Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE 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 grievance 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

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GRIEVANCE PROCEDURE. Step 1. In the event an administrator believes there is basis for grievance, he/she All grievances shall first discuss the alleged grievance be dealt with the appropriate administrator either personally or accompanied by his/her Association representativeand disposed of as hereinafter provided. Step 2. If, as 9.01 No employee (union representative in the case of a result of policy grievance) will lodge a formal grievance until the informal discussion with employee (union representative) and their immediate Manager have met and fully discussed 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 grievance 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 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. 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 Executive Director of Human Resources shall indicate his/her disposition 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 writing the case of a policy grievance) not satisfied with the decision of the Department Manager may, within five (5) work days of such meetingworking days, and shall furnish a copy thereof appeal this decision in writing to the grievantGeneral 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 Association, and the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition Union on behalf of the grievance or if no disposition has been made employee may, within five (5) work working 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after from receipt of the Superintendent’s Answer formal response, appeal this decision in Section Bwriting to the People Department, Step 4requesting 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 written notice Arbitrator shall identify not have authority to alter or change any of the provisions of this Agreement, or to substitute new provisions in lieu thereof, nor to give any decision inconsistent with the agreement allegedly violatedterms and provisions of this Agreement, shall state or to deal with any matter not covered by the issue(s) involved and Agreement. 9.07 The decision of the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer Arbitrator shall be final and binding on both parties to this Agreement. 9.08 The parties agree that the Associationcosts 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 employees involveda group of employees, but deals rather with general questions of interpretation or application of the Agreement, it may be put forward as a policy grievance by the Union, and will be discussed at the Board of Education. If in the event the administrator elects legal action through the judicial system, several steps indicated above and taken to arbitration as a means of resolution does not applyif necessary.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. A grievance is a complaint that the City has violated this Agreement. All grievances shall be handled exclusively as set forth in this procedure. Any disciplinary action of record which is not appealable to the Kettering Civil Service Commission is fully subject to the procedures of this Article. Section 2. Grievances shall be promptly filed. To be considered, a grievance must be 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 the 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. In the event an administrator believes there is basis for grievance, he/she An aggrieved employee shall first discuss the alleged take up his grievance with his immediate supervisor. Upon the appropriate administrator request of either personally or accompanied by his/her Association representativeof them, the representative of the Union shall be present. Section 4. Step 2. IfIf the grievance of an employee is not satisfactorily settled at Step 1, as it may be taken to Step 2 and appealed by the grievant at a result meeting with the Police Chief and a representative of the informal discussion with Union. Any class action grievance filed by the appropriate administrator a grievance still exists, it Union shall be reduced to writing within five (filed at Step 2 rather than Step 1 of the grievance procedure. Section 5) work days after discussion and submitted to the same administrator on the form set forth in Appendix D. . Step 3. If the grievance is has not resolved in SECTION B, STEP been adjusted at Step 2, it shall may then be transmitted within five (5) work days appealed by the grievant to a meeting between the Executive Director of Human Resources. The Executive Director of Human Resources shall within five (5) work days schedule and 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 representative 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 superintendentUnion. Section 6. Step 4. If the aggrieved administrator or grievance has not been adjusted at Step 3, it may then be appealed by the Association 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 satisfied with the disposition answer of the grievance or if no disposition has been made City at Step 4, it may within five (5) work 30 days of such meeting, the grievance may be transmitted give written notice 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 City of its intent 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyarbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1A. Any complaint by an Employee or the Union concerning the application and interpretation of this Agreement shall be subject to the grievance procedure. Any relevant information specifically identified by the grievant or the Union in the possession of the Employer and needed by the grievant or the Union to investigate and process a 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 the department head’s 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 have the Employee's 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, any time limits within each step may be extended. C. Informal Step. A grievance shall, whenever possible, be discussed informally between the Employee and the Employee’s immediate supervisor within the twenty (20) working day limitation provided for in paragraph “A” above. In such an event the Employee shall identify the discussion as an informal step grievance. The grievant may be assisted by the grievant’s Union representative. The immediate supervisor shall reply within seven (7) working days. In the event an administrator believes there is basis for grievancethe Employer does not respond within the time limits prescribed herein, he/she shall first discuss the alleged Union may pursue the grievance with to the appropriate administrator either personally or accompanied by his/her Association representativenext step. 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 31. If the grievance 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 result of the informal conference, the grievant or the Union may submit a written statement of the grievance within seven (7) working days after receiving the answers to the informal complaint to the department head or department head’s designee; or if no disposition has been made within five (5) work days of such meeting, the grievance may be transmitted immediate supervisor does not reply 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 informal complaint 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.seven

