prescribed time limit above, termination or suspension of an employee. A copy of the Federation shall automatically move the grievance answer will be supplied to the grievant or Unionnext level.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 19.1 It is the mutual desire of the Board and the Union that the complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given the Principal, Immediate Supervisor or designate an opportunity to adjust the employee's complaints. Should any difference It is further understood that an employee who uses avenues other than the Grievance Procedure contained in article 9 to rectify a complaint or dispute arise between grievance may prejudice their complaint or grievance or arbitration procedure. 9.2 An employee who has a complaint must bring that complaint to the City and any attention of the Principal, Immediate Supervisor or designate within ten (10) working days of when the employee became or ought reasonably to have become aware of the circumstances which gave rise to the complaint. The Principal, Immediate Supervisor or designate shall verbally reply to the complaint within ten (10) working days from the presentation of the complaint. 9.3 Failing settlement when an employee has a complaint arising out of the interpretation, application, administration or alleged violation of the terms of the Agreement, the employee or group of employees with respect union representative shall reduce the grievance to writing, stating the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt nature of the grievance. Any grievance not reduced to writing , the Article or Articles allegedly violated, the redress sought, sign the grievance, and submitted to the Department Head then, within twenty-one five (215) calendar working days of the event giving rise verbal reply to 9.2 above, submit the grievance to the grievanceSuperintendent responsible for Human Resources or designate, or within twenty-one following which the grievance will be processed in the following manner and sequence. 9.4 Within ten (2110) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar working days of receipt of the written grievance. If the Step One hearing is not held, the grievance Superintendent responsible for Human Resources or designate, shall be resolved in favor of the grievant or Union. The Department Head shall issue convene a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If meeting with the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented Grievance Committee and grievor in person an effort to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of resolve the grievance. The City Manager Superintendent responsible for Human Resources or designate shall render a decision in writing within ten (10) working days after the meeting. 9.5 In discussing a complaint, the employee shall be allowed time off during working hours (provided this occurs during normal business hours) and shall have Union representation. A National Representative of the Union may be present at the request of the Union. 9.6 The Union recognizes that each Union representative is employed and that he/she will not leave his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or work during working hours except to perform his/her designee will respond to duties under the grievance in writing within twenty-one (21) calendar days after such meetingCollective Agreement. This decision Therefore, no Union representative shall leave his/her work without obtaining the permission of his/her supervisor. Permission shall not be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionwithheld unreasonably.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 19.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Should any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this AgreementAccordingly, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The no grievance shall be reduced arbitral if filed more than 15 working days after the grievor became aware or ought reasonably to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt have become aware of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event circumstances giving rise to the grievance. 9.02 It is generally understood that an employee has no complaint or grievance until she, either directly or through the Union, has first given her immediate supervisor an opportunity to adjust the complaint. 9.03 If after registering the complaint with the supervisor and such complaint is not settled within one (1) regular working day or within twenty-one (21) calendar days after any longer period which may have been agreed to by the union or parties, then the affected employee(s) should have known following steps of the event giving rise Grievance Procedure may be invoked: STEP 1: The grievance shall be submitted in writing, either directly or through the Union to the grievance, shall be considered abandonedSupervisor within five (5) working days following the reply of the immediate supervisor. The Department Head Supervisor shall hold a Step One hearing meeting with the Union Grievance Committee, not to exceed two (2) in number, within twenty-one a further ten (2110) calendar working days and shall communicate his position to the union within five (5) working days of receipt such meeting. The grievor may be present if requested by either party. STEP 2: If the grievance remains unsettled at the conclusion of Step 1, the grievance may be submitted within five (5) working days of the Supervisor’s reply, to the Bursar or his designated representative who shall within ten (10) working days hold a meeting between the Union Grievance Committee (not to exceed two (2) in number) and the appropriate representatives of Management, in a final attempt to resolve the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor The International Representative of the grievant Union or Unionhis designee and the Grievor may be present at this meeting if requested by either party. The Department Head Bursar or his representative shall issue within a written answer within twenty-one further ten (2110) calendar working days after the Step One hearing. If no answer is given give his decision, in the time limits set forth abovewriting, the grievance shall be resolved in favor of the grievant or to the Union. This resolution shall set no precedence for future grievances. If the Union does wishes to proceed to arbitration, the Union shall, within thirty (30) days of the date of the Bursar’s decision, but not timely appeal thereafter, deliver to the Employer a grievance, notice in writing stating that it shall be considered abandoned. If satisfactory disposition is not made by wishes to take the Department Head, then within twenty-one (21) calendar days. Step 2matter to arbitration. The grievance notice to arbitrate shall be presented contain the Union’s suggestions for an arbitrator and shall also specify the issues in person to dispute, the City Manager. The City Manager section or his/her designee will sign the grievance acknowledging receipt sections of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of Collective Agreement alleged to have been violated and the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionremedy sought.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should A. A grievance is defined as any difference or dispute arise between by a nurse over the City Medical Center’s interpretation and any employee or group of employees with respect to the interpretation or application of a specific and identified provision the provisions of this Agreement. During a nurse’s probationary period, it will be considered he or she may present grievances under this Article to the same extent as any other nurse, except that a probationary nurse may not file a grievance under Article 12, Employment Status for discipline or discharge. A nurse who believes that the Medical Center has violated provisions of this Agreement is encouraged and must expected to discuss the matter with the nurse's manager before undertaking the following grievance steps. A grievance shall be resolved presented exclusively in accordance with the following procedure: Step 1. If 1- After consulting with a representative or officer of the UnionAssociation, any employee the nurse or group the Association shall present the grievance in writing (containing, to the best of employees believes that she/the nurse’s understanding, the facts and Agreement provisions involved) to the nurse’s manager within fourteen (14) days after the date when he has a or she had knowledge or, in the normal course of events, should have had knowledge of the occurrence involved in the grievance (as defined in section one ten (110) days after the date of notice of any discharge or other discipline which is the subject of the grievance). The grievance shall set forth the facts of the dispute including: the date of the alleged violation, she/he shall first cite in writing the names of the nurse(s) affected, the specific contract clause violated provisions of the agreement in dispute, and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representativemanager’s reply is due within fourteen (14) days of such presentation. The written Association may choose to present a group grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or at Step 1 if the affected employee(s) should nurses have known of the event giving rise to the grievance, shall be considered abandonedsame manager. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not heldOtherwise, the grievance shall will be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. presented at Step 2. The If a meeting is held at Step 1, the nurse may bring his or her Association representative. Step 2--If the grievance shall be presented in person is not resolved to the City Manager. The City Manager nurse’s satisfaction (or his/her designee will sign to the grievance acknowledging receipt satisfaction of the Association officer presenting a group grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of at Step 1, the grievance. The City Manager or his/her designee will respond to nurse’s representative may present the grievance in writing to the Chief Nursing Officer/Chief Operating Officer responsible for the nurse’s department, or designee, within twenty-one fourteen (2114) calendar days after such meeting. This decision shall be signed by the City Manager date when he or designee and be final and binding except for demotionshe had knowledge or, termination or suspension in the normal course of an employee. A copy events, should have had knowledge of the occurrence involved in the grievance answer will be supplied to the grievant or Union.(ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section ‌ SECTION 1. Should : A grievance is any difference or dispute arise controversy between the City parties to this AGREEMENT which pertains to (1) any matter involving interpretation of this AGREEMENT, and (2) any employee or group matter involving a violation of employees with respect any of the provisions of this AGREEMENT. The EMPLOYER agrees that the UNION may pursue all complaints through the appropriate channels. SECTION 2: Grievances shall not be valid for consideration unless the grievance is submitted in writing to the interpretation or application of a EMPLOYER, setting forth the facts and the specific and identified provision of this Agreementthe AGREEMENT allegedly violated or the dispute, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Unioncomplaint, any employee problem, issue or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated question existing and the particular relief requested. The grievance shall be reduced to writing and shall be signed by sought within ten (10) days after the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt date of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the first event giving rise to the grievance, or grievance occurred. Failure to file any grievance within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, such period shall be considered abandoneddeemed a waiver thereof. The Department Head Failure to appeal a grievance from one level to another within the time periods hereafter provided shall hold constitute a Step One hearing within twenty-one (21) calendar days of receipt waiver of the grievance. An effort shall first be made to adjust an alleged grievance informally between the employee and the EMPLOYER'S designee. SECTION 3: The EMPLOYER and the employee shall attempt to adjust all grievances which may arise during the course of employment in the following manner. LEVEL I: If the Step One hearing grievance is not held, resolved through informal discussions the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person writing to the City Manager. The City Manager or his/her designee will sign appropriate Division Commander who shall give a written decision on the grievance acknowledging to the parties involved within ten (10) days after receipt of the written grievance. The City Manager or his/her designee will hold a hearing LEVEL II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Sheriff, provided such appeal is made in writing within twenty-one ten (2110) calendar days of after receipt of the decision in Level I. If a grievance is properly appealed to the Sheriff, the Sheriff or his designee shall issue a decision in writing within ten (10) days after receiving the grievance. The City Manager LEVEL III: If the grievance has not been resolved at Level II, the grievance may be presented, in writing to the Board of County Commissioners or his/her designee will their designee, within ten (10) days after receipt of the decision in Level II, who shall within ten (10) working days hear the grievance and shall have a maximum of fifteen (15) days in which to respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionwriting.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1Step One – Any employee having a grievance shall first discuss such grievance with his/her immediate supervisor in an informal meeting. Should any difference or dispute arise between In order to be considered Step One, the City and any employee or group of employees with respect must indicate on the grievance procedure form to the interpretation or application supervisor that this meeting is Step One in the grievance procedure. Step Two – If the informal discussion does not resolve the grievance to the satisfaction of the employee, such employee shall have the right to file a specific and identified provision of this Agreement, it will be considered a written grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representativeBusiness Manager. The written grievance shall be signed off on contain a concise statement of the facts upon which the grievance is based and a reference to the specific provision(s) of this Agreement allegedly violated, misinterpreted or misapplied. The Business Manager and the immediate supervisor, and/or the appropriate administrator as determined by the Department Head acknowledging receipt of Business Manager shall meet with the grievance. Any grievant and Union representative(s) within five Step Three – If the grievance is not reduced to writing and submitted to resolved in Step Two, the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, written grievance form shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of filed with the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager Superintendent or his/her designee will sign the grievance acknowledging designated representative within five (5) days from receipt of the grievanceBusiness Manager’s decision, or the grievance shall no longer exist. After receipt of the formal grievance form by the Superintendent, the employee shall have the right to a hearing before the Business Manager and Superintendent and/or their designated representatives. Such hearing shall be conducted within five (5) days after the receipt of such request. The City Manager aggrieved employee shall be advised of the time, place and date of such hearing. Within five (5) days, the Superintendent or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of designated representative must respond in writing on the grievancegrievance form. The City Manager or his/her designee will respond Copies are to be sent to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by employee, Business Manager, immediate supervisor, appropriate administrator and the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or UnionUnion President.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 19.1 A grievance is defined as a dispute between an Employee(s) or dispute arise between the City and any employee or group Union on behalf of employees such Employee(s) with respect to the interpretation or application of a specific and identified provision of any terms or conditions specified in this Agreement, it will be considered a grievance and . All grievances must be resolved processed in accordance with the procedure set forth in below. All potential grievances must be initially raised within fourteen (14) calendar days of the time the employee became aware of event(s) that precipitated the problem. The grievance must be raised in accordance with the following procedure: Step 1I: The Employee having a potential grievance must first present it to the Employee's supervisor. If the Union, any employee or group of employees believes that she/he has a grievance matter cannot be settled between the parties within five (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted 5) calendar days following presentation to the Department Head within twenty-one supervisor, it must be processed in accordance with Step II. Step II: Within thirty (2130) calendar days of the event giving rise date Step I was completed, the Union on behalf of the employee must file a statement of the grievance in writing with the designated Employer representative, which shall contain the following information: a. the facts upon which the grievance is based, b. reference to each Article and Section of the grievanceAgreement alleged to have been violated, or and c. the remedy sought. The designated Employer representative, the grievant, and the Union Representative shall, within twenty-one fourteen (2114) calendar days after following the union or the affected employee(s) should have known filing of the event giving rise such written statement of grievance, meet in an attempt to resolve the grievance, shall be considered abandoned. The Department Head Employer shall hold a Step One hearing respond in writing within twenty-one thirty (2130) calendar days of receipt the meeting. Step III: Arbitration If the grievance is not settled on the basis of the grievanceforegoing procedures, and if the grievant and the Union have complied with the specific procedures, requirements and time limitations specified in Steps I and II herein, the Union may submit the issue in writing to final and binding arbitration within fourteen (14) calendar days following the written response from the meeting between the Employer and the Union representative. If the Employer and the Union are unable to agree on an impartial arbitrator, a list of eleven (11) arbitrators shall be requested from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one remains. The person whose name remains shall be the arbitrator. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall only be authorized to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall only have the authority to rule on the specific issue as defined in writing at Step One hearing is not held, II of this grievance procedure. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred incidental to the arbitration hearing. 19.2 Time limits for processing grievances may only be extended by mutual agreement. Failure on the part of the Union to comply with the procedural requirements specified herein shall result in the matter being resolved in accordance with the Employer's position. Failure of the Employer to respond according to the timelines specified herein shall result in the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person being automatically advanced to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionnext step.

Appears in 2 contracts

Samples: Weingarten Rights Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 15.01 The parties hereto agree that it is of the utmost importance that grievances be adjusted as quickly and equitably as possible. Should any difference A grievance is defined as a complaint or dispute arise between concerning the City and any employee interpretation, application, administration or group alleged violation of employees with respect to the interpretation or application Collective Agreement. In the event of a specific and identified provision of this Agreement, it will be considered grievance the following procedure shall apply: (a) Any employee having a grievance and must be resolved in accordance with will make known to her immediate supervisor the following procedure: Step 1. If the Union, any employee or group of employees believes fact that she/he she has a grievance within seven (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (217) calendar days of after the event incident giving rise to the grievance, or within twenty-one . (21b) Within seven (7) calendar days after of this notification, the union or immediate supervisor shall have a meeting with the affected employee(semployee for the purpose of discussing the grievance. The employee may have her committee person present during this verbal discussion, if the employee so desires. (c) should have known The immediate supervisor shall state her decision verbally within seven (7) calendar days from the date of this discussion. (d) If the employee is dissatisfied with the decision of the event giving rise immediate supervisor, the grievance shall be placed in writing and shall state the nature of the grievance and the redress sought. (e) This written grievance, signed by the employee, must be presented to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing General Manager or her designated representative by the committee person within twenty-one seven (217) calendar days from the date of the immediate supervisor’s reply in the first step of the grievance procedure. (f) Within seven (7) calendar days of receipt of the grievance, the General Manager or her designate representative will arrange a meeting with the Union. If the Step One hearing is not helddesired, the grievance shall Employer will be resolved in favor of represented by the grievant immediate supervisor and General Manager or Uniontheir designate(s). The Department Head Union will be represented by the Union Representative (or designate), one committee person, the grievor. (g) Within seven (7) calendar days of this meeting the General Manager or her designated representative shall issue a written answer render her decision in writing. (h) The Union shall indicate within twenty-one twenty eight (2128) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. General Manager’s letter, their agreement or intent to proceed to arbitration. (i) The City Manager or his/her designee parties will hold a hearing within twenty-one (21) calendar days cooperate to schedule meetings for individual employee grievances in consideration of receipt both the Home’s operational needs and the shared value of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionresolving disputes promptly.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section A. GENERAL PROVISIONS 1. Should A grievance, within the meaning of the grievance and arbitration provisions of this Agreement shall consist of any difference or dispute arise between arising under and during the City and any employee or group life of employees with respect this Agreement which pertains to the interpretation interpretation, application and/or alleged violation of the Agreement’s express terms and conditions. No matter shall be subject to the Grievance Procedure unless it is presented in writing by the Xxxxxxx at Step II of the Grievance Procedure within fifteen (15) working days from the date the aggrieved employee(s) or application the Union became aware or reasonably should have become aware, of the action complained of. If no grievance is presented in that time the grievance shall be barred. In no event shall monetary adjustments of a specific grievance cover a period prior to sixty (60) days before the filing of the written grievance. 2. If a grievance involves two (2) or more employees reporting to different supervisors, or the Union or University believes the processing of the grievance through Step I and identified provision II of this Agreementthe Grievance Procedure to be clearly inappropriate, it either party may submit a request to the other party to process the grievance beginning at Step III of the Grievance Procedure and, by mutual agreement, the grievance may be so processed. B. STEP I An employee, after he/she informs the University’s designated Step I Representative of a grievance, may discuss the grievance with the University Representative or may request such University Representative to call the Xxxxxxx of his/her District who shall be called in a reasonable period of time. The Xxxxxxx may discuss the grievance with the grievant and the University’s Step I Representative. If the grievance is not resolved, the Xxxxxxx may, if he/she believes the grievance has merit, reduce the grievance to writing on a fillable pdf form which will be considered developed by the Employer and the Union, and submit same to the designated University Step II Representative via electronic delivery. C. STEP II 1. Within ten (10) working days from the date the grievance is presented, the University’s Step II Representative shall arrange and hold a grievance and must be resolved in accordance meeting with the following procedure:aggrieved employee, the District Xxxxxxx, the designated Representative of the Bargaining/Grievance Committee, the Supervisor, and at the option of the Employer, a representative of the University Labor and Employee Relations Office. 2. Within ten (10) working days of such meeting the University’s Step II Representative shall communicate his/her decision, in writing to the Chairperson of the Bargaining/Grievance Committee. The Grievance response will be sent via electronic delivery (i.e., e- mail). D. STEP III 1. If the Uniongrievance remains unresolved, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced Union wishes to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to appeal the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known Chairperson of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager Bargaining/Grievance Committee or his/her designee will sign the grievance acknowledging must, within ten (10) working days after receipt of the grievance. The City Manager Step II answer by the Union, request in writing via electronic delivery (i.e., e-mail) a meeting with the Director of Labor and Employee Relations or his/her designee will hold a hearing within twenty-one designated representative. 2. Within ten (2110) calendar working days of after receipt of the grievancewritten request for a meeting, the Director of Labor and Employee Relations, or his or her designee, shall arrange and hold a meeting to discuss the grievance with not more than two (2) members of the Bargaining/Grievance Committee and not more than three (3) representatives of the University. The City Manager Upon mutual agreement of the parties additional representatives may be added. 3. Representatives of the International Union shall be allowed to attend this meeting and, if not present, such meeting may, if requested by the Union, be adjourned and reconvened at a later date. If such an adjournment is requested, the Director of Labor and Employee Relations, or his or her designee, shall reconvene such meeting within ten (10) working days from the date of request, and the International Representative(s) shall be allowed to attend the meeting. 4. Within fifteen (15) working days after this meeting, the Director of Labor and Employee Relations, or his/her designee will respond designee, shall communicate his/her decision, in writing via electronic delivery (i.e., e-mail), to the grievance in writing within twentyChairperson of the Bargaining/Grievance Committee with a copy to the International Representative to be sent via electronic delivery (i.e., e-one (21) calendar days after such meetingmail). This decision Any agreement reached at Step III shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employeebinding. A copy of the grievance answer Grievance responses will be supplied sent via electronic delivery (i.e., e- mail) to a union group email address that will be provided by the Union to the grievant Director of Labor and Employee Relations or Unionhis/her designee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1To promote better City – Association relations, both parties pledge their immediate cooperation to settle any grievance or complaint that might arise out of the application of this Contract, at the lowest level possible and the following procedure shall be the sole procedure to be utilized for that purpose. Should Any settlement of a grievance under this Article, which would alter or amend the terms of this agreement or any difference side bar or dispute arise memorandum of understanding, shall not be binding on either party unless the settlement, or memorandum of agreement or side bar agreement, is approved in writing by the president of the Association and the Director of the Bureau of Human Resources. The time limits prescribed in these provisions may be extended by a written mutual agreement between the City and Association. Days as used in this Article shall refer to work days, exclusive of Saturday, Sunday and designated holidays. Step I. The Association or any employee or group commanding officer claiming a breach of employees with respect to the interpretation or application of a any specific and identified provision of this AgreementContract may refer the matter, it will be considered a grievance and must be resolved in accordance writing, with or without the following procedure: Step 1Association, to the Chief of Police. If The grievant, or Association representative, shall state the Unionnature of the grievance, any employee or group the section of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause Contract allegedly violated and the relief remedy requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented within twenty (20) days from the date thereof. The Chief shall have twenty (20) days in person which to reply. The response shall be in writing and made to the City Managergrievant and the Association. Step II. The City Manager or his/her designee will sign If, after twenty (20) days from the date of the submission of the grievance acknowledging receipt to the Chief, or from the date of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of reply, the grievance. The City Manager or his/her designee will respond grievance still remains unadjusted, the Association may present the grievance to the grievance in writing within twentyCommissioner-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employeein-Charge. A copy of the grievance answer will shall be supplied sent simultaneously to the grievant Bureau of Human Resources. Within one week of receipt of the grievance, the Commissioner-in-Charge shall either retain jurisdiction of the grievance at this level or Unionwill refer jurisdiction of the grievance to the Bureau of Human Resources for resolution. Step III. The Commissioner-in-Charge or the Bureau of Human Resources shall have twenty (20) days in which to reply. If the grievance has been delegated to the Bureau of Human Resources, a copy of the reply shall be sent simultaneously to the Commissioner-in-Charge. If the Commissioner-in-Charge or the Bureau of Human Resources does not respond within twenty (20) days, or from the date of the response, the Association will have fourteen (14) days to serve notice, in writing, to the Bureau of Human Resources, with a copy of the notice sent simultaneously to the Commissioner-in- Charge, of its request for mediation or its intent to arbitrate. Step IV. After the Bureau of Human Resources has been notified that the Association intends to arbitrate, the parties shall select an arbitrator by such methods as they may jointly elect. If they are unable to agree on such method, then the parties shall jointly request the Employment Relations Board to provide a list of the names of seven