Appears in 2 contracts

Samples: Unit Contract, Unit Agreement

GRIEVANCE PROCEDURE. Step 19.01 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 or the Union on their behalf, has no grievance until the employee’s immediate supervisor has been given an opportunity to adjust the complaint. If an employee has a complaint s/he shall discuss it with her/his immediate supervisor within fifteen (15) days after the employee would reasonably be expected to have become aware of the circumstances giving rise to the complaint. The immediate supervisor shall be allowed seven (7) days to communicate her/his answer to the complainant. Failing settlement, it may then be taken up as a grievance. In the event an administrator believes there is basis for case of a job competition grievance, he/she shall first discuss it is understood that the appropriate supervisor will be the recruiting supervisor. A grievance is defined as a complaint with respect to the application, interpretation, administration or alleged violation of this Agreement. At any stage of the grievance procedure (including the verbal complaint stage) the grievor may be accompanied by a Union representative, who may be an employee of the University. Step 1 Within seven (7) days of the supervisor’s decision the employee or the Union may present the alleged grievance with in writing, on a form agreed to by the appropriate administrator either personally University and the Union, to her/his supervisor’s supervisor. Each written grievance shall be signed by the grievor or accompanied by his/her Association representative.the Union and shall include: Step 2. If, as a result (a) the date of presentation; (b) the nature of the informal discussion with grievance; (c) the appropriate administrator a grievance still exists, it shall be reduced remedy sought; (d) the paragraph or paragraphs of this Agreement allegedly violated or the alleged occurrence said 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 grievance 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 have caused the grievance. The Executive Director of Human Resources shall indicate his/her disposition employee may be assisted in the presentation of the grievance by a Union representative who may be an employee of the University. Failing an immediate settlement, the supervisor shall deliver the decision in writing to the employee and to the Union within five seven (57) work days following the presentation of the grievance to her/him. Step 2 If not settled at Step 1, the grievor or the Union together with a representative of the Union Grievance Committee, as hereinafter constituted, may submit the alleged grievance to the Associate Vice-President (Human Resources) or designate within seven (7) days of such meeting, and the reply of Step 1. The Associate Vice President (Human Resources) or designate shall furnish a copy thereof to meet with the grievantgrievor, the AssociationUnion Grievance Committee, 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 Local Union President within ten (10) work days of such meetingthe presentation of the grievance. A copy Representative of histhe International Union may also be in attendance if requested by either Party. The Associate Vice-President (Human Resources), or designate shall render her/her his decision shall be furnished in writing to the administrator involved grievor and to the AssociationChair of the Union Grievance Committee within ten (10) days of the above meeting. Step 5. If 3 Failing settlement of the grievance is at Step 2, the Union may submit grievance to arbitration as hereinafter provided within thirty (30) days of the receipt of the decision at Step 2. 9.02 After a grievance has been filed, the time limits outlined in 9.01 may be extended by agreement between the Union and the University. Where no such agreement has been made and the time limits as described have not resolved at Section Bbeen followed, Step 4 or where an agreed extension has expired, either party may advance the grievance to the next step of the grievance procedure including arbitration. However, the Association may submit grievance shall be deemed abandoned if the party having filed the grievance does not advance the grievance to arbitration within thirty (30) days from 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, decision at Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply2.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purpose of this Agreement, a grievance is any difference or dispute between the Employer and the Union, an employee or group of employees concerning the interpretation or application of this Agreement. The parties agree to make prompt and xxxxxxx efforts to resolve such matters. a. The procedure for handling a grievance pertaining to any such difference or dispute which may arise under this Agreement, shall be as follows, except that grievances involving disciplinary suspensions, transfers or terminations may be taken directly to Step 3. Step 1. The Union and the immediate supervisor shall attempt to resolve any disputes or differences covered by this Article at the time they arise, or as soon as practicable thereafter. In the event an administrator believes there is basis for they are unable to resolve the issue, the grievance shall be reduced to writing by the Union and submitted to the Employer’s designated representative within ten (10) business days from when the grievant knew or should have known of the facts giving rise to the grievance, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. IfAll grievances, as other than those concerning discharge or suspension, shall be discussed at a result Step 2 meeting between the Union representative and the Employer representative, who shall not be the person who participated in Step 1 on behalf of the informal discussion with Employer, to be scheduled within ten (10) business days of the appropriate administrator a grievance still exists, it written grievance. A written decision by the Employer shall be reduced to writing rendered within five ten (510) work business days after discussion and submitted to of the same administrator on the form set forth in Appendix D. Step 32 meeting. If the grievance is not deemed resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to after 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 2 meeting, the grievance may be transmitted to the Superintendent. Within ten (10) work days, the Superintendent Union shall investigate the grievance, including holding request a Step 3 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 business days of such meeting. A copy of his/her decision shall be furnished to the administrator involved and the AssociationEmployer’s Step 2 written decision. Step 53. If Following a request for a Step 3 meeting, the Union representative and the Employer representative, who shall not be the person who participated in either Step 1 or Step 2 on behalf of the Employer, shall meet within ten (10) business days. A written decision by the Employer shall be rendered within ten (10) business days of the Step 3 meeting. For all discharge and suspension grievances, the designated Union representative and the designated Employer representative will meet within ten (10) business days of the receipt of the grievance is notice in an attempt to resolve the issue. b. All grievances not resolved at Section B, Step 4 of the grievance procedure the Association 3 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 probationary administrator), or grievances not responded to be submitted at the Superintendent’s level within the time limits (and not extended by written agreement request of the parties) would be subject either party to arbitration under this grievance procedure. Written notice of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer an arbitrator whose decision shall be final and binding on the Association, the employee or employees involved, Union and the Board Employer. The demand for arbitration must be made in writing within fifteen (15) business days after receipt of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyEmployer’s Step 3 written decision.

Appears in 2 contracts

Samples: Security Contractors Agreement, Security Contractors Agreement

GRIEVANCE PROCEDURE. Section A A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, 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. 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 procedures: Step 1. In the event that an administrator employee believes there is a basis for a grievance, he/she said employee shall first discuss promptly the alleged grievance with the appropriate administrator immediate supervisor, either personally privately, or if said employee prefers, accompanied by his/her Association representativethe on-site Federation representative within a reasonable period of time of the date of the occurrence of the event giving rise to the grievance. The supervisor shall then respond within five working days. Step 2. If, as a result In the event the aggrieved employee and/or the Union is not satisfied with the decision of the informal discussion with supervisor, the appropriate administrator a grievant and/or the on-site Federation representative shall present the grievance still exists, it shall be reduced in writing to writing the employee's division head within five (5) work working days after discussion and submitted of the date of the aforesaid decision. Upon presentation of this written grievance to the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION Bdivision head, STEP 2, it shall be transmitted and within five (5) work working days thereafter, the division head, the employee and the on-site Federation representative shall attempt to resolve the Executive Director of Human Resources. The Executive Director of Human Resources shall same dispute and, within five (5) work working days schedule thereafter, the department head shall render a meeting 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 grievant and written answer to Step 2 above, the Association said grievance shall be presented within five (5) working days after the written answer above to the Port 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 effort 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 designee shall render a decision in writing. In the 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 same, meet with a representative of the Federation in an attempt to resolve the grievance. The Executive Director of Human Resources At this meeting the employee and/or the on-site Federation representative shall indicate his/her disposition of the grievance in writing within also be present. Within five (5) work working 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 after this meeting, the grievance may be transmitted to the Superintendent. Within ten (10) work days, the Superintendent Port Director 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 render his decision 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 Associationwriting. 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 17.01 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. If the action or 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 parties hereto relating to the interpretation, application or administration of this Agreement. 17.03 A “Group Grievance” is defined as a single grievance, signed by a Xxxxxxx or a Union Representative on behalf of a group of employee who have the same complaint. Such grievances must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. In The grievors shall be listed on the event grievance form. 17.04 A “Policy Grievance” is defined as one that involves a question relating to 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 case of an administrator believes there is basis for grievanceEmployer's Policy Grievance, he/she shall first discuss by the alleged grievance with the appropriate administrator either personally Employer or accompanied by his/her Association his representative. Step 217.05 An employee who has a complaint concerning his employment will first of all attempt to resolve it verbally with his supervisor. IfFailing a satisfactory resolution of the complaint, the employee may then submit the complaint as a result of written grievance under the informal discussion with the appropriate administrator next article. a. Step 1 Any employee having a grievance still existswill, it shall be reduced accompanied by a Xxxxxxx or a Union Representative, submit the same to writing his immediate supervisor within five (5) work days after discussion workdays of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third (3rd) workday following the day upon which the grievance is submitted and submitted to will notify the same administrator on grievor and the form set forth Union Representative of his decision in Appendix D.writing. b. Step 3. 