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will The Grievance Procedure shall be considered a grievance and must be resolved in accordance with the following procedureas follows: Step 1. The aggrieved employee will first attempt to resolve the grievance through informal discussion with his immediate supervisor by the end of the tenth calendar day following the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. A grievance involving disciplinary action cannot be resolved at a level less than that at which the decision for disciplinary action was made. The aggrieved employee may petition to the individual who initiated the action being grieved; or, may petition the next higher level of supervision for resolution of the grievance. Step 2. If the Uniongrievance is not resolved through the informal discussions, any the employee or group of employees believes that she/he has a will reduce the grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees submit copies to his Department Manager and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head Personnel Officer within twenty-one ten (2110) calendar days of the event giving rise to the grievance, discussion with his or within twenty-one her immediate supervisor. The Department Manager shall have ten (2110) calendar days after from the union or receipt of a written grievance to review the affected employee(s) should have known matter and prepare a written response. Step 3. If the grievance is not resolved in Step 2, the aggrieved employee may appeal the decision of the event giving rise his Department Manager to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing City Manager in writing within twenty-one (21) ten calendar days of the receipt of the grievanceDepartment Manager‘s response. If the Step One hearing is not heldemployee wishes, he or she may request to have the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth abovereviewed by an Employee Appeals Board, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made prior to review by the Department HeadCity Manager, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented and he or she must so indicate in person his or her appeal to the City Manager. The If the aggrieved employee selects to submit the grievance first to the Employee Appeals Board, the Board shall be convened to hear the grievance on its merits with the purpose of attempting to resolve it in a satisfactory manner. This Board shall consist of three (3) members. One member shall be appointed by the affected employee or the Union; one member shall be appointed by the City; and the third member who shall act as chairperson, shall be selected by the other two members. No member of the Board shall be a person in the normal line of supervision nor from within the same department or division as the affected employee. No member of the Board shall be compensated by the City Manager or for serving on the Board except that if a City employee serves on the Board, he/she shall be released for such service without loss of regular straight time compensation during his/her designee will sign normal work hours. The Employee Appeals Board shall then determine the facts of the grievance acknowledging and submit a report of its findings along with a recommendation for settlement within ten calendar days from their appointment to the case. Copies of the report and recommendations shall be submitted to the City Manager and the aggrieved employee. Upon receipt of the grievance. The employee's appeal and/or report and recommendations of the Employee Appeals Board, the City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of may elect the methods he then considers appropriate to review and settle the grievance. The City Manager or hisHe/her designee will respond she shall render a written decision to the grievance in writing all parties directly involved within twenty-one fifteen (2115) calendar days after receiving the employee's appeal, or if the Employee Appeals Board procedure was utilized, after receipt of the Employee Appeals Board report. If the grievance results from disciplinary action taken against the employee, and steps one and two of the grievance procedure have been exhausted, the City Manager as Hearing Officer shall conduct a hearing, within 30 days of the receipt of the employee's appeal or Employee Appeals Board report if such meetinghas been requested. This decision However, upon receipt of an Employee Appeals Board report, the grievance procedure may be concluded if mutually agreed between the grievant and the Department Manager. If a hearing, though, is to be conducted, the City Manager may continue the hearing either for the convenience of the City or upon written application of the employee for a period not to exceed an additional 30 days. Written notice of the time and place of the hearing, and any continuance thereof, shall be signed given to the employee. Such hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code of the State of California, except that the employee and other persons may be examined as provided in Section 19580 of the Government Code, the employee may be represented by an attorney or his recognized employee organization, and the parties may submit all proper and competent evidence against or in support of the causes The City Manager shall render a written decision within fifteen days after concluding the hearing, and the decision of the City Manager shall be final and not subject to review or appeal by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or UnionCouncil.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE PROCEDURE. Section 1. Should 20.01 The Employer and the Union both agree that the settlement of any difference dispute or dispute arise grievance arising out of the terms of this Agreement should, so far as possible, be arranged between the City Employer’s representative and any employee the Employee or group of employees with respect the Union’s grievance committee. A difference between the Employer and the Union as to the interpretation or meaning and application of a specific and identified provision the provisions of this AgreementAgreement shall be considered a policy grievance. All policy grievances will be processed by the Union, it and shall be submitted to the Human Resources department designates under Step 2 of the Grievance Procedure. 20.02 A grievance concerning the discharge of an Employee will be submitted into Step 2 of the Grievance Procedure. By mutual agreement between the parties, a grievance may be submitted to Step 2 of the grievance process. 20.03 Unless a grievance of an Employee or a policy grievance is presented to the Employer within thirty (30) working days of the griever from the date when the grievance first arose, or in the case of dismissal of Employees within thirty (30) 20.04 Any complaint, disagreement or difference of opinion between the parties hereto concerning interpretation, application, operation, or any alleged violation of the terms of this Agreement shall be considered a grievance and must the procedure of settlement shall be as follows: STEP 1: If the complaint or grievance is not satisfactorily resolved in accordance with discussion between the following procedure: Step 1. If Employee and/or the Union, any employee or group of employees believes that sheUnion Xxxxxxx and his/he has a grievance (as defined in section one (1), sheher immediate Supervisor/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not heldBranch Management, the grievance shall be resolved set out in favor writing citing the alleged violation of the grievant or UnionCollective Agreement including the Clause(s) affected. The Department Head It shall issue a written answer be submitted in this form to the immediate Supervisor within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth abovespecified in Clause 20.03. A decision will be forwarded to the Union Xxxxxxx from the Supervisor within ten (10) working days of receiving the grievance. STEP 2: If the grievance is not satisfactorily resolved in Step 1, the Union Office shall submit the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing Human Resources department designates within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.fifteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 111:01 The Employer and the Union agree that grievances and complaints shall be settled promptly. Should any difference a dispute or dispute a grievance arise between the City Employer and any the employee or group of employees with respect to regarding the interpretation interpretation, meaning, operation or application of a specific and identified provision of this Agreement, it will including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, such dispute or grievance or question shall be considered a grievance and must be resolved dealt with in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved manner: An employee or employees and having a grievance or complaint shall first present the bargaining unit representative. same in writing to their Union Committee Member. Step 1 The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head employee or employees concerned together with their Union Committee Member or Chairperson shall, within twenty-one such employee's next seven (217) calendar days after such grievance or complaint has arisen, reduce to writing citing the alleged violations and the particulars of the event situation giving rise to the grievance, or grievance to their immediate supervisor who shall reply in writing within twenty-one seven (217) calendar days after immediately following presentation of such grievance or complaint. In the union or the affected employee(s) should have known case of grievances arising out of the event giving rise Job Posting Procedures set forth in Article 10 of the within Collective Agreement, employees having grievances related to their failure to obtain a posted position(s) shall submit their grievance in the first instance at the Step 3 level. A copy of the written grievance will also be delivered to the grievanceLabour Relations Manager. Step 2 Failing settlement under Step 1, shall be considered abandoned. The Department Head shall hold a Step One hearing the Union shall, within twenty-one seven (217) calendar days of following receipt of the grievance. If the Step One hearing is not heldsupervisor's decision, refer the grievance shall be resolved or complaint in favor of writing to the grievant appropriate Administrative Director or UnionAcademic Xxxx. The Department Head Administrative Director or Academic Xxxx or designate accompanied by the Labour Relations Manager shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If arrange to meet with the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one seven (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (217) calendar days of receipt of the grievance. The City Manager grievor may be invited to attend such meeting at the request of the Union. The Administrative Director or his/her designee will respond Academic Xxxx shall render a decision to the grievance Union, in writing within twenty-one seven (217) calendar days after such meeting. This Such decision will also be copied to the Labour Relations Manager. Step 3 Failing settlement under Step 2, the Union shall, within seven (7) calendar days of the date on which the receipt of the decision of the Administrative Director or Academic Xxxx was or should have been given, refer the grievance or complaint in writing to the Labour Relations Manager who shall render a decision in writing within seven (7) calendar days. The Labour Relations Manager may call a meeting with the Union Grievance Committee to discuss the grievance or complaint. At such meeting the grievor may be invited to attend at the request of the Union. The Supervisor may be invited to attend such meeting as determined by the Employer. Step 4 Failing settlement under Step 3, the grievance or complaint may be referred to a Grievance Commissioner or arbitration within ten (10) working days of the date on which the reply to Step 3 was given, or should have been given by the Labour Relations Manager. 11:02 Where a dispute between the parties involving a question of general policy occurs, the difference between the parties shall be reduced to writing citing the alleged violations and the particulars of the situation giving rise to the grievance and, in the case of a Union grievance, signed by the President, Vice-President, or their appointee. In the case of a grievance by the Employer it shall be signed by the City Manager or designee and Labour Relations Manager. Failing settlement of such disputes, it is understood that same may be carried through Step 3 of the Grievance Procedures, including arbitration of the final and binding except settlement. 11:03 The Employer shall grant sufficient time to the Chairperson and/or Union Administrative Committee Member for demotionthe adjustment of grievances without loss of salary. The Chairperson and/or Union Committee Member shall notify their immediate supervisor when leaving their job to adjust a grievance and, termination or suspension upon their return to work, notify their supervisor. In the event the department is unduly interfered with, a mutually agreed upon time will be taken within twenty-four (24) hours. 11:04 All replies to grievances shall be in writing at all stages and copies of an employee. A copy such replies from the Employer shall be forwarded to the Chairperson within the time limits as specified above. 11:05 The Grievance Committee of the Union hereinbefore referred to shall be comprised of the President of Unifor Local 2458 and/or their appointee, the Chairperson and two (2) other Union Committee Members. It is agreed that at least one (1) member of the Grievance Committee shall be the Union Administrative Committee Member representing the grievor. (a) Any and all time limits may, at any time, be extended by written mutual agreement of both parties. (b) In the event that the Employer fails to reply in writing within the time limits prescribed in the Grievance Procedure, the Union may submit the matter to the next step as if a negative reply or denial had been received on the last day for the forwarding of such reply. (c) When no action is taken by the Union to submit the matter to the next Step in the grievance answer procedure (i.e. Step 1, 2,or 3) within the time limits set out in this Article 11, the grievance will be supplied deemed to have been abandoned. 11:07 The grievor shall suffer no loss of pay if any meetings required in this Article are held during the grievor's regular working hours. 11:08 The parties agree to meet as required to discuss any outstanding grievance(s). 11:09 In the event the Employer representative identified as the respondent in two or more successive steps is the same individual, the grievance will be referred to the grievant or Unionnext step. 11:10 As an alternative to the regular arbitration procedure, the parties shall have the option of mutually agreeing to refer a post third step grievance to a Grievance Commissioner in the following procedures: (a) The Employer and Union may agree in writing to the appointment of any individual to act as a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Employer and the Union to consider and determine grievance(s) referred to them for final and binding arbitration. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 12 – Arbitration. (b) Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of a grievance which the parties have agreed may be handled in a summary manner. The rules governing the summary proceeding of the Grievance Commissioner are set out in the schedule hereto. (c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases. Notwithstanding anything contained in this Agreement, the decision of the Grievance Commissioner shall: (i) Be consistent with the provision(s) of this Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any 19.01 Any complaint, disagreement or difference or dispute arise of opinion between the City Employer, the Union or the employees covered by this Agreement, which concerns the interpretation, application, operation or alleged violation of the terms and any employee or group of employees with respect to the interpretation or application of a specific and identified provision provisions of this Agreement, it will shall be considered as a grievance. 19.02 Should any alleged grievance arise as to the interpretation and must be resolved in accordance with application of the following procedure: Step 1. If the Unionprovisions of this Agreement, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance such grievances shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or processed within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event circumstances giving rise to the grievancegrievance have originated or occurred, in the following manner and sequence: FIRST: The grievance form must be submitted to the Supervisor before a grievance meeting is scheduled between the aggrieved employee and their immediate Supervisor and Manager. The xxxxxxx or a Union Representative will present the grievance on behalf of the employee to the employee’s Supervisor and Manager. The decision of the Supervisor and Manager shall be considered abandoned. The Department Head shall hold a Step One hearing given within twenty-one five (215) calendar days of receipt following presentation of the grievance. Failing settlement; the xxxxxxx or the Union Representative may advance the grievance to the next step. Union Representative if they so desire. The decision of the second step shall be given within fourteen (14) calendar days. Failing settlement; the xxxxxxx or the Union Representative may advance the grievance to the next step. 19.03 The term "working day" for the purposes of this Article shall not be deemed to include Saturdays, Sundays and General Holidays. 19.04 If an employee, who has completed the Step One hearing is not heldprobationary period, alleges that they have been unjustly discharged, they shall notify the Employer, in writing, within five (5) working days after date of separation, stating the reason of objection to the discharge and the grievance will be considered commencing with the second step of 19.02 of this Article. 19.05 Should any grievance arise directly between the Employer and the Union as to the interpretation and application of the provisions of this Agreement, the grievance shall be resolved taken up commencing with the second step of 19.02 of this Article. 19.06 Pending settlement of any grievance, the aggrieved employee shall perform the duties assigned to them by the Employer. 19.07 A Union Representative as contained in favor this Article, will mean a full- time employee of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1A. The Association shall be entitled to form a Grievance Committee consisting of three (3) members. Should The Grievance Committee shall have the right to file a grievance on behalf of any difference members covered by this Agreement or dispute arise between on behalf of the City and any employee or group Association. The Association shall notify the County, in writing, of employees with respect to the interpretation or application names of the members of the Grievance Committee. B. A grievance is defined as a claim of violation of a specific and identified provision article and/or section of this Agreement, it will . The following procedure is to be considered a grievance and must be resolved observed in accordance with the following proceduresettlement of grievances: Step 1: Any employee having a grievance shall discuss the matter with his immediate supervisor within fifteen (15) calendar days of the date he first becomes aware, or reasonably should have become aware, of its occurrence. (Grievances involving a disciplinary matter shall initially be filed at Step 2). If settlement is not reached, within ten (10) calendar days of the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing meeting with the specific contract clause violated and supervisor the relief requested. The grievance shall be reduced to writing and shall be writing, signed by the aggrieved employee and/or the Association President (or employees their designees), and a copy given to the Sheriff or his authorized designee. The employee’s immediate supervisor and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one Sheriff (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(sSheriff’s designee) should have known of shall meet with the event giving rise to aggrieved employee and the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing Association President (or his designee) within twenty-one ten (2110) calendar days of receipt of the grievance. written grievance to try to resolve the matter. Step 2: If Step 1 does not affect settlement, within ten (10) calendar days of the Step One hearing is not held, meeting with the supervisor and the Sheriff (or the Sheriff’s designee) the grievance shall be resolved in favor forwarded to the Employer’s Director of Human Resources, with a copy to the Sheriff. The Sheriff and the Director of Human Resources shall meet with the aggrieved employee and the Association President (or his designee) within ten (10) calendar days of the grievant or Union. The Department Head Director’s and Sheriff’s receipt of the written grievance to try to resolve the matter. Step 3: If Step 2 does not affect settlement, the Association shall issue have the right to submit the matter for decision of an impartial arbitrator, provided that the Association shall file a written answer within twenty-one Demand for Arbitration with the American Arbitration Association no later than thirty (2130) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievanceStep 2 answer, with a copy to the Sheriff and the Employer’s Director of Human Resources. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt Selection of the grievance. The City Manager or his/her designee will respond to arbitrator and the grievance in writing within twenty-one (21) calendar days after such meeting. This decision arbitration process shall be signed governed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy Voluntary Labor Arbitration Rules of the grievance answer will be supplied to the grievant or UnionAmerican Arbitration Association.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 125.01 It is the mutual desire of the parties herein that complaints of employees be adjusted as quickly as possible and it is understood that an employee has no grievance unless a complaint has been referred to the employee’s immediate Supervisor. Should The Supervisor shall give an oral decision to the complaint with five (5) workdays. If the employee believes that complaint has not been satisfactorily adjusted, she may proceed to the grievance procedure. The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances. 25.02 Unless stated otherwise, any difference reference to a number of days in this Agreement shall be a reference to calendar days. 25.03 The Employer or dispute arise the Union shall not be required to consider or process any grievance which arises out of any action or condition more than five (5) working days, excluding Saturdays, Sundays and holidays after the complaint procedure as outlined in 25.01. If the action or condition is of a continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the City and any employee parties concerning the interpretation, application or administration of this Agreement. 25.04 A “group grievance” is defined as a single grievance, signed by a xxxxxxx or a CLAC Representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with respect at successive stages of the grievance procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a “group grievance”. 25.05 A “policy grievance” is defined as a grievance that involves a question relating to the interpretation interpretation, application, or application of a specific and identified provision administration of this Agreement, it will . A policy grievance may be considered a submitted by either party at Step 2 of the grievance and must be resolved in accordance with procedure. A policy grievance submitted by the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance Union shall be reduced signed by a CLAC Representative and submitted to writing and the Employer. A policy grievance submitted by the Employer shall be signed by the aggrieved employee Employer or employees and the bargaining unit his representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. 25.06 Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.1

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute differences arise between the City Cuyahoga DD and any employee or group of employees with respect the Union as to the interpretation or application of a specific and identified some express provision of this the Agreement, it an xxxxxxx effort will be considered a grievance and must be resolved made to settle such differences promptly in accordance with the following procedure:manner. Step 1. The aggrieved employee may speak to his/her immediate supervisor in an effort to resolve the issue in a timely manner. Step 2. If no resolution is reached at Step 1, or if the Unionemployee wishes to bypass Step 1, any employee or group of employees believes that she/he has a the grievance (as defined in section one (1), she/he shall first cite must be submitted in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the employee’s Department Head Manager within twenty-one fifteen (2115) calendar working days of the event occurrence giving rise to the grievance. If the grievance involves a supervisor, the grievance shall advance and be filed at step 2 of the grievance process. If the grievance involves a different department or unit (QA, SA, or MUI unit), the grievance shall advance and be filed under step 3 of the grievance process. The grievant, Department Manager and a Union representative shall meet within twenty-one 15 working days of the filing of the grievance to discuss the grievance at a time and in a manner which does not interfere with operations and does not involve the Cuyahoga DD’s clients or visitors. If no settlement is reached at this meeting, the Department Manager shall have five (215) calendar work days after the union or meeting to respond to the affected employee(s) should have known grievance in writing. Step 3. If the written answer of the event giving rise Department Manager is deemed unsatisfactory, the grievance must be appealed, in writing, to the Director of Human Resources or his designee within fifteen (15) working days from the day of receipt of the appeal. The Director of Human Resources and/or his designee shall meet within 15 working days of the appeal of the grievance, with the grievant, the Union representative (s), to discuss the grievance. If no settlement is reached at this meeting, the Director of Human Resources or his designee shall be considered abandonedhave five (5) work days to respond to the grievance in writing. 2. The Department Head shall hold a If the Union is not satisfied with the answer at Step One hearing 3, the Union may submit the grievance to arbitration by serving written notice to the Cuyahoga DD of its desire to do so within twenty-one twenty (2120) calendar work days of receipt of the grievanceStep 3 decision after the next Union Executive Board meeting. If the Step One hearing is not heldFollowing initial notification, the grievance shall be resolved in favor Union must notify the Federal Mediation and Conciliation Service ("FMCS") and request that it provide a panel of seven (7) arbitrators. In the grievant event the Grievant has filed an internal appeal within SEIU 1199, the Union will give written notice to the Human Resources Director or Union. The Department Head shall issue a written answer within twenty-one (21) calendar designee and will have no more than 45 days after the Step One hearingExecutive Board meeting to inform the Board if an appeal will be granted, and the Union shall have ten (10) days from that date to send its written request to FMCS. If no answer is given in The Union and the time limits set forth above, Cuyahoga DD shall alternatively eliminate from the grievance panel the arbitrator of their choosing until only one arbitrator remains. The sole arbitrator shall be resolved in favor hear the case. The decision of the grievant or the Union. This resolution arbitrator shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotionon the Cuyahoga DD, termination the Union and the employees. The arbitrator shall decide the grievance in accordance with the expressed provisions of this Agreement and shall have no authority to add to, subtract from, or suspension modify any part of an employeethis Agreement. A copy The expenses of the grievance answer will arbitrator, including his/her time, travel and miscellaneous expenses shall be supplied to borne equally by the grievant or Unionparties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1‌ 601 Complaints and Grievances‌ An employee shall have the right to grieve any complaint arising from the application, interpretation, administration or alleged violation of this Agreement. Should any difference It is understood that nothing contained in this Article is intended to preclude the informal discussion and review of employee concerns or dispute arise complaints between employees and members of management. No employee shall have a grievance until the employee, with the assistance of a Union representative if so desired, has given their immediate supervisor an opportunity to resolve the complaint. 602 STEP 1‌ It is the mutual desire of the parties hereto that grievances of employees be adjusted as quickly as possible and it is understood that if an employee has a grievance it shall be discussed with their supervisor within thirty (30) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the griever in order to give the supervisor an opportunity of adjusting the grievance. The discussion shall be between the City employee and/or union xxxxxxx, the supervisor and a representative of the Human Resources Department. The supervisor's response to the grievance shall be given within seven (7) days after such discussion. 603 STEP 2‌ Failing settlement, the grievance may be taken up in the following manner and sequence provided it is presented within fifteen (15) days of the supervisor's reply to the grievance: the Union shall present a written grievance to the Editor-in-Chief or designate, setting forth the nature of the grievance, and the remedy sought. The Editor-in-Chief or designate shall arrange a meeting with the Union and a representative of the Human Resources Department within seven (7) days of the receipt of the grievance at which the griever, in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. The Editor-in-Chief or designate may have such assistance at the meeting as is considered necessary. The Editor-in-Chief or designate will give the Union a decision in writing within seven (7) days following the meeting with a copy to the griever. 604 In the event the grievance has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing be given to the Employer within thirty (30) days of the date of the decision from the Editor-in-Chief or designate, be referred to arbitration as hereinafter provided. 605 Binding arbitration of disputes‌ Any matter so referred to arbitration, including any question as to whether a matter is arbitrable, shall be heard by an independent arbitrator. The notice of the party referring the decision to arbitration shall contain the names of three neutral persons, any of whom it is prepared to accept as Arbitrator. The recipient of the notice shall within fourteen (14) days advise the other party of either its acceptance of one of the proposed persons as the arbitrator or shall suggest the names of other neutral persons it proposes to act as Arbitrator. If the recipient of the notice fails to respond, or if the two parties fail to agree upon a neutral person to act as Arbitrator within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitrator shall hear and determine the matter and shall issue a decision. The decision shall be final and binding upon the parties and upon any employee or group affected by it. Either party may, in the correspondence contemplated in Article 605 notify the other party of employees its suggestion to proceed before a Board of Arbitration. Provided both parties agree, an Arbitrator selected to proceed in accordance with respect Article 605 shall be appointed as chair of the Arbitration Board. Each party shall be responsible for naming its own nominee to the interpretation Arbitration Board and will advise the other party and the Chair of the name of its nominee. Where the parties have agreed to a Board of Arbitration, references in this article to Arbitrator will be read to mean Arbitration Board, where appropriate. 606 The Arbitrator shall not be authorized to alter, modify or application amend any part of a specific and identified provision the terms of this Agreement, or to make any decision inconsistent therewith. No individual shall be selected as an arbitrator who has at any time been involved in attempting to resolve the grievance, or in the negotiation of this collective agreement, unless the parties mutually agree otherwise. 607 The Employer and the Union shall each pay one-half (1/2) of the remuneration and expenses of the Chair and shall each pay the remuneration and expenses of its nominee. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. 608 The time limits imposed upon either party of any step in the Grievance Procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. 609 Where the Arbitration Board or Arbitrator determines that a disciplinary penalty or discharge is excessive, it will be considered may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. 610 Employer Grievance‌ The Employer shall have the right to file a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee Vice-President of Human Resources or employees and designate, with the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head Union within twenty-one thirty (2130) calendar days of when the event circumstances giving rise to the grievancegrievance were known or should reasonably have been known to the Employer. Failing settlement, or a meeting will be held with the Union within twenty-one seven (217) calendar days after the union or the affected employee(s) should have known of the event presentation of the grievance and the Union shall give the Employer its written reply to the grievance in seven (7) days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within thirty (30) days of the date the Employer received the Union's reply. 611 Policy Grievance‌ The Union shall have the right to file a grievance in writing with the Editor-in-Chief within thirty (30) days of when the circumstances giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant were known or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or should reasonably have been known to the Union. This resolution shall set no precedence for future grievances. If Failing settlement, a meeting will be held with the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by within seven (7) days of the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign presentation of the grievance acknowledging receipt of and the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of Employer shall give the grievance. The City Manager or his/her designee will respond Union its written reply to the grievance in writing within twenty-one seven (217) calendar days after such following the meeting. This decision shall Failing settlement, such grievance may be signed by referred to arbitration under this Article within thirty (30) days of the City Manager date the Union received the Employer's reply. 612 Dismissal Grievance‌ Grievances involving the discharge or designee and be final and binding except for demotion, termination or suspension discipline of an employee. A copy employee may be submitted at Step 2 of the grievance answer will procedure. 613 Group Grievance‌ If two (2) or more employees have the same individual grievance arising out of the same circumstances and based on the same incident, such grievances may be supplied to combined and treated as a Group grievance. 614 Definitions‌ For the grievant purpose of this Agreement, "day" means a calendar day and "grievance" means a complaint arising from the interpretation, application, administration or Unionalleged violation of the Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 111.1. Should any difference or dispute arise between A grievance is defined as an allegation that the City and any employee or group terms of employees with respect to the interpretation or application this Agreement have been violated. Resolution of a specific and identified provision of this Agreement, it will grievance shall be considered a grievance and must be resolved pursued in accordance with the following procedure:steps. Section 11.2. Step 1. If the Union, any : An employee or group of employees believes that she/he who has a grievance (as defined in section one (1)may discuss the grievance with his immediate supervisor if an oral discussion may be conducive to resolving the matter. If a settlement satisfactory to the aggrieved employee is reached during said oral discussion, she/he such settlement shall first cite in writing be final and binding upon both parties. If an oral discussion does not produce a satisfactory settlement, the specific contract clause violated and employee will be obligated to file a written grievance within the relief requestedtime period set forth herein. The A grievance shall be reduced to writing and set forth the details of the grievance (i.e., the facts upon which it is based, the approximate time of the occurrence, the Section of Agreement of alleged violation and the relief or remedy requested) and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head immediate supervisor within twenty-one ten (2110) calendar business days after the event or knowledge of the event giving rise to which is the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt cause of the grievance. The City Manager date following the event or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt knowledge of the grievanceevent shall be considered the first day of the ten (10) business day period. The City Manager or his/her designee will respond immediate supervisor must give his answer to the grievance in writing within twenty-one ten (2110) calendar business days after such meetingfollowing the date on which the grievance was presented to him. Section 11.3. This decision Step 2: Failure of the immediate supervisor to respond to or resolve the grievance to the satisfaction of the aggrieved employee within the ten (10) business day period shall be signed by grant the City Manager employee the right to submit the grievance within ten (10) business days to the Major or designee and be final and binding except for demotion, termination or suspension of an employee. A copy Captain who shall rule on the merits of the grievance answer will be supplied and must respond in writing within ten (10) business days. Section 11.4. Step 3: If the grievance is not resolved by the Major or Captain to the grievant satisfaction of the aggrieved employee within the ten (10) business day time period, the employee may then refer the matter to the Sheriff or Uniondesignee within ten (10) business days following the Major’s or Captain’s response. Should the Major or Captain fail to answer the grievance within the ten (10) business day period, the ten (10) business day submission period to the Sheriff or designee shall commence on the day following the end of the ten (10) business day period granted to the Major or Captain. The Sheriff or designee must answer the grievance in writing within ten (10) business days of the date of the receipt of the grievance. Section 11.5. Step 4: A grievance unresolved at Step 3 may be submitted to arbitration upon request from the Benevolent Association in accordance with the provisions of this Article.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between 16.1 In the City event of a complaint by an employee covered by this Agreement that they have been dealt with contrary to its terms, the employee may take the matter up as a grievance with the Employer within and any employee or group not after 5 working days of employees with respect the incident giving rise to the interpretation grievance; provided that in the case of wages or application of a specific and identified provision of this Agreement, it will wages the matter shall be considered taken up as a grievance within a reasonable time after the employee became aware of the circumstances and must be resolved in accordance with if the following procedure: Step 1. If grievance is successful the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance maximum wage adjustment shall be reduced made effective not more than 30 regular working days prior to writing the date the grievance was first presented. All grievances shall be in writing, shall contain a concise statement of the facts complained of and shall be signed by the employee concerned and by a member of the Plant Committee or a Xxxxxxx. 16.2 The following procedure shall be adhered to in processing grievances: STEP 1 A xxxxxxx or a member of the Plant Committee, with the aggrieved employee or employees and present, shall present the bargaining unit representativegrievance to the employee’s supervisor. The written supervisor shall deal with the grievance and give an answer or decision in writing within 2 working days following the date upon which the grievance was received. STEP 2 If a satisfactory settlement is not reached at Step 1, the grievance may be referred to the Production Manager or the Production Manager’s nominee within and not after 2 working days following the date on which the decision of the supervisor is given or ought to have been given, as the case may be. The grievance will be presented by a member of the Plant Committee or a Xxxxxxx. The Production Manager or their nominee shall deal with the grievance and give an answer or decision in writing within 2 working days following the date upon which the grievance was received. STEP 3 If a satisfactory settlement is not reached at Step 2, the grievance may be referred to the Plant Manager or the Plant Manager’s nominee within and not after 3 working days following the date on which the decision of the Production Manager or their nominee is given or ought to have been given, as the case may be. The grievance will be presented by a member of the Plant Committee and by a National Representative or Representatives of the Union. The Plant Manager or their nominee shall deal with the grievance and give an answer or decision in writing within 3 working days following the date on which the grievance was received. STEP 4 If the grievance is not settled at Step 3, it may be referred to arbitration under Article 17 within and not after 30 days following the date on which the decision of the Plant Manager or the Plant Manager’s nominee is given or ought to have been given, as the case may be. 16.3 The provisions of this Article shall apply to a grievance filed by a group of employees. 16.4 Either the Employer or the Union may institute a policy grievance by seeking arbitration under Article 17. A policy grievance shall be signed off on by the Department Head acknowledging receipt in writing and shall contain a concise statement of the grievancefacts complained of and shall state the Article of this Agreement of which a violation is alleged. Any A policy grievance shall be instituted within and not reduced to writing and submitted to the Department Head within twenty-one (21) calendar after 5 working days of the event incident, or when the party ought to have been aware of the incident whichever is later, giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, otherwise it shall be considered abandoned. The Department Head null and void and shall hold a Step One hearing within twenty-one (21) calendar days of receipt of not be dealt with by the grievance. arbitrator under Article 17. 16.5 If an employee fails to lodge their grievance or fails to observe the Step One hearing is not heldtime limits set out in this Article, the grievance shall be resolved in favor of the grievant or Union. null and void. 16.6 The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall out in Article 16 may be resolved in favor extended by a mutual written agreement of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysparties. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. In the event an administrator believes there is basis for grievance, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result of the informal discussion with the appropriate administrator a grievance still exists, it shall be reduced to writing within five (5) work days after discussion and submitted to the same administrator on the form set forth in Appendix D. Step 3. If the Uniongrievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director of Human Resources. The Executive Director of Human Resources shall within five (5) work days schedule a meeting with the grievant and the Association in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition of the grievance in writing within five (5) work days of such meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) work days of such meeting, the grievance may be transmitted to the Superintendent. Within ten (10) work days, the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator and the Association a reasonable opportunity to be heard. The Superintendent shall answer the grievance in writing within ten (10) work days of such meeting. A copy of his/her decision shall be furnished to the administrator involved and the Association. Step 5. If the grievance is not resolved at Section B, Step 4 of the grievance procedure the Association may submit the grievance to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination of employment (except in the case of termination of services or failure to re-employ any employee or group of employees believes that she/he has a grievance (as defined in section one (1probationary administrator), she/he or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement of the parties) would be subject to arbitration under this grievance procedure. Written notice of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall first cite be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in writing Section B, Step 4. The written notice shall identify the specific contract clause violated provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. The grievance shall be reduced to writing and shall be signed by If no such notice is given within the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held20 work day period, the grievance Superintendent’s answer shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotionon the Association, termination the employee or suspension employees involved, and the Board of an employeeEducation. A copy If in the event the administrator elects legal action through the judicial system, arbitration as a means of the grievance answer will be supplied to the grievant or Unionresolution does not apply.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. Section 1All grievances shall be dealt with and disposed of as hereinafter provided. 9.01 No employee (union representative in the case of a policy grievance) will lodge a formal grievance until the employee (union representative) and their immediate Manager have met and fully discussed the issue in an effort to resolve the matter. 9.02 Failing a resolve at the preceding informal stage, an employee and/or the Union may lodge a formal grievance in writing to the Department Manager not later than five (5) working days from the time that the alleged violation of the Collective Agreement took place. Should The Department Manager will arrange a grievance meeting, which will include the employee, appropriate Union representative and other individuals deemed necessary by the parties, as soon as reasonably possible to hear the circumstances surrounding the grievance. The Department Manager will issue a formal decision on the matter in writing, not later than seven (7) working days from the date of the grievance meeting. 9.03 Any employee (or Union Representative in the case of a policy grievance) not satisfied with the decision of the Department Manager may, within five (5) working days, appeal this decision in writing to the General Manager. The General Manager (or his designate) will arrange a grievance meeting with the appropriate individuals to hear the grievance, as soon as is reasonably possible upon receipt of an appeal. The General Manager will issue a formal decision on the matter in writing not later than seven (7) working days from the grievance meeting. 9.04 If the General Manager’s (or his designate’s) formal response fails to resolve the grievance, the Union on behalf of the employee may, within five (5) working days from receipt of the formal response, appeal this decision in writing to the People Department, requesting the matter be referred to Arbitration for resolution. 9.05 In the event a grievance has been referred to arbitration, the parties agree to expeditiously identify a mutually acceptable arbitrator to hear the case and render a decision. Failing an agreement on a mutually acceptable arbitrator, the parties will make application to the Minister of Labour, and request the appointment of an Arbitrator to hear and resolve the matter in dispute. 9.06 The Arbitrator shall not have authority to alter or change any difference of the provisions of this Agreement, or dispute arise between to substitute new provisions in lieu thereof, nor to give any decision inconsistent with the City terms and provisions of this Agreement, or to deal with any matter not covered by the Agreement. 9.07 The decision of the Arbitrator shall be final and binding on both parties to this Agreement. 9.08 The parties agree that the costs associated with arbitration hearing (i.e.arbitrator fees, expenses, etc.) shall be equally shared. This does not include the costs associated with the other party’s lawyers, witnesses, etc. 9.09 Both parties agree to dispose of grievances in the foregoing procedure as speedily and effectively as possible. 9.10 During the processing of any grievance and after the decision has been handed down by the Arbitrator, the Union agrees that it will not cause or permit its members to cause, nor will any member of the Union take part in any strike or stoppage of any of the Company's operations, nor will the Union cause or permit its members to cause any curtailment of work, or restrictions, or interference of production of the Company's operation. 9.11 During the processing of any grievance and following the decision of the Arbitrator, the Company will not cause or sanction a lockout of any of its employees. 9.12 If there is a grievance of such a nature that it cannot appropriately be stated as the grievance of a single employee or a group of employees employees, but deals rather with respect to the general questions of interpretation or application of a specific and identified provision of this the Agreement, it will may be considered put forward as a policy grievance and must be resolved in accordance with the following procedure: Step 1. If by the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied discussed at the several steps indicated above and taken to the grievant or Unionarbitration if necessary.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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GRIEVANCE PROCEDURE. Section 1. Should any ‌ 17:01 For the purpose of this Collective Agreement, “grievance” shall be defined as a difference or dispute arise between arising out of the City and any employee interpretation, application, administration, or group of employees with respect to the interpretation or application of a specific and identified provision alleged violation of this Agreement. For the purpose of determining “working days” in this Article, it will Saturdays, Sundays, and General Holidays are excluded. 17:02 The procedure for adjustment of grievances shall be considered a grievance and must be resolved in accordance with the following procedureas follows: Step 1. If the Union, any 1 The employee or group of employees believes that she/he has may submit a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head Executive Director or her designate within twenty-one fifteen (2115) calendar working days of the event giving incident, which gave rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known employee first becoming aware of the event incident. The Executive Director or her designate shall submit her written response to the person filing the grievance within ten (10) working days of receiving the grievance. Step 2 If the grievance is not resolved at Step 1, the employee may submit the grievance in writing to the Personnel Committee within ten (10) working days of receiving the response from the Executive Director or her designate in Step 1. The written grievance shall include: • name of employee involved; • facts giving rise to the grievance, shall ; • section(s) of the Collective Agreement alleged to be considered abandonedviolated; • indication of redress requested. The Department Head Personnel Committee shall hold submit a written response to the employee within ten (10) working days of receiving the grievance. Step One hearing 3 If the grievance is not resolved at Step 2, the Representative of the Union may submit the grievance in writing to the Board of Directors within twenty-one ten (2110) working days of receiving the response from Step 2. The Board of Directors shall schedule a meeting as soon as possible, but within ten (10) working days, with Union Representative along with the Executive Director in attendance, although not necessarily all may be present during the entire meeting. The Board of Directors shall submit its written decision within ten (10) working days of the meeting in Step 3. 17:03 If satisfactory settlement cannot be reached, then upon the written request of either party, within thirty (30) calendar days of receipt receiving the final decision at Step 3, but not thereafter, the matter may then be referred to arbitration. 17:04 In the case of discipline or discharge, Step 1 shall be bypassed. 17:05 In the case of a dispute involving a question of general application or interpretation or where the employee files the grievance. If , Step 1 may be bypassed in the Step One hearing is not heldcase of a Union grievance; and in the case of an Employer grievance, the grievance shall be resolved in favor sent directly to the Union. 17:06 In the case of an Employer grievance, said grievance shall be presented to the Union within fifteen (15) working days of the grievant incident which gave rise to the grievance, or Unionthe Employer first becoming aware of the incident. The Department Head Union shall issue render a written answer response within twenty-one ten (2110) calendar working days after receipt of the Step One hearing. If no answer is given in grievance. 17:07 The failure of the Union or employee to meet the time limits set forth aboveout herein shall cause the grievance to be deemed to be abandoned. 17:08 The time limits set out in this Article are mandatory and may be extended only by mutual consent of the parties in writing. 17:09 The parties shall act fairly, reasonably and in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. In the interests of resolving disputes justly and fairly without recourse to arbitration, the grievance parties agree that full disclosure of all relevant facts shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign during the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionprocess.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between 7.01 The purpose of this Article is to establish a procedure for the City settlement of grievances, the Employer and any Union agreeing that it is of utmost importance to adjust complaints and grievances as quickly as possible. 7.02 An employee or group of employees with respect who has a complaint relating to the interpretation interpretation, application, administration or application of a specific and identified provision alleged violation of this Agreement, it will be considered Collective Agreement shall discuss his complaint with his Supervisor. Such a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance complaint shall be reduced brought to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt attention of the grievance. Any grievance not reduced to writing and submitted to the Department Head Supervisor within twenty-one (21) calendar three working days of the event incident giving rise to the grievance, or complaint. The Supervisor shall state his decision verbally within twenty-one (21) calendar three working days after of receiving the union or complaint. Step 1 Should the affected employee(s) should have known employee be dissatisfied with the Supervisor’s disposition of the event giving rise complaint, he may, with the assistance of his Union Committee person, refer such matter on a written grievance form supplied by the Union to the grievanceShift Leader or his designee, who shall answer the grievance in writing within five working days. The complaint shall constitute a formal grievance at Step 1 and shall be considered abandoned. The Department Head shall hold a Step One hearing filed within twenty-one (21) calendar five working days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor reply of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after Supervisor to the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2complaint. The grievance shall set out the article or articles and sub-sections of the Collective Agreement of which a violation is alleged, and indicate the general relief sought. Step 2 If no settlement is reached at Step 1, the grievor, the Union Committee person and representatives of management shall meet within five working days or a time mutually agreed upon, to discuss the grievance, and if the grievance is not resolved as between the parties at that time, the grievor’s Department Manager or his designee will respond in writing within five working days. If the grievance is not settled within five working days of the Employer’s written response, it may be presented referred to Step 3 as hereinafter provided. Step 3 If no settlement is reached at Step 2, the grievor, the Union Committee person and representatives of management, including the Plant Manager and/or his designee, shall meet within five working days, or a time mutually agreed upon, to discuss the grievance, and if the grievance is not resolved as between the parties at that time, the Human Resources Manager or his designee will respond in person writing within five working days. The Union’s National and/or Local Representative may be in attendance at this meeting. If the grievance is not settled within ten working days of the Employer’s written response, it may be referred to arbitration as hereinafter provided. 7.03 The Union or the Employer may initiate a grievance beginning at Step 3 of the Grievance Procedure. Such grievance shall be filed within ten working days of the incident giving rise to the City Managercomplaint and be in the form prescribed in Step 1. The City Manager Any such grievance may be referred to arbitration under Article 8 by either the Union in the case of a Union grievance or his/her designee will sign the grievance acknowledging receipt Employer in the case of the an Employer grievance. The City Manager Union may not institute a grievance directly affecting an employee or his/her designee will hold a hearing within twentyemployees which, such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-one (21) calendar days of receipt passed. 7.04 Any complaint or grievance which is not commenced or processed through the next stage of the grievanceGrievance or Arbitration Procedures within the time specified shall be deemed to have been dropped. The City Manager or his/her designee will respond to However, time limits specified in the grievance Grievance Procedure may be extended by mutual agreement in writing within twenty-one (21) calendar days after such meeting. This between the Employer and the Union. 7.05 A probationary employee shall have no right to lodge a grievance or file a request for arbitration, provided the decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or UnionEmployer was not exercised in a discriminatory manner.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will All grievances shall be considered a grievance and must be resolved settled in accordance with the following procedure:grievance procedure set forth below. Step 1. If the Union, any 1 Any employee or group of employees believes that she/he has having a grievance (as defined in section one (1), she/he shall first cite take up the matter with his department head or designated representative, and Union Xxxxxxx or alternate in writing an effort to resolve the specific contract clause violated and grievance. Step 2 In the relief requested. The event the grievance is not settled at Step 1, it shall be reduced to writing and shall be writing, signed by the grievant and submitted to the aggrieved employee or employees and the bargaining unit representativeemployee's Department Head within fifteen (15) work days of its occurrence. The written grievance shall be signed off on by discussed between the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievancexxxxxxx, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievancealternate, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by and the Department Head, then or his designated representative. The Department Head, or his designated representative shall give his written decision on the grievance within twenty-one five (215) calendar dayswork days following the termination of the Step 2 meeting. Step 3 In the event the grievance is not settled at Step 2, the Union may request a meeting to be held between the President and the Human Resources Director, or their designated representatives. The grievance Such request shall be presented made in person writing to the City Manager. The City Manager Human Resources Director by the President, or his/her designee will sign the grievance acknowledging his designated representative, within five (5) work days after receipt of the grievanceStep 2 answer. The City Manager Human Resources Director, or his/her designee will hold his designated representative, shall give his written decision on the grievance within five (5) work days following the termination of the Step 3 meeting. Step 4 In the event the grievance is not satisfactorily settled at Step 3, either party may submit the matter to binding arbitration, by filing a hearing Demand for Arbitration with the American Arbitration Association within twenty-one twenty (2120) calendar work days of after the receipt of the grievanceStep 3 answer. The City Manager or his/her designee will respond Union shall provide a copy of its Demand for Arbitration to the Employer's Human Resources Director at the time of filing with the Association. If the grievance is not submitted to arbitration within such twenty (20) work day period, it will be considered closed on the basis of the Employer's Step 3 answer. Selection of the arbitrator and the arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association in writing within twenty-effect at the time the Demand for Arbitration is filed with the Association. The arbitrator's fees and expenses shall be shared equally by the parties. Each party shall be responsible for its own expenses, if any, in connection with the arbitration proceedings. The decision of the arbitrator must be based on an interpretation of one (21) calendar days after such meetingor more of the provisions of this Agreement or any supplement or amendment thereto. This The arbitrator shall have no power to add to, take from, modify, or alter this Agreement or any supplement or amendment thereto. Any matter submitted to arbitration over which the arbitrator has no power to rule shall be referred back to the parties without decision. When rendered in accordance with his jurisdiction and authority, the arbitrator's decision shall be signed by the City Manager or designee and be final and binding except for demotionupon the Employer, termination the Union and any employee or suspension of an employee. A copy of the grievance answer will employees involved and cannot be supplied to the grievant or Unionchanged by any individual.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1GRIEVANCES SHALL BE HANDLED IN THE FOLLOWING MANNER STEP ONE - Immediate Administrator and/or Supervisor. Should any difference or dispute arise between If a problem is not settled during informal discussions and the City and any employee or group of employees with respect wishes to pursue the matter, the employee shall file a grievance, in writing, to the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1immediate Administrator and/or Supervisor. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance This presentation shall be reduced within a reasonable time, but not to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twentyexceed forty-one five (2145) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar working days after the union grievant knew or the affected employee(s) by reasonable diligence should have known of the event giving rise to act or condition upon which the grievance is based. The written information shall include: (a) names, dates, and places necessary for a complete understanding of the grievance, shall be considered abandoned; (b) a listing of the provisions of this agreement which are alleged to have been violated; (c) the date(s) informal discussions occurred and the name(s) of participant(s); (d) a listing of specific actions requested of the public school employer which will remedy the grievance. The Department Head shall hold a Step One hearing within twenty-one (21) calendar Within five working days of receipt of the grievance the immediate Administrator/or Supervisor, either party may request a meeting to discuss the grievance. The District shall indicate the disposition of the grievance in writing within five (5) working days of such meeting and shall furnish a copy thereof to the employee organization and to the grievant. If no answer is received within the time limit established, the grievant may appeal to Step Two STEP TWO - Superintendent If the Step One hearing grievant is not heldsatisfied with the disposition of the grievance in Step One, the grievance shall be resolved in favor transmitted to the Superintendent or the Superintendent's designee within ten (10) working days. Within five (5) working days from the receipt of the grievance the Superintendent or designee shall meet with the grievant or Unionon the grievance and shall indicate the disposition of the grievance in writing within five (5) working days of such meeting and shall furnish a copy thereof to the employee organization and to the grievant. STEP THREE - Advisory Arbitration In the event that the grievance is not satisfactorily adjusted at Step Two, CSEA may submit a request in writing that the grievance be submitted to arbitration. The Department Head request shall issue be made within five (5) working days of the receipt of the response at Step Two or the failure of the District to timely respond. The parties shall immediately attempt to select a written answer within twenty-one (21) calendar days after mutually acceptable arbitrator either from lists to be developed by the Step One hearingparties or developed by the PERB. If no answer is given in the time limits set forth aboveparties are unable to agree upon an arbitrator within ten (10) working days of the request for arbitration, the grievance shall be resolved in favor submitted to the American Arbitration Association for a list of qualified arbitrators, the parties shall select the arbitrator from the list. The selection process shall be completed within five (5) work days of receipt from the American Arbitration Association. The conduct of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it arbitration shall be considered abandoned. If satisfactory disposition is not made governed by the Department Headvoluntary labor arbitration rules of the American Arbitration Association. Both parties agree that, then within twenty-one (21) calendar days. Step 2subject to the provisions of the Code of Civil Procedure of the State of California, the arbitration award resulting from this procedure shall be advisory only on all parties. The grievance costs of arbitration shall be presented in person borne equally by the District and CSEA. An individual representing himself/herself may elect to the City Manager. The City Manager or take his/her designee will sign case to arbitration. In such instances he/she shall follow the grievance acknowledging receipt procedures of this section and shall share the cost with the District. If either party appeals the decision of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt arbitration to Step Four of the grievance. The City Manager or his/her designee will respond to Grievance Procedure, the grievance in writing within twenty-one (21) calendar days after such meeting. This decision appealing party shall be signed by pay the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy full cost of the grievance answer will be supplied to the grievant or Unionarbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 25.01 A grievance is defined as a complaint relating to the interpretation, application, administration or alleged violation of this Agreement. 25.02 It is the mutual desire of the parties that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he or she has first given his or her immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) working days after the circumstances giving rise to the complaint occurred or originated. If the supervisor is unable to adjust the complaint to the employee's satisfaction within five (5) working days, the employee may proceed with the grievance procedure at Step 1. 25.03 The reference to days in this Article excludes Saturdays, Sundays and public holidays. Should any difference Time limits mentioned in this Article may be extended with the written consent of both parties. 25.04 No grievance shall be considered or dispute arise between processed where the City and any employee circumstances giving rise to it occurred or originated more than five (5) working days before the grievance is brought to the supervisor's attention pursuant to Article 25.02 above. 25.05 A "group grievance" is defined as a single grievance, signed by a xxxxxxx or a Union Representative on behalf of a group of employees with respect to who have the interpretation or application of a specific and identified provision of this Agreement, it will be considered same complaint. Such a grievance and must be resolved in accordance dealt with at successive stages of the following grievance procedure: , commencing with Step 1. If The grievors shall be listed on the Uniongrievance form. Should such a grievance be referred to arbitration, any the matter shall be adjudicated as a group grievance. 25.06 The Union may initiate a policy grievance or the Employer may initiate a grievance beginning at Step 2 of the grievance procedure. Such a grievance must be filed within ten (10) working days from the date on which the incident giving rise to the grievance became known or should have become known and shall be in the form prescribed in Step 1. The Union may not institute a grievance directly affecting an employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated which such employee or employees could themselves institute and the relief requestedregular grievance shall not therefore be bypassed. The A policy grievance shall be reduced signed by a Union Representative and submitted to writing the Employer. An Employer grievance shall be submitted by the Employer to a Union Representative or to a xxxxxxx and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt a representative of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysEmployer. 25.07 Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.1

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 118.01 The parties to this Agreement recognize the Stewards and the CLAC Representatives as the agents through which employees shall process their grievances and receive settlement thereof. Should It is agreed and understood that a grievance can only arise from a dispute concerning the interpretation, application, administration, or alleged violation of this Agreement. The parties agree to deal with grievances in a timely fashion. 18.02 The Employer or the Union shall not be required to consider or process any difference grievance which arose out of any action or dispute arise between condition that is more than five (5) workdays after the City and any employee subject of such grievance occurred. Notwithstanding the foregoing, the parties may agree to extend this limitation period. 18.03 A “Group Grievance” is defined as a single grievance, signed by a Xxxxxxx or a CLAC Representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with respect at the successive stages of the Grievance Procedure commencing with Step 1. The grievors shall be listed on the grievance form. 18.04 A “Policy Grievance” is defined as one which involves a question relating to the interpretation interpretation, application or application of a specific and identified provision administration of this Agreement. A Policy Grievance may be submitted by either party to arbitration under Article 19, it will be considered a grievance by- passing Steps 1 and must be resolved in accordance with the following procedure: Step 12. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and Such Policy Grievance shall be signed by a Xxxxxxx or a CLAC Representative, or in the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on case of an Employer’s Policy Grievance, by the Department Head acknowledging receipt Employer or his representative. Step 1 Any employee having a grievance will, accompanied by a Xxxxxxx or a CLAC Representative, submit the same to his immediate supervisor within five (5) workdays of the act or condition causing the grievance. Any For the purpose of this Article, workdays or working days shall mean Monday to Friday. The Employer will deal with the grievance not reduced to writing later than the third (3rd) working day following the day upon which the grievance is submitted and submitted to will notify the Department Head grievor and the CLAC Representative of his decision in writing. Step 2 If the grievance is not settled under Step 1, a CLAC Representative may, within twenty-one five (215) calendar working days of the event giving rise to the grievancedecision under Step 1, or within twenty-five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (211) week after the grievance has been filed. The Employer shall notify the grievor and the CLAC Representative of his decision in writing within three (3) working days following the said meeting. 18.06 A grievance (which has not been accepted, settled, withdrawn or abandoned) may be referred to arbitration under this Article provided the party requiring arbitration serve the other party with written notice within fourteen (14) calendar days after receiving the union or the affected employee(s) should have known decision given at Step 2 of the event giving rise grievance procedure. 18.07 The parties agree to the grievance, shall be considered abandoned. The Department Head shall hold use of a Step One hearing within twenty-one (21) calendar days of receipt of the grievancesole Arbitrator. If they are unable to agree on the Step One hearing is not held, selection of an Arbitrator either party may request the Ministry of Labour to appoint an impartial Arbitrator. 18.08 The Arbitrator will hear and determine the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee and his decision will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except on the parties hereto and the employees affected. The Arbitrator shall not have the power to alter, amend, modify, delete, or add to any provisions of this Agreement or to substitute any new provisions for demotion, termination or suspension any existing provisions nor give any decision inconsistent with the terms and provisions of an employee. A copy this Agreement. 18.09 The cost of the grievance answer Arbitrator will be supplied to the grievant or Unionshared equally by both parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 17.01 The parties agree that their interests are best served by the speedy resolution of grievances. Should To this end, should any difference or dispute differences arise between the City and any employee or group of employees with respect as to the interpretation interpretation, application, administration or application alleged violation of a specific and identified provision the provisions of this Agreement, it will be considered the following procedure for instituting a grievance may be invoked by an individual employee, by a number of employees jointly claiming the same grievance, by the Union or by the Employer. 7.02 If an employee has a complaint, he/she must first give opportunity to his/her immediate supervisor to discuss and must resolve the complaint before a grievance is filed. 7.03 Grievances shall be resolved dealt with in accordance with the following proceduremanner: Step 1. If the Union, any : An employee or group of employees believes that she/he has having a grievance or a designated member of a group having a grievance shall, within twenty (as defined in section one (120) days of the date on which the cause of the grievance occurred or ought reasonably to have been known to the grievor(s), shetake up the grievance, which will be in writing, with the immediate supervisor outside the scope of the bargaining unit. The supervisor will render his/he shall first cite her decision in writing within five (5) days of the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. : The grievance Union shall be presented in person designate a committee of not more than two (2) employees and the Union representative to take up with the City Manager. The City Manager or Publisher and/or his/her designee will sign representative, any grievance not resolved in Step 1. 7.04 All Step 2 written grievances shall contain only one (1) grievance, identify the clause(s) allegedly violated, the persons involved, the date on which the alleged grievance occurred and the relief sought. 7.05 No grievance may be processed to arbitration unless the requirements of 7.02, 7.03, and 7.04 have been completed. 7.06 Any difference arising directly between the Employer and the Union as to the interpretation, application, administration or alleged violation of this Agreement may be submitted in writing by either party within twenty (20) days following the date on which the grievance acknowledging occurred or ought reasonably to have been known to the grievor. The parties shall meet as described in Step 2 within ten (10) days following receipt of the grievance. The City Manager or his/her designee will hold grievance and a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond decision given in writing to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.aggrieved party not more than ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between 8.01 The Employer and the City Union agree that it is of the utmost importance to solve complaints and any grievances as quickly as possible. 8.02 No grievance shall be considered where the grievance was not filed within ten (10) days from the time the employee or group the Union became aware of employees with respect the alleged violation. 8.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows: STEP 1 The employee must summit his grievance verbally to his immediate supervisor or his representative, within ten (10) working days from the date the grievor or the Union became aware of the alleged violation. The supervisor shall render a verbal decision to the interpretation employee within five (5) working days following this meeting. STEP 2 Failing an answer or application of a specific and identified provision of satisfactory settlement as in Step 1, within five (5) working days, the aggrieved employee accompanied by a union xxxxxxx shall meet with his immediate supervisor, or his representative. At this Agreementtime, it will be considered a the grievance and must be resolved submitted to the Employer in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requestedwriting. The grievance shall must state in what respect the Agreement has been alleged to be reduced violated or misinterpreted with reference to the specific clause or clauses relied and the nature of the relief or remedy sought. A decision in writing and shall will be signed rendered by his immediate supervisor, or his representative, to the employee, within five (5) working days following this meeting. STEP 3 Failing an answer or a satisfactory settlement as in Step 2, within five (5) working days, the aggrieved employee or employees and employee, with the bargaining unit representative. The written grievance Chief Xxxxxxx shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to refer the grievance, in writing, to the facility manager, or within twenty-one (21) calendar days after his representative. At the union time the grievance is presented to the facility manager or his representative, a business representative of the Union may be present, if requested by the Union or the affected employee(sEmployer. The facility manager, or his representative, shall render his decision in writing to the employee within five (5) should have known working days from the date of the event giving rise Third Step grievance meeting. Policy, Group, Suspensions or Discharge grievances, or grievances initiated by the Employer will be originated at the Third Step of the Grievance Procedure, with strict adherence to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt terms of the grievance. If Third Step of the Step One hearing is not heldGrievance Procedure. (a) The time limits foreseen at the various steps of the Grievance or the Arbitration Procedures may be extended by mutual consent in writing by both parties. (b) Failure to adhere to time limits specified in this Agreement or mutually agreed extensions, will make the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysnull and void. 8.05 Failing a satisfactory settlement as in Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.Three

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 8.01 A grievance shall be defined as a complaint regarding the interpretation, application, administration or dispute arise between alleged violation of the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision terms of this Agreement, it will or in the case of an employee who has acquired seniority under this Agreement, a complaint that he has been discharged without just cause. 8.02 It is understood that an employee has no grievance until he has first given his immediate supervisor or his designate an opportunity to adjust his complaint. In order to be considered a grievance and grievance, such discussion must be resolved in accordance with take place within ten (10) working days after the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event circumstances giving rise to the grievancecomplaint first occurred or originated. The immediate supervisor or his designate shall communicate his reply to the complaint within four (4) working days. If such complaint is not settled to the satisfaction of the employee concerned, the complainant may file a written grievance in the following manner and sequence: Step 1 The employee shall, with the assistance of a Xxxxxxx if he desires, submit a signed, dated, written statement of such grievance (on a form supplied by the Union), to his Director or designate within twenty-one five (215) calendar working days after he has received the union or the affected employee(s) should have known reply of the event giving rise to immediate supervisor or designate. The nature of the grievance, the article(s) of the Agreement that has been allegedly misapplied or misinterpreted, and the relief or remedy sought shall be considered abandonedclearly set out in the grievance. The Director or designate shall deliver his decision, in writing, within five (5) working days following the day on which the grievance was presented to him. Step 2 Failing settlement in Step 1, within four (4) working days following receipt of the reply in Step 1, the employee, with the assistance of a Xxxxxxx and the Chief Shop Xxxxxxx or his designate may present the grievance to the employee’s Department Head. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, will discuss the grievance shall be resolved in favor of with the grievant or Unionemployee and the Xxxxxxx. The Department Head or his designate shall issue a written answer give his decision, in writing, to the Xxxxxxx within twenty-one five (215) calendar working days after from the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor date of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysmeeting. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between It is the City mutual desire of the Employer and any employee or group the Union to ensure that complaints and grievances of employees are adjusted as quickly as possible. It is generally understood that an employee having a complaint shall first give the supervisor an opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The employee may be accompanied with respect their xxxxxxx when up a complaint with the supervisor. Any written dispute regarding the application, administration, interpretation or alleged violation of this Agreementshall be considereda grievance.The grievance shall specify the of the Agreement of which a violation is alleged, contain a brief statement of the facts relied upon and indicate the relief sought, and the grievance shall be dealt with in the following manner: The grievance must be submitted in writing within fourteen (14)calendar days of the incident giving rise to the interpretation complaint or application from the employee's knowledge of a specific and identified provision of this Agreementthe occurrence giving rise to the grievance. The supervisor shall give an answer, it will be considered a in writing, to the xxxxxxx no later than five (5) calendar days after the grievance and must be resolved in accordance with the following procedure: Step 1is first submitted. If the Unionsupervisor fails to give an answer to the grievance within the time limit set forth in Step One, any employee or group if the answer is unsatisfactory, the Union Executive Committee may within fourteen (14) calendar days, take the grievance to the next step, Step Two. A meeting shall take place, between the appropriate superintendent or manager responsible for the department, the Director of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated Human Resources or their delegate and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head Union Executive Committee, within twenty-one seven (217) calendar days of the event giving rise to receipt of the grievance, or grievance at Step Two. The Employer shall deliver its decision in writing within twenty-one five (215) calendar days after following the union or the affected employee(s) should have known of the event giving rise Step Two meeting. If management fails to give an answer to the grievancegrievance within the time limit set forth in Step Two, shall be considered abandoned. The Department Head shall hold a Step One hearing or if the answer is unsatisfactory, the Union Executive Committee may refer the grievance to the Director of Operations and the National Union Representative within twenty-one fourteen (2114) calendar days who shall schedule a meeting to take place between the Director of receipt of Operations and/or other designated management and the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If National Union Representative and the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then Executive Committee within twenty-one (21) calendar days. Step 2. The Director of Operations shall deliver their decision, in writing, within seven (7) calendar days following the Step Three meeting. The Union or the Employer may initiate a policy grievance at Step Two of the grievance procedure. Such grievance shall be presented in person filed within fourteen (14) calendar days of the incident giving rise to the City Manager. The City Manager complaint or his/her designee will sign from the grievance acknowledging receipt knowledge of the occurrence giving rise to the grievance. The City Manager Union Executive Committee on behalf of an employee who is discharged or his/her designee will hold suspended for more than three (3) days may file a hearing grievance at Step Two of the grievanceprocedure within twenty-one seven (217) calendar days of receipt the discharge or suspension. If a grievance is not settled at Step Three, either party may process the grievance to arbitration in accordance with Article In the case of discipline or termination of employment of a student and where the student grieves, the Employer shall be required to show that it acted reasonablyin discipliningor terminating the employment of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionstudent.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 32:01 A grievance shall be defined as a written complaint arising out of the interpretation, application, or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision alleged violation of this Agreement. 32:02 An xxxxxxx effort shall be made to settle grievances fairly and equitably in the following manner. However, it will nothing in this Agreement shall preclude the Employer or the Union from mutually agreeing to settle a dispute by any means other than those described in the following grievance procedures without prejudice to their respective positions. 32:03 Local Union representatives, upon request to the Program Coordinator and subject to operational requirements, shall be considered a grievance and must be resolved in accordance granted necessary time off without loss of pay to meet with the following procedure:Employer for the purpose of processing grievances. Such permission shall not be unreasonably withheld. 32:04 Step 1. If (a) Within twenty (20) working days after the Uniondate upon which the employee was notified orally or in writing, any or on which the employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt became aware of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event action or circumstances giving rise to the grievance, the employee shall present the grievance with the redress requested to the Program Coordinator; (b) The Program Coordinator or within twenty-one (21) calendar days after the union or the affected employee(s) should have known designate shall sign for receipt of the event giving rise grievance and issue a decision in writing to the grievance, shall be considered abandoned. employee and to the Union within fifteen (15) working days; (c) The Department Head shall Program Coordinator or designate may hold a hearing to discuss the grievance with the employee and the employee’s Union representative before giving a decision on the grievance. (a) If the grievance is not resolved satisfactorily at Step One hearing 1, the employee shall submit the same grievance and the redress requested to the Executive Director, within twenty-one fifteen (2115) calendar working days of the receipt of the decision at Step 1; (b) The Executive Director shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the grievance. If the Step One hearing is not held, the grievance ; (c) The Executive Director shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of to discuss the grievance with the employee and the employee’s Union representative before giving a decision on the grievance. The City Manager . 32:05 An employee claiming to be demoted, discharged or his/her designee will respond suspended without just cause may initiate a grievance at Step 2 and submit it directly to the Executive Director as outlined above. 32:06 If a dispute involving a question of general application or interpretation occurs and affects a group of employees, the Union or the employees may submit the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall directly to the Executive Director. 32:07 An employee may choose to be signed accompanied by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy a local Union representative at any stage of the grievance answer will procedure. 32:08 All time limits referred to in this section may be supplied to the grievant or Unionextended by mutual agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 127.1 The purpose of this Article is to establish an orderly procedure for the settlement of grievances. Should any difference The Company and the Union agree to use problem solving techniques in an effort to reach a satisfactory settlement as quickly as possible. All references to the number of days or dispute arise between time limits in the City different steps of the grievance procedure shall refer to working days and will exclude Saturdays, Sundays, Holidays and any employee other days the Company is required to close the plant. All time limits may be extended by mutual agreement. 27.2 A grievance is defined as a complaint by either the Union or group of employees with respect to the interpretation Company concerning the interpretation, application, administration or application of a specific and identified provision alleged violation of this Agreement. The grievance may be in the form of an Individual, Group or Policy Grievance. The procedure for filing individual and group grievances is as follows: (The following steps are written as an example with an employee as the grievor. The roles would be reversed if the Company were the grieving party). STEP 1 If an employee wishes to have a grievance or complaint taken up it will first be considered a grievance and must be resolved in accordance done orally with the following procedure:Manager/Supervisor within the area giving rise to the dispute. The employee will do this personally, however, a Union Representative may be present and is at the discretion of the member. The complaint will be taken up within 5 days after the incident giving rise to the grievance became known. The Manager/Supervisor will respond to the grievance orally within 4 days after its presentation. The representative alone may represent the employee, at the employee’s request. Step 1. If STEP 2 Any grievance requiring further processing will be referred to the Union, any employee or group of employees believes that sheManager/he has a grievance (as defined in section one (1), she/he shall first cite in writing Supervisor within the specific contract clause violated and area giving rise to the relief requesteddispute by the Union Representative within an additional 3 days. The grievance shall be reduced to writing written and shall be signed by will state the aggrieved employee nature of the grievance the section or employees sections of the Agreement or policy allegedly violated and the bargaining unit representativeredress sought. Within 3 days the Manager/Supervisor will conduct a meeting with the Union Representative(s). The written Company and the Union may each be represented at this meeting by two individuals, one of which will be a representative from Human Resources. If the grievance is not settled at this meeting the Manager/Supervisor shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to present their decision in writing and submitted to the Department Head Union Representative within twenty-one (21) calendar days of 3 days. STEP 3 If the event grievance requires further processing the Union will inform the Manager/Supervisor within the area giving rise to the grievancedispute within 5 days and a grievance meeting shall be arranged between the Grievance Committee and Management Representatives designated by the Executive of the Company. The grievance meeting will be held within a further 5 days. After this meeting an answer will be given within 5 days. The procedure for filing policy grievances is as follows: A Policy Grievance of general application which alleges that there has been a misinterpretation, violation or non-application of the Agreement, by either party to this Agreement shall be submitted in writing to the other party within twenty-one (21) calendar 10 days after the union or the affected employee(s) should have known of the event incident giving rise to the grievance, shall be considered abandonedgrievance became known or should have become known to the grieving party. The Department Head shall hold a Step One hearing within twenty-one (21) calendar Within 5 days of receipt of such notice a meeting will be held between the grievanceCompany Representatives and the Union. The Party against whom the complaint has been made will give an answer in writing within 5 days of this meeting. If the Step One hearing matter is not held, settled to the mutual satisfaction the parties then it may be processed to the Arbitration stage. 27.3 The aggrieved employee will attend any meeting held between the Company and the Union if their attendance is requested and will be paid their regular wages and benefits by the Company. 27.4 If the time allowances provided for above and any mutually agreed upon extensions are not observed by the Union the grievance shall will be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievancesdeemed abandoned. If the Union Company does not timely appeal observe the same time allowances the grievance will advance to the next stage. 27.5 A Union Representative will assist in the presentation of a grievance. 27.6 In cases where it is mutually agreed that an inspection of the job or area would be helpful in settling a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twentya sub-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt committee of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days Union shall, with representatives of receipt Management, make an inspection of the grievance. The City Manager job or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionarea.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 17.01 The purpose of this Article is to establish a procedure for the settlement of all grievances. Should A grievance is defined as any difference arising out of the interpretation, application, administration or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision alleged violation of this Agreement. 7.02 It is the mutual desire of the parties that complaints of employees be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint within five (5) working days of the time when the incident giving rise to the complaint became known or ought reasonably to have become known to the grievor. 7.03 Step One If the complaint is not satisfactorily resolved within two (2) working days, it the committee person will be considered a then submit the grievance in writing to the Supervisor/Manager. The Union Chairperson and/or Xxxxxxx and/or the grievor and the appropriate Company Representative shall meet to discuss the grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that shedesignated Company Representative shall give his/he has a grievance (as defined in section one (1), she/he shall first cite her decision in writing to the specific contract clause violated Union Chairperson within five (5) working days of the receipt of the grievance. 7.04 Step Two Failing settlement at Step One, the Union may within five (5) working days refer the grievance to a meeting of the local members of the grievance committee and representatives of management, who shall meet within five (5) working days of the relief requestedrequest for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. Management’s decision relating to the grievance shall be reduced in writing and, if not rendered during the conference, shall be rendered to writing the Chairperson of the Committee within five (5) working days after the holding of the conference. Either may waive the meeting at this step and shall proceed to Step Three. If at any time during the first two steps of the Grievance Procedure, an agreeable solution is reached, written confirmation of the resolution will be signed by the aggrieved employee or employees Union Committee member, the grievor and the bargaining unit representativeCompany. 7.05 Step Three If the decision at Step 2 of the grievance procedure is not satisfactory to the other party, the grievance may be referred to arbitration under Article 8 provided written notice is given within ten (10) working days following the decision. 7.06 The Union or the Employer may initiate a policy grievance beginning at Step Two of the grievance procedure. The written Such grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head filed within twenty-one seven (217) calendar working days of the event incident giving rise to the complaint and shall be in the form prescribed in Step One. Any such grievance may be referred to arbitration under Article 8 by either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance. The provisions of this paragraph 7.03 shall not be used by the Union to institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the provisions of Article 7 hereof shall not be by-passed. 7.07 No matter may be submitted to arbitration which has not been properly carried out through the grievance procedure within the time specified, providing that the parties may extend the time limits in the grievance procedure by mutual agreement in writing. Where a response is not given by a party within the specific time limits in the grievance procedure, the other party may submit the grievance to the next step of the grievance procedure. 7.08 Settlement in any step of the grievance procedure shall be final and binding upon both parties to this Agreement and upon any employee affected by it. The mandatory provisions of this Article 7 shall not be considered to have been waived by the parties or either of them unless they expressly provide a waiver thereof in writing. 7.09 The discipline, discharge, or within twentylay-one (21) calendar days after off of a probationary employee shall not be the union subject of a grievance and/or arbitration pursuant to the provisions of this Agreement unless the probationary employee is discharged or released for reasons which are discriminatory under the affected employee(s) should have known Canadian Human Rights Act. The Employer may waive the provisions of this Article without prejudice to its position regarding the implementation or application of this Article. 7.10 The time limits of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt grievance procedure are mandatory and any extension of the grievancetime limits under the grievance procedure or for referring a grievance to arbitration must be made by mutual written agreement between the parties. If In the Step One hearing is not heldevent the grievor fails to appeal a grievance on a timely basis as provided herein, the grievance shall be resolved in favor considered null, void and at an end. 7.11 Grievances alleging improper suspension or discharge may be presented at the Second Step within five (5) working days of the grievant suspension or Union. discharge. 7.12 The Department Head grievance procedure shall issue apply with any necessary modifications to a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a group grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Heada Company or Union policy grievance, then within twenty-one (21) calendar days. Step 2. The grievance shall any of which may be presented in person to at the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy Second Step of the grievance answer will be supplied to the grievant or Unionprocedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any employee or group of employees 8:01 Grievances shall be dealt with respect to the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite manner provided such grievances are filed in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar fifteen working days of the event giving occurrence of the incident which gave rise to the grievance, matter in dispute. Requests for grievance hearings and replies following such hearings shall be in writing at all steps. Grievances shall specify the clause or within twenty-one (21) calendar days after clauses in the union or Agreement which it is believed the affected employee(s) should have known City has violated and shall include a statement of facts outlining in what manner the City's interpretation of a clause is disputed. A copy of the event giving rise to grievance will be submitted at each step of the grievance, shall be considered abandonedgrievance procedure. The Department Head shall hold City will arrange a Step One hearing at the first step within twenty-one fifteen (2115) calendar working days of receipt of the grievance. If the Step One hearing is not held, Responses to all steps of the grievance shall procedure will be resolved in favor copied to the Union Grievance Committee Chair. STEP I The employee assisted by a xxxxxxx or an officer of the grievant or UnionUnion shall discuss the case with the Department Head. The Department Head shall issue render a written answer decision within twenty-one (21) calendar five working days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. hearing. STEP II If the Union does considers that a satisfactory settlement was not timely appeal a grievance, reached in Step I it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then may within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar 5 working days of receipt of the grievanceStep I reply request a hearing by the Commissioner of Human Resources or representative. The Commissioner of Human Resources or representative shall render a decision within 5 working days of the hearing. STEP III If the Union considers that a satisfactory settlement was not reached in Step II, it may within 5 working days of receipt of the Step II reply, request a hearing by the Chief Administrative Officer, or representative. The Chief Administrative Officer, or representative, shall render a decision within 5 working days of the hearing. 8:02 Where the dispute involves a question of general application or interpretation of the terms of the Agreement, either the Union or the City Manager or his/her designee will respond to may file a grievance at Step II of the grievance Grievance Procedure. 8:03 The time limits set out in writing within twenty-one (21) calendar days after such meeting. This decision the Grievance procedure shall be signed strictly observed by the City Manager or designee and parties to this Agreement but may be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionextended by mutual consent.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 114.01 It is a mutual desire of the parties to resolve complaints as quickly as possible. Should any difference Such complaints shall be acted upon in the following manner and sequence, however, nothing in this article precludes a nurse from discussing issues with their supervisor in an informal manner. It is the intent of the parties that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she or dispute arise between he has first given her or his Program Manager the City and any employee opportunity of adjusting the complaint. Such complaint shall be discussed with her or group of employees with respect his Program Manager within five (5) work days after the circumstances giving rise to it have occurred. If there is no settlement within five (5) work days, it shall then be taken up as a written grievance within five (5) work days. If a nurse elects to have the interpretation or application assistance of a specific and identified provision Union representative, the Program Manager can have the assistance of this Agreement, it will be considered a grievance and must be resolved in accordance with another member of management. Within five (5) work days following the following procedure: decision at Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The written grievance shall be reduced submitted to writing and shall be the Commissioner, Human Resources or designate. The written grievance signed by the aggrieved employee or employees nurse must contain the nature of the grievance, the remedy sought and the bargaining unit representativesection or sections of the Agreement which are alleged to have been violated. A meeting will be held which may include the appropriate departmental management representatives, the Labour Relations Officer, grievance committee and/or grievor within fifteen (15) work days from the date the grievance is received in the Human Resources Department. The Commissioner, Human Resources or designate will deliver the written decision to the chairperson of the grievance committee with a copy to the Labour Relations Officer within five (5) work days from the date on which the meeting was held. 14.02 If the alleged circumstances of the grievance occurred more than fifteen (15) work days prior to the filing of the grievance at Step 2 the Employer may at its discretion, refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter. 14.03 Any difference arising directly between the Employer and the Union involving the interpretation, application or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step 2. This grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head commenced within twentythirty-one five (2135) calendar days of the event date of occurrence. No Union grievance shall be presented at Step 2 which a nurse, or a group of nurses could normally process as an individual or group grievance. 14.04 Where more than two (2) nurses have a common complaint, it may be submitted as a group grievance at Step 2 within nine (9) work days after the circumstances giving rise to the grievancecomplaint have occurred. 14.05 Failing settlement under the foregoing procedure of any grievance including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration, as in Article 16. If no written request for arbitration is received by the Commissioner, Human Resources or designate within twenty-one fifteen (2115) calendar work days after the union decision under Step 2 is given, it shall be deemed to have been settled and not eligible for arbitration. 14.06 It is agreed that grievances and replies to grievances shall be in writing at all stages. 14.07 All agreements reached under the grievance procedure between the Employer and the Union, will be final and binding upon the Employer, the Union and the nurse(s). 14.08 Any adjustment resulting from the grievance or arbitration procedures, shall not be retroactive prior to the affected employee(s) should have known date of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, occurrence which resulted in the grievance being filed. This clause shall be resolved not prevent the adjustment of pay caused by errors in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. computation. 14.09 If no answer is given to the grievor(s) within the time limit specified in the grievance procedure, the grievor(s) shall be entitled to proceed to the next step. 14.10 Work day" as used in this article and Article 15 shall mean a day other than Saturday, Sunday or a specified paid holiday. 14.11 A grievance that is not submitted to the next step within the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it deemed to be settled and disposition shall be considered abandoned. If satisfactory disposition is not made by as per the Department Head, then within twenty-one (21) calendar daysreply given at the preceding step. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should A grievance is defined as a complaint by an employee concerning the interpretation, application, or violation of any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision provisions of this Agreement, it will be considered . The procedure for adjusting a grievance and must shall be resolved in accordance with the following procedureas follows: Step 1. If the Union, any : An employee or group of employees believes that she/he has having a grievance (as defined in section one (1), she/he shall first cite discuss the matter with his supervisor with the object of resolving the matter informally. Employees may request Union representation during such discussion. Step 2: Any grievance not settled in writing the specific contract clause violated and the relief requested. The grievance Step 1 shall be reduced to writing and shall be writing, signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on presented by the Department Head acknowledging receipt Committee member to the Chief of Police within five (5) days of the grievance. Any grievance not reduced to writing and submitted to occurrence, or, within five (5) days of when the Department Head within twenty-one (21) calendar days grievant had knowledge of the event giving rise to the grievance. The xxxxxxx and the Chief of Police shall, or within twenty-one five (215) calendar days after receiving the grievance, meet to discuss the grievance, and the Chief of Police shall give his written response within five (5) days after the union or meeting. Step 3: Any grievance not settled in Step 2 shall be submitted by the affected employee(s) should have known of the event giving rise Union Committee member to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing City Manager or his designee within twenty-one five (215) calendar days of after receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager2 answer. The City Manager or his/her his designee will sign shall within five (5) days after receiving the grievance acknowledging receipt of meet with the Chief Xxxxxxx and Labor Council field representative to discuss the grievance. The City Manager or his/her designee will hold his designees shall render a hearing written response within twenty-one five (215) calendar days of after the meeting. Step 4: If the grievance remains unsettled, the Union may, within five (5) days after receipt of the grievance. The City Manager Step 3 answer, request either mediation or his/her designee will respond arbitration by submitting written notice to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee his designee. If mediation is requested and if the City mutually agrees the grievance shall, within ten (10) days after receipt of the Step 3 answer, be submitted to the National Center for Dispute Settlement (NCDS) with a mutual request for submission to mediation pursuant to NCDS Grievance Mediation Rules. Step 5: If the grievance remains unsettled after mediation, or if the parties did not mutually agree upon mediation pursuant to Step 4, then within twenty (20) days after the conclusion of mediation, or within twenty (20) days after the Step 3 answer, whichever is applicable, the Union may file a Demand for Arbitration with the Federal Mediation and Conciliation Service (FMCS) of their desire to obtain a panel of seven arbitrators. Either party shall have the option of requesting a second and final panel of even (7) arbitrators from the FMCS. The arbitrator shall be selected from said panel or panels by alternately striking names, with the Union being the first party to strike a name. The power of the Arbitrator stems from this Agreement and his function is to interpret and apply this Agreement and to rule upon alleged violations thereof. He shall have no power to add to, subtract from, or modify any of the terms of this Agreement. The fees and expenses of the arbitrator shall be equally shared by the parties. The decision of the arbitrator shall be final and binding except for demotion, termination or suspension of an employee. A copy on both the Employer and the Union. (a) Any grievance not appealed within the time limits from one step of the grievance answer procedure to the next will be supplied considered settled based upon the previous decision. (b) Any grievance not answered by management within the time limits shall be considered appealed to the grievant or next step. (c) Any of the steps of the grievance procedure as well as the time limits may be waived by mutual agreement in writing. (a) Saturdays, Sundays and holidays are excluded in the determination of the time limits specified in this article. (b) Any and all grievances resolved at any step of the grievance procedure prior to arbitration shall be final and binding on the City, the Union, and any and all unit employees involved in the particular grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should 14.1 For the purpose of this Agreement, the term "grievance" means any difference dispute between the City and the Union, or dispute arise between the City and any employee concerning the interpretation, claim of breach, or group of employees with respect to the interpretation or application of a specific and identified provision violation of this Agreement, it will and the term "management" shall include the City and any of its supervisory personnel. The City and the Union encourage the use of the Early Mediation Process prior to issues becoming the subject of grievances. Participation in the process is entirely voluntary, confidential and does not impact grievance rights. Any alleged grievance shall be considered a taken up by the employee with their supervisor within twenty-four (24) calendar days of reasonable knowledge of the occurrence, except for grievances relating to discipline which shall be filed within ten (10) calendar days of receipt of written notification of final disciplinary action by the Chief of the Fire Department. The above participants agree to make every effort to settle the grievance and must be resolved in accordance with at this stage promptly; however, if no satisfactory settlement is reached, the following procedureprocedure shall apply: 14.2.1 Grievances shall be submitted at the Step 1. If in which there is authority to adjudicate such grievance as provided for in the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. Article. Step 1 The grievance shall be reduced to writing and shall be signed written form by the aggrieved employee or employees and/or Union, stating the section of the Agreement violated and explaining the bargaining unit representativegrievance in detail. The Station Xxxxxxx or Union Representative shall present the written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head employee’s supervisor within twenty-one ten (21) calendar days of the event giving rise to the grievance, or within twenty-one (2110) calendar days after the union or alleged grievance is taken up by the affected employee(s) should have known of employee with their supervisor, who shall transmit the event giving rise written grievance to the grievance, next higher level supervisor. This supervisor shall be considered abandoned. The Department Head shall hold convene a Step One hearing meeting within twenty-one ten (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (2110) calendar days after receipt of the written grievance, between the Station Xxxxxxx, Union Representative, aggrieved employee, together with the relevant supervisors, and any other witnesses and/or members of management whose presence is deemed necessary to a fair consideration of the grievance. Step One hearing. 2 If no answer a grievance remains unresolved after the written decision is given delivered in the time limits set forth above, Step 1 or if the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievanceis initially submitted at Step 2 per Section 14.2.1, it shall be considered abandoned. If satisfactory disposition is not made transmitted in writing by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person aggrieved employee and/or Union involved to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt Chief of the grievance. The City Manager or his/her designee will hold Fire Department with a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond copy to the grievance in writing within twenty-one (21) calendar days after such meetingDirector of Labor Relations. This decision shall Said transmittal must be signed accompanied by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.following information:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between a. The purpose of the City and any grievance procedure shall be to settle employee or group of employees with respect to the interpretation or application of grievances on as low a specific and identified provision of this Agreement, it will level as possible. b. Any such grievance shall be considered a grievance and must be resolved settled in accordance with the following procedure: Step (1) The aggrieved employee and his/her Xxxxxxx shall take up the grievance with his/her immediate supervisor, within fifteen (15) working days of its occurrence and his/her supervisor will take the necessary steps to adjust the complaint. If no satisfactory settlement is reached within two (2) working days, then (2) The employee shall put the grievance into writing and forward it to his/her department head. Said grievance shall state the nature and facts giving rise to such grievance, the section(s) of the Agreement involved, if appropriate, and the specific remedy sought. The department head will discuss the grievance with the employee and the Shop Xxxxxxx and attempt to adjust the grievance. If no satisfactory settlement is reached within three (3) working days after receipt of the written grievance, then (3) The Shop Xxxxxxx shall present the grievance to the Director of Utilities or Manager, Department of Utilities, within five (5) working days. After receiving the complaint, the Director of Utilities or Manager shall call a meeting that shall include the department head, the aggrieved employee, the Unit Chairperson or the Union Xxxxxxx, and the Staff Representative. The Director of Utilities or Manager shall make a report of his/her findings and render a decision in writing within five (5) working days after said meeting, and a copy shall be provided to the Staff Representative. (4) In the event any grievance or dispute is not settled in a manner satisfactory to both the Union and the Employer, then either party has the right and authority to submit such grievance or dispute to arbitration in the manner hereinafter provided for. (5) Should the parties hereinabove set forth be unable to finally determine such grievance or dispute, the matter shall then be referred within fifteen (15) working days following the Director’s or Manager’s decision, to the American Arbitration Association to arbitrate such dispute or grievance. The jurisdiction and authority of the arbitrator and his/her opinion and award shall be confined to the interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Employer. He/she shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement. The arbitrator shall not have jurisdiction to hear or decide more than one (1) grievance without the mutual consent of the Employer and the Union except as required by the AAA. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee, the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requestedEmployer. The grievance standard of proof in all cases shall be reduced based on a preponderance of the evidence. (6) The party requesting arbitration also shall notify the State Board of Mediation and Arbitration and request mediation of the dispute. The parties shall meet with a state mediator in an effort to writing and resolve the dispute prior to any arbitration hearing. (7) Failure at any step of this procedure to communicate a decision within the specified time limits shall permit the aggrieved employee to proceed immediately to the next step. Failure at any step to appeal within the specified time limits shall be signed considered acceptance by the aggrieved employee or employees of the decision rendered, and such decision shall thereafter be binding upon the aggrieved employee and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1‌ a) For the purpose of this Article, the immediate supervisor shall be the Non-Union Supervisory Staff below Department Director, if any. Should any difference or dispute arise between It is the City and any employee or group mutual desire of the parties hereto that complaints of employees with respect shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he/she has given his/her immediate supervisor an opportunity to the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must be resolved in accordance with the following procedure: Step 1adjust his/her complaint. If the Union, any an employee or group of employees believes that she/he has a grievance (as defined in section one (1)complaint, shehe/he shall first cite in writing she and his/her xxxxxxx, or if that xxxxxxx is absent, the specific contract clause violated and chief xxxxxxx, or if the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt chief xxxxxxx is absent, another member of the grievance. Any grievance not reduced to writing and submitted to committee, shall discuss it with his/her immediate supervisor within five (5) working days after the Department Head within twenty-one (21) calendar days of the event circumstances giving rise to the grievancecomplaint become known to the employee. The immediate supervisor's decision shall be given, or within twenty-one five (215) calendar working days following such discussion. Failing settlement, and if the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned together with the Grievance Committee may then take the matter up as a grievance in the following manner and sequence: Step 1 For the purpose of this Article, the immediate supervisor includes the Supervisor and the Department Director is the person in charge of that Department. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he/she is given his/her immediate supervisor an opportunity to adjust his/her complaint. If an employee has a complaint, he/she and his/her Union representative shall discuss the complaint with the supervisor within five (5) working days after the union or the affected employee(s) should have known of the event circumstances giving rise to the grievance, complaint becoming known to the employee. The immediate supervisor’s decision shall be considered abandonedgiven within five (5) working days following such discussion. The Failing settlement, and if the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned, together with the Grievance Committee, may then take the matter up at Step 2. Step 2 If the dispute is not settled to the satisfaction of the employee or the Grievance Committee within seven (7) working days of the meeting with the employee’s supervisor, the grievance shall be submitted in writing within seven (7) working days from the time of the said meeting with the employee’s supervisor to the Director of Human Resources, who shall convene a meeting with the employee, the Grievance Committee, the Supervisor, the Department Head shall hold a Step One hearing Director and the Director of Human Resources within twenty-one five (215) calendar working days of receipt of the grievance. If A National Representative of the Step One hearing is not held, the grievance Union shall be resolved in favor present at the request of either the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant Corporation or the Union. This resolution The decision of the Director of Human Resources shall set no precedence for future grievancesbe given within four (4) working days following such meeting. If Failing settlement, and if the Grievance Committee of the Union does not timely appeal considers the grievance to be justified, the employee(s) concerned together with the Grievance Committee may then take the matter up at Step 3. Failing settlement under Step 2 of any difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a grievancematter is arbitrable, such difference may be taken to arbitration, and if no written request for arbitration is received within fifteen (15) full working days after the decision in Step 2 is given, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysdeemed to have been settled. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should 20.01 It is the mutual desire of the Parties hereto that any difference complaint or dispute arise cause of dissatisfaction arising between an employee and the City and any employee or group of employees Employer with respect to the application, interpretation or application alleged violation of this Agreement shall be adjusted as quickly as possible. 20.02 All matters in dispute relating to the interpretation, application, operation or alleged violation of this Agreement shall be settled using the following steps of the Grievance Procedure: Step One The complaint shall be submitted verbally or in writing to the Supervisor within five (5) working days of the act or condition giving rise to the matter. The Supervisor will settle the complaint within five (5) working days Step Two If the matter is not settled under Step One, a Xxxxxxx or Union Representative may, within five (5) working days of the decision under Step One, submit a written grievance to the Supervisor. The Supervisor shall meet with the employee and Union Xxxxxxx within five (5) working days of the receipt of the grievance in an attempt to resolve the grievance. A Staff Representative of the Union and the Griever may be present at this meeting if requested by either Party. The Supervisor shall within a further five (5) working days give the answer to the grievance on the grievance form and return it to the Union. Step Three If the matter is not settled under Step Two, a Xxxxxxx or Union Representative may, within five (5) working days of the decision under Step Two, submit a written grievance to the Department Manager. The Department Manager shall within five (5) working days hold a meeting between the Union Grievance Committee and the appropriate representatives of Management, in a further attempt to resolve the grievance. A Staff Representative of the Union and the Griever may be present at this meeting if requested by either Party. The Manager shall within a further five (5) working days give the decision in writing, on the grievance form, and return it to the Union. Step Four If the matter is not settled under Step Three, a Xxxxxxx or Union Representative may, within five (5) working days of the decision under Step Three, submit a written grievance to the Employer’s Representative. The Employer’s Representative shall within five (5) working days hold a meeting between the Union Grievance Committee and the appropriate representatives of Management, in a final attempt to resolve the grievance. A Staff Representative of the Union and the Griever may be present at this meeting if requested by either Party. The Employer’s Representative shall within a further five (5) working days give the decision, in writing, to the Union on or attached to the grievance form. The time limits under 20.02 above may be extended by mutual agreement in writing. 20.03 In the event a group of employees have the same complaint; the matter shall be handled as a “Group Grievance”. A Union Xxxxxxx or a Union Representative on behalf of a specific and identified provision group of employees who have the same complaint shall sign such a grievance; and, the matter shall be dealt with through the Grievance Procedure commencing with Step One. The grievers shall be identified. 20.04 In the event the Union or the Employer raises concern with the interpretation, application, or administration of this Agreement, it will be considered a grievance the matter in question, being broad procedure-based to guide and must be resolved in accordance with the following procedure: Step 1. If the Uniondetermine present and future decisions, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and handled as a “Policy Grievance”. A Policy Grievance shall be in writing, signed by the aggrieved employee or employees a Union Representative, and the bargaining unit representative. The written grievance shall may be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days grievance procedure at Step Three as detailed above. 20.05 If final settlement of the event giving rise grievance is not reached at Step Four, then the grievance may be referred in writing by either Party to the grievanceArbitration as provided in Article 21, or at any time within twenty-one twenty (2120) calendar working days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a decision is received under Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysFour. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should 36.01 It is agreed that neither the Employer, its representatives and supervisors, nor the Union, will attempt to bring about the settlement of any contractual issue by means other than the grievance procedure. 36.02 A grievance is a dispute or difference or dispute arise between the City Employer and any the employee or group covered by this Bargaining Agreement, concerning the interpretation and/or application of employees with respect this contract. The following procedures shall apply to the interpretation or application administration of a specific and identified provision of all grievances filed under this Agreement, it will and shall be considered a grievance and must be resolved presented in accordance with the following proceduresteps outlined below: Step 1. If the Union, any 1 An employee or group of employees who believes that she/he has may have a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt notify his immediate supervisor(s) of the grievance. Any possible grievance not reduced to writing and submitted to the Department Head within twenty-one seven (217) calendar days of the event occurrence of the facts giving rise to the grievance. This notification shall be in writing, or and shall state the aggrieved employee's name, position, date of alleged grievance, and the portion of the Agreement in question giving rise to this grievance. The presentation of this grievance shall be in the employee's own hand. The supervisor will schedule an informal meeting within twenty-one seven (217) calendar days after the union or the affected employee(s) should have known receipt of the event giving rise to the grievance, shall with the employee, and his associate if requested by the employee, to discuss the issues in dispute with the objective of resolving the matter informally, with a written reply of the meeting to be considered abandonedgiven to the employee, the Union xxxxxxx, and the Employer. Step 2 If no satisfactory settlement is reached at the step 1, the grievance may be appealed to the Division Head, or other Employer designate, and the Local Union Staff Representative within seven (7) calendar days after receiving the reply of the step 1. The Department Head appeal shall hold a Step One hearing restate the grievance, and shall include proposed remedy sought by the aggrieved party. A step 2 answer, reduced to writing, will be given to the aggrieved party within twenty-one seven (217) calendar days of receipt of receiving the grievance. written appeal. Step 3 If the Step One hearing no satisfactory answer is not heldreached at step 2, the grievance shall may be resolved in favor of appealed to the grievant City Manager and the Union Staff Representative or Union. The Department Head shall issue a written answer their designated alternates within twenty-one seven (217) calendar days after the Step One hearing. If no answer reply is given rendered in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step step 2. The grievance appeal shall be presented reduced to writing, shall contain the original grievance and all subsequent answers/decisions, and be in person to the City Manageremployee's own hand. The City Manager or his/her designee A meeting will sign be held within 14 calendar days after the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employeeStep 2 reply. A copy of the grievance answer written reply will be supplied to the grievant or Union.issued as a result of this meeting within fourteen

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City 8:01 It is mutually agreed that complaints and any employee or group grievances of employees shall be adjusted as quickly as possible. Any employee having a complaint shall first advise their immediate supervisor that they wish to see a committee person. The employee may then refer the matter to their committee person, who will discuss such matters with respect the immediate Supervisor(s). Up to two (2) Union Officials may meet with the interpretation or application immediate Supervisor in an effort to reach a settlement. If a satisfactory settlement of a specific and identified provision of this Agreementthe complaint is not reached within two (2) working days, it will then the complaint may be considered filed as a grievance and must be resolved in accordance with under the following procedure: Step STEP 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved : Any employee or employees and the bargaining unit representative. The having a grievance shall sign a written grievance form and present the said grievance to a committee person who shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted present it to the Department Head Senior Manager - Facilities Services (or designate) within twenty-one five (215) calendar working days of after the event incident giving rise to the grievance became known to the employee. A meeting will be held with the Union within five (5) working days to discuss the grievance. The Senior Manager - Facilities Services (or designate) shall, or within twenty-one five (215) calendar working days after the union or the affected employee(s) should have known of the event giving rise meeting, deliver their written decision to the grievancegrievor and a copy thereof to the Chairperson and to the Local Union office. STEP 2: Failing settlement under Step 1, the grievance shall be considered abandonedpresented to the Superintendent of Human Resources (or designate) and a meeting shall be held between the Senior Manager - Facilities Services (or designate), Superintendent of Human Resources (or designate) and the Union, including the President of the local bargaining agent or designate, within five (5) working days. A decision shall be rendered by the Superintendent of Human Resources (or designate) within five (5) working days of such meeting. The Department Head shall hold written decision will be provided to the grievor and a copy thereof to the Chairperson and to the Local Union office. STEP 3: If a satisfactory settlement of the grievance is not reached under Step One hearing 2, the Union may, within twenty-one ten (2110) calendar working days of receipt of the grievance. If decision, request that the Step One hearing is not heldgrievance be submitted to arbitration as hereafter provided. 8:02 In addition to submitting the grievance to arbitration, the Union may submit a request to present the grievance to the Trustees for possible resolution. A meeting shall be resolved in favor held between the Trustees and the Union within thirty (30) days of the grievant or Union. request, if possible, to discuss the grievance. 8:03 The Department Head shall issue a written answer within twenty-one (21) calendar days after Board acknowledges the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor right of the grievant Union to present any policy grievance the alleged circumstances of which are originated through the interpretation, application or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt administration of the grievanceAgreement including any question as to whether a matter is arbitrable. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision Such grievances shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy start with Step 2 of the grievance answer will procedure. 8:04 Time limits mentioned in the grievance procedure may be supplied to extended by mutual written consent of the grievant parties. 8:05 Every meeting held after the filing of a grievance may be attended by the grievor (if requested by the Union), the President of the local bargaining agent or Uniondesignate, and the Superintendent of Human Resources or designate. There shall be an equal number of attendees for both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any 28.01 Where a difference or dispute arise arises between the City and any employee or group of employees with respect Parties hereto relating to the interpretation interpretation, application or application of a specific and identified provision administration of this Agreement, or where a question arises as to whether a matter is arbitrable or where an allegation is made that the Agreement has been violated or that the suspension, discharge, demotion, or discipline of an employee is without just cause, then such matter, hereinafter referred to as "the grievance”, shall be dealt with as set out below. 28.02 The Association shall appoint a Grievance Committee hereinafter referred to as “the Grievance Committee”, to be composed of three (3) members of the Association, and shall give the City written notice of the appointment of each such member and any change in the personnel of the Grievance Committee which may take place from time to time, as soon as it will be considered is made. 28.03 In the event that an employee coming within the 3888 Unit has a potential grievance, the employee shall, forthwith, bring the matter to the Grievance Committee. The Grievance Committee shall give due consideration to any matter brought to it by a member, and if they are satisfied that there is just cause for a grievance and must it shall be resolved in accordance with reduced to writing, setting out the following procedure: Step 1. If nature of the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requestedredress sought. The grievance shall then be reduced to writing and shall be signed by taken forward as follows: Step One Within fifteen (15) working days after the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event matter giving rise to the grievancegrievance first arose the grievance shall be filed with the Platoon Chief/Division Chief affected, or and a meeting shall be scheduled forthwith, to try to resolve the matter. The Platoon Chief/Division Chief shall render his/her decision in writing within twenty-one seven (217) calendar working days after from the union or the affected employee(s) should have known date of the event giving rise to meeting. Provided that, where the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days superior officer directly involved in the matter is the rank of receipt of the grievance. If the Step One hearing is not heldDivision Commander/Deputy Chief, the grievance shall be submitted to that Division Commander/Deputy Chief. Step Two In the event that the matter is not resolved in favor of at Step One, the grievant or Union. The Department Head shall issue a written answer Grievance Committee may, within twenty-one seven (217) calendar working days after the Step One hearingreceipt of said decision forward a copy of the grievance together with the decision to the Fire Chief. If no answer is given in the time limits set forth aboveUpon receipt of such copies, the grievance Fire Chief, or his designate shall be resolved confer forthwith with the Grievance Committee, and the employee involved, if required, and shall render his/her decision, in favor writing, within seven (7) working days from the date of the grievant meeting. Step Three In the event that the Fire Chief or the Union. This resolution shall set no precedence for future grievances. If the Union his designate does not timely appeal a grievance, it shall be considered abandoned. If provide redress satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager Grievance Committee, the Grievance Committee may within seven (7) working days after the receipt of the aforesaid written decision of the Fire Chief, or his designate, forward to the Director of Employee and Labour Relations, or his/her designee will sign designate, a copy of the grievance acknowledging receipt together with the decision of the grievance. The City Manager Fire Chief, or his/her designee will hold a hearing within twenty-one (21) calendar days of designate and upon receipt of such copies the grievance. The City Manager Director of Employee and Labour Relations or his/her designee will respond to designate, shall forthwith confer with the grievance Grievance Committee and shall advise the Grievance Committee in writing within twenty-one ten (2110) calendar working days after such of the said meeting. This decision Group Grievances 28.04 Where a grievance involves a group of employees, said grievance shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy filed at Step Two (2) of the grievance answer will be supplied to the grievant or UnionGrievance Procedure.

Appears in 2 contracts

Samples: Collective Agreement, Memorandum of Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between 16.1 For the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision purposes of this Agreement, it will be considered a grievance is a complaint which has been reduced to writing respecting the meaning and/or application of the provisions of this Agreement and all matters pertaining thereto. A grievance may concern a difference arising between an employee and the Employer or the Union and the Employer. 16.2 The Parties to this Agreement share a desire to adjust employee complaints as quickly as possible. An employee shall discuss his/her complaint with his/her immediate supervisor within ten (10) days of the occurrence giving rise to the complaint, where possible, so as to afford the supervisor an opportunity to resolve the complaint. In the case of complaints concerning harassment or discrimination, an employee shall discuss his/her complaint with the Manager, Human Rights and Workplace Equity, or designate. The employee may be accompanied by a representative of the Union when the complaint is being discussed with the supervisor, or Manager, Human Rights and Workplace Equity or designate. 16.3 It is agreed that an employee shall not file a grievance until he/she has discussed his/her complaint with his/her supervisor, or the Manager, Human Rights and Workplace Equity, or designate, in accordance with Clause 16.2. 16.4 When an employee has presented his/her complaint to his/her supervisor, or the Manager, Human Rights and Workplace Equity, or designate, and the complaint has not been resolved to his/her satisfaction within ten (10) days of the meeting, he/she may file a grievance with the Union Grievance Committee. The grievance must be resolved signed and dated by the employee within thirty (30) days of the day on which he/she was notified or became aware of the incident giving rise to the grievance or within ten (10) days of the receipt by him/her of his/her supervisor’s reply or the reply of the Manager, Human Rights and Workplace Equity, or designate, to his/her complaint, whichever shall last occur. 16.5 Where an employee has filed a grievance with the Union Grievance Committee, the Union may, within ten (10) days from the date thereof, present the grievance to the Director or designate, with a copy to both the appropriate Manager, Human Resource Services and the Director of Labour Relations. The Director with whom the grievance has been filed, or designate, shall meet with the grievor and the Union representative within ten (10) days from the day on which it was received and date-stamped by his/her office and shall, within ten (10) days from the meeting, render his/her decision in writing. 16.6 If the Director or designate: (i) fails to meet the grievor and the Union representative; or (ii) fails to render his/her decision to the grievor and the Union representative within the time prescribed in Clause 16.5, or (iii) The decision is not acceptable to the grievor and the Union representative; the Union Grievance Committee may forward a copy of the grievance to the General Manager or designate, with a copy to both the Manager, Human Resource Services and the Director of Labour Relations, within thirty (30) days from the day on which the grievance was received and date-stamped by the office of the Director or designate. 16.7 The General Manager or designate shall, within ten (10) days of the date the grievance was received and date-stamped in his/her office, meet with the grievor and the Union representative, and shall within ten (10) days of the meeting, notify the Union in writing of his/her decision with regard to the grievance. 16.8 In the event the decision of the General Manager or designate is not acceptable to the Union, the Union may notify the Director of Labour Relations of the Union’s desire to submit the grievance to arbitration for final disposition in accordance with the following procedure: Step 1. If the Unionprocedure for arbitration of grievances contained in this Agreement, any employee or group of employees believes that she/he has a grievance within ten (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (2110) calendar days of the event giving rise to receipt and date-stamp by the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known Union office of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysdecision. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 117.1 This grievance procedure is established for the purpose of resolving disputes involving the interpretation and/or application of this AGREEMENT. 17.2 Employees with a grievance may choose to be represented by the UNION. 17.3 The EMPLOYER will recognize UNION members selected by the UNION as the grievance representatives of the bargaining unit. Should any difference or The UNION shall notify the EMPLOYER in writing of the representative and of their successors when so named. 17.4 A grievance is defined as a dispute arise between the City and any employee or group of employees with respect to over the interpretation or application of a specific and identified provision of this Agreement, it will be considered a grievance and must AGREEMENT. 17.5 Grievances shall be resolved in accordance with the following proceduremanner: Step 1. If An Employee claiming a violation concerning the Unioninterpretation or application of this AGREEMENT shall within ten (10) business days after such alleged violation present such grievance in writing, any employee or group citing the portion of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requestedsuggested resolution to the employee’s immediate supervisor designated by the EMPLOYER. The EMPLOYER shall give a final answer in such Step 1 grievance within ten (10) business days. If a grievance is not resolved in Step 1, such grievance shall be reduced to placed in writing and shall be signed by the aggrieved employee or employees UNION and referred to Step 2, within ten (10) business days after the bargaining unit representativeEMPLOYER'S final answer in Step 1. Step 2. The written grievance shall be signed off on presented to the Minnetonka Chief of Police by the Department Head acknowledging UNION. The Chief of Police shall give the employee the EMPLOYER'S Step 2 answer within ten (10) business days after receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a such Step One hearing within twenty-one (21) calendar days of receipt of the 2 grievance. If the Step One hearing a grievance is not heldresolved in Step 2, the such grievance shall be resolved in favor of referred to Step 3 within ten (10) business days following the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the EMPLOYER'S final Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days2 answer. Step 23. The written grievance shall be presented in person to the City ManagerManager or another designated EMPLOYER representative by the UNION. The City Manager or his/her designee will sign other EMPLOYER representative shall give the grievance acknowledging EMPLOYER'S answer within fifteen (15) business days after receipt of the such Step 3 grievance. The City Manager or his/her designee will hold If a hearing grievance is not resolved in Step 3, such grievance shall be referred to Step 4 by the UNION within twenty-one ten (2110) calendar business days following the EMPLOYER'S final Step 3 answer. Step 4. Unresolved grievances are subject to the arbitration provisions of receipt of the grievanceMinnesota Statutes, Section 179A.21. The City Manager arbitrator shall have no right to amend, modify, nullify, ignore, add to, or his/her designee will respond subtract from the provision of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the grievance application of laws, rules or regulations having the force and effect of law. The arbitrator shall submit a decision in writing within twenty-one thirty (2130) calendar days after such meetingfollowing close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. This The decision shall be signed by based solely upon the City Manager arbitrator's interpretation or designee application of the express terms of this AGREEMENT and be final and binding except for demotion, termination or suspension of an employee. A copy on the facts of the grievance answer will presented. However, a grievance arbitration for written disciplinary action, discharge or termination shall include the arbitrator selection procedures established in Minnesota Statute 626.892. 17.6 All documents, communications and records dealing with a grievance shall be supplied filed separately from the personnel files of the involved employee(s). 17.7 Any grievance not referred in the prescribed manner by the UNION or the employee within the specified time limits stated for each grievance step shall be considered waived. 17.8 The time limits established in the article may be extended by mutual consent of the EMPLOYER and the UNION and shall be in writing. 17.9 All fees and expenses for the arbitrator's service and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be charged equally. 17.10 If, as a result of the written EMPLOYER's response in Step 3 the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of this Article or to another procedure such as Veterans Preference or fair employment. If appealed to any procedure other than Step 4 of this Article, the grievance shall not be subject to the grievant arbitration procedure provided in Step 4 of this Article. The aggrieved employee shall indicate in writing which procedure is to be used-Step 4 of this Article or Unionan alternative procedure-and shall sign a statement to the effect that the choice of an alternate procedure precludes the employee from making an appeal through Step 4 of this Article. The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between 7.01 The purpose of this Article is to provide the City and any employee or group sole method for the settlement of employees with respect to a grievance alleging the interpretation or application violation of a specific and identified provision of this Agreement, it will be considered agreement. Such a grievance shall be presented and must be resolved processed in accordance with the following procedure:steps, time limits and conditions herein set forth. Step 17.02 It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until the employee first discussed the complaint with the responsible supervisor. The complaint must be discussed with the supervisor within seven (7) days after the circumstances giving rise to it have occurred. Any complaint not presented within these seven (7) days shall be forfeited by the aggrieved employee. The Supervisor shall give his response verbally within five (5) days of receiving the employees complaint. STEP 1 If the Unioncomplaint is not settled as provided for above, any the employee or group may submit a written grievance to the Supervisor within five (5) days of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing receiving the specific contract clause violated and Supervisor's verbal response to the relief requestedcomplaint. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and shall identify the nature of the grievance, the specific provisions of the agreement which are alleged to have been violated and the bargaining unit representativeremedy sought. The supervisor will give a written response to the grievance within five (5) days following the day on which the grievance was presented by the employee. If the employee does not receive a decision within the time limits specified and the employee wishes to proceed with the grievance, he or she must submit the grievance at the next step. STEP 2 If the grievance is not settled, the Union must forward the grievance to the General Manager within five (5) days of the date of the supervisor's Step 1 response or the date the supervisor's Step 1 response should have been provided. A meeting will then be held between the General Manager and a Local Union Officer and/or National Representative of the Union. The employee and a Union committeeperson may also attend this meeting. This meeting shall be signed off on by held within seven (7) days of the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandonedat Step 2. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, Employer's written answer to the grievance shall be resolved in favor given within five (5) days following the date of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysthis meeting. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it will All grievances shall be considered a grievance and must be resolved handled in accordance with the following proceduremanner: Step 1. If Written Procedure to the UnionSuperintendent . An employee with a complaint shall discuss the matter with their immediate supervisor, any or designated representative, within fifteen (15) working days from the time of the occurrence of the events giving rise to the complaint or within fifteen (15) working days from the time the employee involved first knew or group could have known of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and facts giving rise to the relief requestedcomplaint. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees the xxxxxxx and shall indicate the bargaining unit representative. The written grievance section or sections of this Agreement in dispute and shall be signed off on by set forth the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event facts giving rise to the grievancecomplaint. A xxxxxxx may be present at this meeting, or within twenty-one (21) calendar days after if requested by the union or employee. A request for a xxxxxxx to participate in the affected employee(s) should have known discussion of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of made by the grievant employee to the immediate supervisor, or Uniondesignated representative, who shall make proper arrangements as soon as convenient. The Department Head shall issue immediate supervisor, or designated representative, will endeavor to give a written answer to the complaint within twenty-one five (215) calendar working days after of the Step One hearingdiscussion with the employee concerned. If no answer is given in the time limits set forth above, the grievance Every effort shall be resolved made to settle the complaint in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysthis manner. Step 2. The grievance Written Procedure to Committee comprised of Superintendent, AFSME Business Agent, Chief Xxxxxxx, Chapter Chairperson). If the complaint is not satisfactorily settled in the Step 1 Procedure, the complaint shall be presented submitted within seven (7) working days from the time of the superintendent’s or designee’s written answer in person to the City ManagerStep 1. The City Manager Superintendent, or his/her designee will sign designated representative, the grievance acknowledging receipt of employee involved, and the xxxxxxx, may discuss the grievance. The City Manager Superintendent or his/her designee will hold designated representative, shall place a hearing written disposition upon the grievance within twenty-one five (215) calendar working days of receipt of following the grievance. The City Manager or his/her designee will respond date the grievance was submitted at this step and return it to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employeexxxxxxx. A copy of the grievance answer will written disposition shall also be supplied provided to the grievant employee. Step 3 . Written Procedure to the Board of Education. If a grievance is not resolved in the Step 2 the grievance may be submitted to the Board by filing a written copy with the secretary or Unionother designee to the board within ten (10) working days after receipt of the Superintendent’s or designee’s written disposition in Step 2. The board no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other considerations as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference 19.1 A grievance shall be defined as a dispute or dispute arise complaint arising between the City parties hereto under this Agreement or the interpretation, application, performance or any alleged breach thereof, and any employee shall be processed and disposed of in the following manner: Step One: Within fourteen (14) calendar days (except as provided in Article 18.2), an Employee having a grievance and/or his/her Union representative or group of employees other representative shall take it up with respect the Employee's immediate supervisor. The Employer shall give its answer to the interpretation or application Employee and his/her Union representative, within five working days after the presentation of a specific and identified provision of this Agreement, it will be considered a the grievance and must be resolved in accordance with the following procedure: at Step 1. Step Two: If the Uniongrievance is not settled in Step One, any employee the grievance may within fourteen (14) calendar days after the answer in Step One, be presented in Step Two to the Vice-President of Human Resources or group of employees believes that shehis/he has a grievance (as defined in section one (1)her designee. When grievances are presented at Step Two, she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee grievant or employees and the bargaining unit representativehis/her Union Representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one Within seven (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (217) calendar days of receipt of the written grievance. If the Step One hearing is not held, the grievance Vice-President of Human Resources, and/or his/her designee shall be resolved in favor of meet with the grievant or Unionand his/her Union Representative(s). The Department Head shall issue a written answer within twenty-one Within ten (2110) calendar days after of such a meeting, the Employer shall respond in writing to the Step 2 grievance. Step Three: If the grievance is not settled in Step Two, the Union may submit the grievance to arbitration in accordance with article 20. 19.2 Failure on the part of the Employer to answer a grievance at any Step shall not be deemed acquiescence thereto, and the Union may proceed to the next Step. 19.3 Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step Two, within the time limits specified in this Article. In addition, a grievance which affects a substantial number or class of employees, or which the Employer representatives designated in Step One hearinglacks authority to settle, may initially be presented at Step Two by the Union. 19.4 All time limits herein specified shall be deemed to be exclusive of holidays except as noted. If no answer It is given the intent of the parties that all grievances shall be filed and processed promptly, but the time limits specified herein may be extended by mutual agreement of the parties in the writing (e-mail is an acceptable written format). The time limits set forth above, herein are substantive provisions and failure to comply with any such time limit by the grievance union shall be resolved in favor of a complete bar to any further action with respect to such grievance. 19.5 If an employee grieves any assignment, directive, rule, regulation or management determination which affects him/her, he/she shall obey the grievant assignment, directive, rule, regulation or management determination until a final decision has been made regarding the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by except where an employee has a reasonable belief that the Department Headenvironment posses a threat to their safety and health, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented a violation of their Nursing License or, in person the employee’s professional judgment, a danger to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionpatient.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should 13.1 Definition A grievance is defined as any difference complaint of an employee, employees, or dispute arise between the City and any employee Association involving the interpretation, application, or group of employees with respect to the interpretation or application of a specific and identified provision alleged violation of this Agreement. It is the intent of the parties to equitably resolve grievances at the lowest possible administrative level. It is the intention of the parties to encourage as informal and confidential an atmosphere as is possible in the resolution of the grievance. 13.2 Days For the purpose of this Article, it will shall be considered a defined as all those days that the District Office is open for the conduct of normal business. 13.3 Step One An aggrieved employee should present directly his/her grievance and must be resolved in accordance with the following procedure: Step 1. If the Union, any employee or group of employees believes that sheto his/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requestedher immediate supervisor. The grievance shall be reduced submitted orally. If the grievance is not satisfactorily adjusted informally, the grievance may proceed to writing and shall be signed by the Step Two. 13.4 Step Two An aggrieved employee should present directly, or employees and through his/her job representative, his/her grievance to his/her immediate supervisor in writing within ten (10) days of the bargaining unit representativeoccurrence, or when the employee could reasonably be expected to have knowledge of the occurrence. The written grievance immediate supervisor shall be signed off on by respond in writing within five (5) working days of the Department Head acknowledging receipt submission of the grievance. Any Beginning at Step Two of the grievance procedure, the grievant may elect to represent himself/herself rather than have CSEA provide representation. If the grievant elects to represent himself/herself at this step, or at any later step, the Association shall be relieved of any further obligation of representation. The employee shall state his/her intention of self representation in writing. 13.5 Step Three If the grievance is not reduced to satisfactorily adjusted at Step Two, the grievant, or the Association, may submit the grievance in writing and submitted to the Department Head District Superintendent within twenty-one five (215) calendar working days of the event giving rise to receipt of the grievanceresponse in Step Two, or within twenty-five (5) working days after a lack of response in Step Two. Within five (5) working days of the receipt of the grievance at Step Three, the Superintendent or designee will meet with the grievant in an attempt to resolve the grievance. Within ten (10) days or less after this meeting the Superintendent or designee shall respond in writing to the grievant and the Association. 13.6 Mediation Step (Step Four) If the grievance is not satisfactorily adjusted at Step Three, the Association may request that the matter be heard in Mediation. A mediator from the State Mediation and Conciliation Service shall hear the grievance in an attempt to resolve the matter. 13.7 Step Five If the grievance is not satisfactorily adjusted in Step Four, the Association shall submit the grievance in writing to an arbitrator chosen jointly by the District and the Association. If parties cannot jointly agree on an arbitrator within ten (10) days, the State Mediation Service shall be requested to furnish a list. The parties may jointly select or each party strikes until one name remains. The costs of the arbitrator shall be jointly shared. All other costs shall be borne by the party incurring the cost. The decision of the arbitrator shall be made in not more than thirty (2130) calendar days after the union or the affected employee(s) should have known conclusion of the event giving rise to the grievance, hearing and shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination on the parties. The arbitrator may not amend or suspension of an employee. A copy change the language of the grievance answer will contract in rendering a decision. 13.8 Each of the formal requirements and time limitations stated herein for the processing and determination of grievances shall be supplied to strictly adhered to; provided, however, that any such time limits may be extended by the grievant or Unionexpress mutual agreement of both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 11 The grievance procedure may be used by any employee in the bargaining unit. Should any difference or A grievance is defined as a dispute arise between the City and any an employee or group of employees may have with respect the Board relating to the interpretation misinterpretation, misapplication or application alleged violation of the express terms of the Agreement, or the discipline or discharge of an employee. A grievance from a specific group of employees must have arisen out of identical factual circumstances affecting each member of said group to constitute a group grievance. The union shall select one spokesperson to represent employees who have signed a group grievance at steps A-C of the grievance procedure. Section 2 Employees and identified provision groups of employees have the right to present grievances and have them adjusted without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of this Agreement, it will and as long as a representative of the Union has the opportunity to be considered present at the adjustment. Section 3 An employee who has a grievance shall have the right to a union xxxxxxx, union field representative, and must union officer at the grievance hearing at any step of the grievance procedure. In group grievances, the individual selected to act as spokesperson, the xxxxxxx and president or his designee shall have the right to be resolved present at all hearings. The Board shall be represented by the individual hearing the grievance, the principal if he/she is involved in accordance with the following grievance and the appropriate director. Other employees and witnesses for the union and/or the Board affected by the group grievance shall only be present at grievance hearings if called upon to provide information pertaining to the grievance and shall only be present while providing information. The union field representative and/or Board Legal Counsel shall also have the right to be present at any hearing through the grievance procedure: Step 1. If Additional persons may be asked to be present at any grievance hearing by mutual agreement between the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall Board’s representative directly involved at that step. Section 4 A hearing will be reduced held prior to writing the Administrator’s decision at Steps A, B, and shall be signed C, unless waived, in writing, by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or and/or the Union. This resolution All grievances pertaining to employee discipline shall set no precedence for future grievances. If the Union does not timely appeal a grievancestart at Step B. Section 5 The word “days” when used in this Article shall mean workdays except Section 8, it Step C shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) mean calendar days. Section 6 An xxxxxxx effort shall be made to adjust grievances promptly in the following manner and order: Step 2A - Supervisor Any employee having a grievance must reduce the grievance to writing on a form provided by the union. The form shall specify the provisions of the Collective Bargaining Agreement, which are alleged to have been violated, misinterpreted or misapplied. The grievance shall must then be presented in person by the employee, together with the xxxxxxx of the union if he wishes, to the City Managerappropriate supervisor within ten (10) working days. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold appropriate supervisor shall render a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance decision in writing within twenty-one ten (2110) calendar working days. If a formal hearing is held, the appropriate supervisor shall communicate the decision in writing to the employee within ten (10) working days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to conclusion of the grievant or Unionhearing.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. Section 1. Should 24.01 A grievance is a complaint involving the interpretation or application of any difference of the provisions of this Agreement or dispute arise between the City and any a complaint that an employee or group of employees with respect to for whom the interpretation Union is bargaining agent has, in any manner, been unfairly treated. When an employee has a complaint he or application of a specific and identified provision of this Agreement, it will be considered a she may first consult his or her immediate supervisor. If the complaint is not resolved he or she may then follow the grievance and must be resolved in accordance with the following procedureprocedure outlined below: Step 1: The Union shall present the grievance to the employee’s Second Line Supervisor. The grievance will be processed and a decision rendered within ten (10) working days of presentation by the Union to the employee’s Second Line Supervisor unless the time period is extended by mutual consent. At the Union’s option, the employee involved may attend whatever Step 1 meetings are conducted, if the Union gives twenty-four (24) hours’ notice to the Supervisor who is conducting the meeting. If the grievance involves a discharge, the Union may omit Step 1 and submit the grievance directly to Step 2. Step 2: The Union may next present appeal to the Director Level or a designated Second Level Manager. Grievances so appealed will be processed and a written decision rendered within ten (10) working days of receipt of appeal unless the time period is extended by mutual consent. At the Union’s option, any the employee involved may attend whatever Step 2 meeting is conducted, if the Union gives twenty-four (24) hours’ notice to the Company representative who is conducting the meeting. Step 3: The Union may next present appeal for adjustment to the Chairperson of the Bargaining Committee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit designated representative. The Grievances so appealed will be processed and a written grievance shall be signed off on by the Department Head acknowledging decision rendered within fifteen (15) working days of receipt of appeal unless the grievancetime period is extended by mutual consent. Any grievance not reduced to writing At the Union’s option in discharge and submitted suspension cases, the employee may attend whatever Step 3 hearing is conducted, if the Union gives written notice to the Department Head Labor Director at least ten (10) days prior to such hearing. 24.02 Grievances must be presented initially within twenty-one thirty (2130) calendar days of the event giving occurrence which gave rise to the grievance. Notification of appeal shall be in writing at Steps 2 and 3 and shall set forth the act or occurrence grieved, the name or names of employees aggrieved where practical, the contract provision alleged to have been violated, if any, and the remedy requested. The specification of additional contract provisions alleged to have been violated may be made in subsequent appeals up to the 3rd Step of the grievance procedure. Written appeal must be received by the Company representative designated and authorized to handle grievances at Steps 2 and 3 within twenty-one ten (2110) calendar days after days 24.03 Disposition of any grievance not appealed within the union or the affected employee(s) should have known of the event giving rise to the grievance, specified time limits shall be considered abandonedfinal. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt Failure of the grievance. If Company to process a grievance and render a decision within the Step One hearing is not held, specified time limit entitles the Union to appeal it to the next step of the grievance shall procedure. 24.04 Employees may review at reasonable times their own personnel records, only those personnel records of their own that are maintained by their immediate supervisor. Upon the employee’s specific written request such personnel records may be resolved in favor reviewed by a Union Representative. 24.05 Once a Union representative has notified a Company representative of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall the Company will not discuss the matter with the individual employee or employees involved without first affording a representative of the Union an opportunity to be considered abandoned. If satisfactory disposition present, at a time and place mutually agreeable to the Union and the Company. 24.06 The Company recognizes the right of the Union to make a reasonable investigation of the circumstances surrounding any grievance and agrees to cooperate with the Union in such investigation. 24.07 Any individual employee or a group of employees may present grievances to the Company at any time and such grievances may be adjusted without the intervention of the Union as long as the adjustment is not made by inconsistent with the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt terms of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of collective bargaining agreement, provided that the grievance. The City Manager or his/her designee will respond Union has been given an opportunity to the grievance in writing within twenty-one (21) calendar days after be present at such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionadjustment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 19:01 It is the mutual desire of the parties that grievances of employees shall be addressed as quickly as possible. Should any difference or dispute arise between the City and If any employee or group has a grievance, she will first discuss it with her Supervisor within five (5) days of employees with respect the events giving rise to the interpretation or application concern. Failing settlement at the discussion stage, and given that there has been a violation of the Collective Agreement, the employee shall proceed with a specific written grievance provided it is presented within five (5) days following the Supervisor’s decision. All grievances shall be dealt with and identified provision disposed of as hereinafter provided. An employee has the right to be accompanied by a Union Representative at any stage of this Agreement, it grievance procedure. The Employer will be considered a grievance and must be resolved in accordance with advise the following procedure:employee of this right. Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. 1 The grievance shall be reduced to submitted in writing and shall be he signed by the aggrieved employee or employees and directly involved and/or by the bargaining unit representativedesignated Union Representative. The written employee shall, together with their Union Representative present their grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head Supervisor within twenty-one five (215) calendar working days of the event giving rise to discussion of the grievance, or within twenty-one complaint. The Employer shall deal with the grievance and render a decision in writing no later than five (215) calendar working days after the union grievance has been received. Step 2 If the grievance is not settled, the Union Committee may refer the grievance to the Executive Director or designate within five (5) working days after the affected employee(scompletion of Step 1. A meeting then shall he arranged with the Executive Director or designate, grievor and the Union Committee. A decision shall he rendered in writing within five (5) should have known working days of the event giving rise to meeting. Step 3 If the grievancegrievance is not settled, the Union Representative and the Head Office Designate will meet within five (5) working days after the completion of Step 2. A decision shall be considered abandonedrendered in writing five (5) working days after the meeting. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of time limits set out in this Article are to be construed as mandatory unless the grievanceparties mutually agree in writing to waive time limits. If the Step One hearing a grievance is not heldsubmitted or advanced from one step to another within the time limits set out, the grievance shall be resolved in favor of the grievant deemed to be abandoned and all rights or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond recourse to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision procedure shall be signed by at an end. 9:02 The Employer shall not discharge or suspend any employee who has completed his or her probationary period without just cause. In the City Manager event an employee who has completed his or designee and her probationary period grieves a discharge, such grievance may be final and binding except for demotion, termination or suspension of an employee. A copy submitted at Step 2 of the grievance answer will be supplied to procedure within two (2) days of the grievant or Unionevent being grieved.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 113.01 The purpose of this Article is to establish a procedure for the settlement of grievances. Should A grievance is any difference complaint, dispute, or dispute arise controversy between an employee or the City Union and the Company relating to the interpretation, application, administration or alleged violation of this Agreement and any employee or group of employees with respect question as to the interpretation or application of whether a specific and identified provision of this Agreement, it will matter is arbitrable. 13.02 The grievance procedure shall be considered a grievance and must be resolved in accordance with the following procedureas follows: Step 1. If 1 An employee will first discuss his complaints with his immediate Supervisor or Designate Supervisor, and if not satisfactorily resolved, the Unionemployee's complaints relating to the interpretation, any application, administration or alleged violation of this Agreement shall be reduced to writing by the employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing and his committeeperson on the specific contract clause form provided for this purpose setting forth the Agreement provisions which it is claimed were violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing , and submitted to the Department Head employee's immediate Supervisor within twenty-one three (213) calendar working days after the occurrence of the event facts giving rise to the grievance, or within twenty-one . The employee will be represented by their committeeperson at any meeting with the Supervisor. Within three (213) calendar working days after the union written grievance is submitted the Supervisor shall deliver their written decision to the committeeperson. Step 2 If the grievance is not resolved in Step 1 then a written notice of appeal on the form provided shall be delivered by the committeeperson to the Plant Manager or the affected employee(shis designate within five (5) should have known working days of delivery of the event giving rise Supervisor's written decision. A meeting will take place within two (2) working days of delivery of the notice with the employee, committeeperson, chairperson and the Company. The Union National Representative and/or President of the Local may be in attendance at this meeting. The Company will render its decision in writing within five (5) working days of the meeting. The above-mentioned grievance procedure shall apply to "group grievances" and "Union and Company policy grievances". If the grievance is not resolved in Step 2, then the Union may demand arbitration pursuant to paragraph 14.00 of this Agreement. 13.03 If any grievance involves more than three (3) employees, the committeeperson will present the grievance to the grievance, Supervisor by completing the form provided for grievances at Step 1 and delivering it to the Supervisor. 13.04 Any time limitation specified in the paragraphs may be extended by mutual agreement of the parties set forth in writing only. Any complaint or grievance not filed or not appealed to the next step within the time permitted by this Agreement shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt settled on the basis of the grievancelast decision and shall not be subject to further consideration. If the Step One hearing is not heldCompany fails to respond within the time limits, the grievance shall be resolved in favor of will advance to the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar daysnext step. Step 213.05 The Union shall have the right to have the Chairperson and the Committeeperson involved at grievance hearings. The grievance hearings will be scheduled, when necessary, every second Thursday at 10:00 a.m. The Union will provide a list of grievances they wish to discuss in advance. These meetings shall be presented in person addition to the City Manager. The City Manager or his/her designee will sign meetings referred to in the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionprocedure above.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between The Company and the City Union agree that the Grievance Procedure contained herein is adequate to provide a fair and any employee or group final determination of employees with respect to all grievances arising under the interpretation or application of a specific and identified provision terms of this Agreement; that this procedure shall be used to adjust any such complaints or grievances; and that both parties shall expedite such settlement. Step 1 Any employee who believes that he/she has a justifiable complaint shall within thirty (30) days of the incident discuss the complaint with his/her Supervisor, with or without the Grievance Committee-person being present, as the employee may elect, in an attempt to settle same. However, any such employee may instead, if he/she desires, report the matter directly to his/her Committee-person, if he/she believes the request or complaint merits discussion, shall take it will be considered a grievance and must be resolved in accordance up with the following procedure: employee’s Supervisor in a sincere effort to resolve the problem. The Supervisor shall have authority to settle the complaint. The Grievance Committee-person shall have authority to settle, withdraw, or refer the complaint as provided below. The settlement of a complaint in Step 11 shall be without prejudice to the position of either party and will not set a precedent in any other grievance, past, present or future. If the Unioncomplaint is not settled in Step 1, any employee or group the Grievance Committee-person can refer it to Step 2 by completing a written grievance form within three (3) days of employees believes that she/he has the Supervisor’s oral response. Step 2 In order to be considered further, a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed filed by the aggrieved employee or employees and Union with the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head Human Resources Manager, within twenty-one ten (2110) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the written grievance, by proper notation on such written grievance. If The second step meeting shall include the Step One hearing is not held, grievant and three other Union representatives of the grievance Union’s choice. The Company will be represented by the Human Resources Manager or his/her representative and any additional members of supervision who are required to obtain a full disclosure of the facts. Either party may call additional witnesses who are employees of the Company and their attendance shall be resolved in favor of limited to the grievant or Uniontime required for their testimony. The Department Head Grievances discussed at Step 2 shall issue a written answer be answered by the Human Resources Manager, which shall be given to the Grievance Committee within twenty-one fifteen (2115) calendar days after the date of the Step One hearing2 meeting unless a different date is mutually agreed upon. If no answer is given in The Human Resources Manager shall have the time limits set forth aboveauthority to settle any grievance before him/her. The Chairperson of the Grievance Committee shall have authority to settle, withdraw, or recommend for appeal to Step 3 of the Grievance Procedure, any grievance before the Grievance Committee. Step 3 In order for a grievance to be considered further, written notice of appeal shall be served to the Human Resources Manager, within fifteen (15) days after receipt of the Step 2 answer, by the representative of the International Union. Discussion of the appealed grievance shall be resolved in favor take place at the earliest date of mutual convenience following receipt of the grievant or notice of appeal, but not later than thirty (30) days thereafter unless either party shall request in writing, with reasons therefore, that the Unionmeeting take place at a later date. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it Grievances discussed in such meeting shall be considered abandoned. If satisfactory disposition is not made answered, in writing, by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Human Resource Manager or his/her designee will sign within fifteen (15) days after the grievance acknowledging receipt date of such meeting unless by mutual agreement a different date for disposition is agreed upon. Such written answer shall contain a concise summary of each representative’s contractual analysis of the issues presented by the grievance; the Company’s answer, and shall form a part of the written grievance. The City Human Resources Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the Company shall have authority to settle the grievance. The City Manager designated representative of the International Union shall have authority to settle, withdraw, or his/her designee will respond to appeal the grievance in writing within twenty-one (21) calendar days after such meetingto Arbitration. This decision shall be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employee. A copy The designated representative of the International Union may by written notice served on the designated representative of the Company within thirty (30) days from receipt of the Company’s Step 3 response, appeal the grievance answer will be supplied to the grievant or UnionArbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement (Synalloy Corp), Collective Bargaining Agreement (Synalloy Corp)

GRIEVANCE PROCEDURE. Section 1. Should 6.01 An employee shall have the right to grieve any difference complaint arising from the application, interpretation, administration or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision alleged violation of this Agreement, it will be considered . It is understood that nothing contained in this Article is intended to preclude the informal discussion and review of employee concerns or complaints between employees and members of management. No employee shall have a grievance and must be resolved in accordance until the employee, with the following procedure:assistance of a Union representative if so desired, has given his or her immediate supervisor an opportunity to resolve the complaint. Step 1. If 6.02 It is the Union, any employee or group mutual desire of the parties hereto that grievances of employees believes be adjusted as quickly as possible and it is understood that she/he if an employee has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by discussed with his or her supervisor within thirty (30) days of when the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person circumstances giving rise to the City Manager. The City Manager grievance were known or his/her designee will sign should reasonably have been known to the grievance acknowledging receipt grievor in order to give the supervisor an opportunity of adjusting the grievance. The City Manager or his/her designee will hold a hearing discussion shall be between the employee and/or the Union xxxxxxx and the supervisor, but the supervisor may elect to have the assistance of another person. The supervisor’s response to the grievance shall be given within twenty-one seven (217) calendar days after such discussion. 6.03 Failing settlement, the grievance may be taken up in the following manner and sequence provided it is presented within fifteen (15) days of the supervisor’s reply to the grievance: The Union shall present the grievance in writing signed by the employee, in the case of an individual grievance, to the Editor-in-Chief, or designate, setting forth the nature of the grievance, and the remedy sought. The Editor-in-Chief or designate shall arrange a meeting with the Union within seven (7) days of the receipt of the grievance at which the grievor, in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. The City Manager Editor-in-Chief or his/her designee designate may have such assistance at the meeting as is considered necessary. The Editor-in-Chief or designate will respond give the Union a decision in writing within seven (7) days following the meeting with a copy to the grievor. 6.04 In the event the grievance has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to the Employer within thirty (30) days of the date of the decision from the Editor-in-Chief or designate, be referred to arbitration as hereinafter provided. 6.05 Any matter so referred to arbitration, including any question as to whether a matter is arbitrable, shall be heard by an independent arbitrator. The notice of the party referring the decision to arbitration shall contain the names of three (3) neutral persons, any one of whom it is prepared to accept as Arbitrator. The recipient of the notice shall within fourteen (14) days advise the other party of either its acceptance of one of the proposed persons as the Arbitrator or shall suggest the names of other neutral persons it proposes to act as Arbitrator. If the recipient of the notice fails to respond, or if the two (2) parties fail to agree upon a neutral person to act as Arbitrator, within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitrator shall hear and determine the matter and shall issue a decision. The decision shall be final and binding upon the parties and upon any employee affected by it. 6.06 Either party may, in the correspondence contemplated under Article 6.05 notify the other party of its suggestion to proceed before a Board of Arbitration. Provided both parties agree, an Arbitrator selected in accordance with articles 6.05 shall be appointed as chair of the Arbitration Board. Each party shall be responsible for naming its own nominee to the Arbitration Board and will advise the other party and the Chair of the name of its nominee ten (10) days prior to the date scheduled for the hearing. Where the parties have agreed to a Board of Arbitration, references in this Article to Arbitrator will be read to mean Arbitration Board, where appropriate. 6.07 The Arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Agreement, nor to make any decision inconsistent therewith. Any individual who is selected as an Arbitrator cannot at any time have been involved in attempting to solve the grievance or been involved in any way in the negotiation of this collective agreement. 6.08 The Employer and the Union shall each pay one-half (1/2) of the remuneration and expenses of the Arbitrator and if a Board of Arbitration is agreed to, each party shall pay the remuneration and expenses of its nominee. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its expressed consent. 6.09 It is agreed that the time limits set out with respect to grievances and arbitrations are mandatory. The time limits imposed upon either party of any step in the Grievance Procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. 6.10 Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, he or she may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. 6.11 The Employer shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within thirty (30) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Employer. Failing settlement, a meeting will be held with the Union within seven (7) days of the presentation of the grievance and the Union shall give the Employer its written reply to the grievance in writing within twenty-one seven (217) calendar days after such following the meeting. This decision Failing settlement, such grievance may be referred to arbitration under this Article within thirty (30) days of the date the Employer received the Union’s reply. 6.12 The Union shall have the right to file a grievance in writing with the Editor-in-Chief within thirty (30) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within seven (7) days of the presentation of the grievance and the Employer shall give the Union its written reply to the grievance in seven (7) days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within thirty (30) days of the date the Union received the Employer’s reply. The Union shall not have the right to initiate an individual grievance and such grievances shall be signed initiated by the City Manager or designee and be final and binding except for demotion, termination or suspension employee concerned. This restriction shall not apply to a grievance involving the discharge of an employee. A copy For the purpose of this Agreement, ‘individual grievance’ means a grievance that requests a remedy for an individual employee and does not arise out of the interpretation, application or alleged violation of an Editor-in-Chief department wide policy affecting bargaining unit employees generally. 6.13 Policy grievances and grievances involving the discharge or discipline of an employee may be submitted at Step 2 of the Grievance Procedure. 6.14 If two (2) or more employees have the same individual grievance answer will arising out of the same circumstances and based on the same incident, such grievances may be supplied to combined and treated as a group grievance. 6.15 For the grievant purpose of this Agreement, ‘day’ means a calendar day and ‘grievance’ means a complaint arising from the interpretation, application, administration or Unionalleged violation of the Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any A grievance is defined as an employee or group employees' claim(s) against the Employer arising out of employees with respect to the interpretation or and application of specific provisions of the Agreement or discipline exceeding a specific and identified provision three (3) day suspension. Section 2. The steps toward settlement of this Agreement, it will be considered a grievance and must shall be resolved in accordance with the following procedureas follows: Step 1. If An employee, with the assistance of the Union, shall discuss any employee alleged violation with the employee's supervisor within five (5) working days following its occurrence (or group the date when he/she should have had knowledge of employees believes that she/he has a grievance (as defined its occurrence) in section one (1), she/he shall first cite in writing an effort to resolve the specific contract clause violated and the relief requestedproblem. The grievance supervisor shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one respond orally no later than five (215) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar working days after the union or the affected employee(s) should have known of the event giving rise initial discussion. The only exception to the grievance, use of Step 1 shall be considered abandonedin a situation where the immediate supervisor is the elected official or department head. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not heldIn such cases, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the skip Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days1 and begin at Step 2. Step 2. The If the Step 1 response fails to resolve the matter, the aggrieved employee, with the assistance of the Union, shall present the grievance shall be presented in person writing, citing specific provisions of the Agreement allegedly violated, to the City Manager. The City Manager elected official or his/her designee will sign the grievance acknowledging department head five (5) working days following receipt of the grievanceStep 1 response. The City Manager On or his/her designee will hold a hearing within twenty-one (21) calendar days of before the fifth working day following receipt of the written grievance, the appropriate official will answer the grievance in writing. Step 3. If the official's answer in Step 2 fails to resolve the grievance, upon recommendation of the aggrieved employee, the Union shall refer the grievance to the Employer's Human Resources Director within five (5) working days following the receipt of the Step 2 answer. Within fifteen (15) working days following the HR Director’s receipt of the written grievance, both a meeting shall have been held between the HR Director and a representative of the Union (and if desired, the grievant), and the HR Director shall have answered the grievance in writing. A copy of such response shall be mailed to the AFSCME Iowa Council 61 representative. The City Manager or his/her designee will respond HR Director and the Union shall cooperate in the scheduling of their meeting so that the same may precede the deadline for the HR Director to issue a final answer by a minimum of seven (7) full working days. The Union's International Representative and/or Council Representative may attend and participate in all matters pertaining to the grievance at Step 3 and beyond. At any step of the grievance procedure the parties may mutually agree to request the services of a grievance mediator to assist in the resolution of the grievance. Section 3. If a grievance is not presented within any of the time limits specified in this Article, it shall be waived and the Employer's last answer shall be final and binding. Section 4. Any grievance not settled to the satisfaction of the Union in Step 3 of the grievance procedure may be appealed to arbitration, providing the appeal to arbitration is in writing to the other party. An employee may not appeal to arbitration without the approval of the Union. This appeal must be made within twenty-one ten (2110) calendar working days after such meetingthe Section 5. This decision After either party has notified the other of its referral of a grievance to arbitration, the parties shall meet/have a phone discussion no later than 25 working days after notification to select an arbitrator or to request a list of five (5) arbitrators from either the Iowa Public Employment Relations Board or the Federal Mediation and Conciliation Service. The Employer and the Union shall meet/have a phone discussion no later than 20 working days after receipt of said list and strike four (4) names from the submitted list with the person whose name remains to become the arbitrator. Provided, however, the Union and the Employer may mutually agree that the list of proposed arbitrators is unacceptable and jointly petition for a new list of five (5) arbitrators. The Union shall make the first strike on the list. Section 6. The arbitrator shall conduct a hearing on the grievance within a reasonable time and shall be signed empowered to rule on all disputes. However, he shall have no power to change or amend the terms, conditions or applications of this Agreement or any other agreement made supplementary hereto. The decision reached by the City Manager or designee and arbitrator shall be final and binding except upon the parties. Unless otherwise agreed to by the Employer and the Union, the decision of the arbitrator and the findings upon which it is based shall be in writing and the copies thereof presented to each party within thirty (30) calendar days from the date the hearing terminates. Section 7. The fees and expenses of the arbitrator will be shared equally by the parties. Each party shall pay its own cost of preparation and presentation for demotion, termination or suspension arbitration. No stenographic transcript of an employeethe arbitration hearing shall be made unless requested by a party. A The cost of stenographic reporting of the hearing shall be borne by the party requesting the same. Such cost shall include a copy of the grievance answer will be supplied to transcript for the grievant arbitrator and the non-requesting party should either or Unionboth of them desire the same.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. Should 7.1 For the purpose of this Agreement a grievance is defined as any dispute or difference or dispute arise arising between the City and any employee or group of employees with respect parties as to the interpretation interpretation, application or application of a specific and identified provision administration of this Agreement, it will Agreement and shall be considered a grievance and must be resolved in accordance with proper subject matter for grievance. It is mutually agreed between the following procedure: Step 1. If parties that the Union, any employee or group complaints of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by presented within five (5) working days from the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt date of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event occurrence giving rise to the grievancecomplaint, or within twenty-one (21) calendar days after from the union or date they became aware of the affected occurrence and shall be adjusted as informally as possible. If an employee has any complaint he shall confer personally with his immediate supervisor and have his xxxxxxx present. The immediate supervisor and the employee(s) should have known with his xxxxxxx will co-operate in making this informal complaint procedure effective in the clarification of the event giving rise to the grievancemisunderstanding, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievancecomplaints and redress sought. If the Step One hearing complaint is not heldresolved within five (5) working days it may be referred to Step 2 of the Grievance Procedure. Failing satisfactory settlement in Step #1, the grievance Union, through a shop xxxxxxx, shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign the grievance acknowledging receipt of the grievance. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt of the grievance. The City Manager or his/her designee will respond to file the grievance in writing within twenty-one five (215) calendar working days to the Department Head setting forth the particulars of the grievance, the redress sought and, where possible, the article or clause of the Agreement violated. The shop xxxxxxx shall be advised of the decision in writing within five (5) working days after receiving the written grievance. Failing satisfactory settlement in Step #2, the Union Grievance Committee shall advise the Township Administrator within ten (10) working days that the Union wishes to proceed to Step #4, setting forth the particulars of the grievance, the redress sought and, where possible, the article or clause of the Agreement violated. The Employer shall, within five (5) working days, arrange a meeting with the Union Committee and the griever to discuss the grievance and if possible resolve the issue. The Union Committee shall be advised of the Employer’s decision in writing within five (5) working days after receiving the written grievance. Failing a satisfactory settlement and providing that the grievance procedure has been properly observed, the Union Committee may, within fifteen (15) working days, refer the matter to arbitration as provided in Article 8. 7.2 The time limits as set throughout the Grievance Procedure and Arbitration Procedure may be extended only by mutual consent in writing. 7.3 A Union policy grievance which is defined as an alleged violation of this Agreement arising directly between the employer and the Union shall be originated at Step #3 and the time limit set out with respect to the step shall appropriately apply. A dispute, which is properly a matter between an individual employee and an employer, shall not be processed as a policy grievance. In clarification, matters involving individual seniority rights or disciplinary matters are issues which do not arise directly between the Employer and Union 7.4 The Employer may enter a grievance against the Union by filing proper notification in writing addressed to the Union Secretary within ten (10) working days from the date of the occurrence giving rise to the complaint or from the day they became aware of the occurrence. The Employer shall be advised of the Union decision, in writing, within ten (10) working days after receiving the written grievance. Failing a satisfactory settlement, the Employer may, within fifteen (15) working days, refer the matter to arbitration as provided in Article 8. 7.5 An employee considered by the Union to be discharged or suspended contrary to the terms within the Collective Agreement shall be entitled to a hearing at Step #3 of the Grievance Procedure. Steps #1 and #2 of the Grievance Procedures shall be omitted in such meetingcases. 7.6 The parties may agree to participate in a process of grievance mediation prior to either party filing the matter to Arbitration. This decision shall process is not binding and either party may reserve the right to proceed to Arbitration if a satisfactory resolution is not reached. Should the parties move forward with mediation the timeline to forward the matter to Arbitration will be signed by the City Manager or designee and be final and binding except for demotion, termination or suspension of an employeeextended. A copy list of the grievance answer mutually agreed upon mediators will be supplied selected by their first available date. List attached to the grievant or Union.Collective Agreement in Appendix “B.”

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should 6.01 A grievance is defined to be any difference or dispute arise between the City parties or between an employee and any employee or group of employees with respect the Employer, relating to the interpretation interpretation, application or application of a specific and identified provision administration of this Agreementagreement. 6.02 It is of the utmost importance to adjust grievances as quickly as possible. To be considered, a grievance must be presented within ten (10) days from when the circumstances giving rise to it will occurred or originated. The time limit, in this Article may be considered extended by mutual written agreement. Saturdays, Sundays and Holidays are excluded from the time limits in this Article. Step 1 An employee having a complaint should discuss it with the Deputy Fire Chief first, accompanied by his Union Xxxxxxx or a Union Grievance Committee member. If no settlement is reached, the matter may be formalized as a grievance and must be resolved in accordance dealt with the following procedure:as follows; Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) calendar days after the union or the affected employee(s) should have known of the event giving rise to the grievance, shall be considered abandoned. The Department Head shall hold a Step One hearing within twenty-one (21) calendar days of receipt of the grievance. If the Step One hearing is not held, the grievance shall be resolved in favor of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth above, the grievance shall be resolved in favor of the grievant or the Union. This resolution shall set no precedence for future grievances. If the Union does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Department Head, then within twenty-one (21) calendar days. Step 2. 2 The grievance shall be presented in person writing by the grievor and his Union Xxxxxxx or a Union Grievance Committee member, to the Fire Chief who shall render his decision in writing, within TEN (10) days from such presentation. If no settlement is reached, then; Step 3 Within five (5) days from receipt of the decision at Step 2, the Union shall submit the grievance to the City ManagerManager who shall meet with the Union Grievance Committee, the following month of the grievance, on a date mutually agreed upon, to consider Step 3 grievances. The Union shall have the right, at any time during the Grievance process, to have the assistance of a representative of the Local Union. The City Manager or his/her designee will sign render his decision in writing within ten (10) days from such meeting. 6.03 If no settlement is reached at Step 3, the grievance acknowledging matter may be referred in writing by either party to arbitration within thirty (30) days from receipt of the grievancedecision at Step 3. 6.04 A grievance on behalf of more than one (1) employee may be presented directly at Step 2, listing the names of the grievors. A policy grievance initiated by the Union, shall be submitted in writing, commencing at Step 3 of the grievance procedure, within fifteen (15) days from where the circumstances giving rise to it occurred or originated. The City Manager time limits may be extended by mutual agreement. A policy grievance will confine itself to matters relating to the interpretation, administration, application or his/her designee will hold a hearing within twenty-one (21) calendar days of receipt alleged violation of the grievanceagreement, which are inappropriate for an employee grievance single or group. 6.05 The arbitrator or the board will have no authority to alter, change, or modify any of the terms and conditions of this Agreement. The City Manager or his/her designee Any question as to arbitrability will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed determined by the City Manager or designee and arbitrator. 6.06 The decision of the arbitrator will be final and binding except for demotion, termination or suspension of an employeebinding. A copy Each party to this agreement will pay the fees and expenses of the grievance answer will arbitrator. 6.07 No person may be supplied appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 6.08 Neither party shall disclose in any manner to the grievant or UnionBoard of Arbitration any information concerning previous offers of settlement made by the other party.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. Should any difference or dispute arise between the City and any employee or group of employees with respect to the interpretation or application of a specific and identified provision of this Agreement, it Each grievance will be considered a grievance and must be resolved processed in accordance with the following proceduremanner: Step 1. If the Union, any employee or group of employees believes that she/he has a grievance (as defined in section one (1), she/he shall first cite in writing the specific contract clause violated and the relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and the bargaining unit representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. Any grievance not reduced to writing and submitted to the Department Head within twenty-one (21) calendar days of the event giving rise to the grievance, or within twenty-one (21) I. Within 15 calendar days after the union or the affected employee(s) should have known occurrence of the event giving rise cause of complaint, the employee and/or the Union will reduce the grievance to writing, stating the reasons therefore, the contract provision violated, the date of the occurrence, and the remedy requested and will present it to the employee's immediate supervisor. Within 10 business days after the grievance is submitted to the supervisor, the supervisor will respond in writing. If s/he wishes, the employee involved may be accompanied at any grievance-related meeting by a Union representative of his/her choice who is reasonably available. Step II. If the grievant is not satisfied with the response to the grievance by the supervisor, shall be considered abandoned. The Department Head shall hold a Step One hearing s/he may, within twenty-one (21) calendar 10 business days of receipt of the grievancesupervisor’s decision, request in writing that the department head review the decision. If the Step One hearing supervisor is not heldthe department head, the grievance shall be resolved in favor will skip to Step III. Within 10 business days of the grievant or Union. The Department Head shall issue a written answer within twenty-one (21) calendar days after the Step One hearing. If no answer is given in the time limits set forth abovesuch request, the grievance department head shall be resolved render his/her decision in favor of the grievant or the Union. This resolution shall set no precedence for future grievanceswriting. Step III. If the Union does grievant is not timely appeal a grievancesatisfied with the disposition of the grievance by the department head, it shall be considered abandoneds/he may, within 10 business days of his/her receipt of said decision, request in writing, that Step IV. If satisfactory disposition the grievant is not made satisfied with the disposition of the grievance by the Department Head, then within twenty-one (21) calendar days. Step 2. The grievance shall be presented in person to the City Manager. The City Manager or his/her designee will sign , the grievance acknowledging Union may, within 10 business days from receipt of the grievanceCity Manager’s decision, request, in writing, that the grievance be brought to arbitration. If a timely, valid request has been made, the parties shall jointly request from the State Conciliation Service, a list of seven arbitrators residing in Oregon who are members of the American Arbitration Association and, beginning with the grieving party/Union, the parties shall alternately strike names. The City Manager or his/her designee will hold a hearing within twenty-one (21) calendar name remaining shall be the arbitrator. Seven business days of receipt of shall be allowed for the grievancestriking. The City Manager or his/her designee will respond to the grievance in writing within twenty-one (21) calendar days after such meeting. This decision shall be signed parties may, by the City Manager or designee and be final and binding except for demotionmutual agreement, termination or suspension of an employee. A copy of the grievance answer will be supplied to the grievant or Unionrequest a new panel.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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