2 If the grievance is not resolved in SECTION Bsettled under Step 1, STEP 2, it shall be transmitted a Union Representative may within five (5) work days to workdays of the Executive Director of Human Resources. The Executive Director of Human Resources shall decision under Step 1, or within five (5) work days schedule workdays of the day this decision should have been made, submit a meeting with written grievance to the grievant Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the Association in an effort to resolve the grievance. The Executive Director Union Representative of Human Resources shall indicate his/her disposition of the grievance his decision in writing within five three (53) work days of such workdays following the 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. 17.07 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 timelines of the grievance procedure the Association may submit the grievance to the Federal Mediation and Conciliation Service. It is understood that can only grievances involving termination of employment (except in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not be extended by written mutual 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer parties in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applywriting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. In : An employee having a grievance shall present it verbally, either individually, or in the event an administrator believes there is basis for grievancepresence of the Union Xxxxxxx, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by to 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 immediate supervisor within five (5) work days business days, defined to be Monday to Friday, after discussion the occurrence of the matter being grieved. A grievance shall specify the occurrence being grieved, the date and submitted time of the occurrence, and the action being sought by the grievant. The employee’s immediate supervisor shall attempt to adjust the grievance and shall respond to the same administrator on employee and the form set forth in Appendix D.employee’s union representative within three (3) business days. Step 3. 2: If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted adjusted to the satisfaction of the employee within five (5) work business days after presentation to the Executive immediate supervisor, then the employee may present the grievance in writing through his/her Union Xxxxxxx to the Director of Human Resourcesor his/her designee. The Executive Director shall, on receipt of Human Resources shall the grievance, designate a time within five (5) work business days schedule a meeting for discussion of the grievance with the grievant aggrieved employee, the Union Xxxxxxx and the Association in an effort to resolve employee’s immediate supervisor. Within five (5) business days following the receipt of the written grievance, the Director shall: (a) Adjust the grievance. The Executive Director , or (b) Find the grievance unjustified, or (c) Advise the employee and the Union Xxxxxxx that the adjustment of Human Resources shall indicate the grievance is beyond his/her disposition authority. Step 3: If the grievance is not adjusted to the satisfaction of the employee in Step 2, the employee, through his/her Union Xxxxxxx, shall proceed by filing a written grievance in writing with the Board of Trustees within five (5) work business 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 after receipt of the Director’s written decision. The Board of Trustees may designate a committee of the Board to discuss the grievance or if no disposition has been made at the earliest regularly scheduled Board meeting which is at least one week following the Board’s receipt of the written grievance. The meeting shall include the employee’s supervisor. The Board shall render its decision within five (5) work business days following the meeting at which the grievance is discussed. The decision of the Board shall be final except as to those grievances which may be submitted to arbitration pursuant to Step 4. Step 1 and Step 2 shall be presented during working hours. A mutually agreeable time shall be arranged between the parties involved. Either party shall be entitled to one automatic extension of the above time limits upon notification to the other party, within the original time limit, that additional time is needed. The extension shall be equal to the number of days specified in the original time limit. Failure of an aggrieved party to pursue the grievance to the next step within the time limits set forth herein shall constitute abandonment of the grievance unless both parties agree to a waiver of such meetinglimits. Step 4: The Union may submit up to two grievances to arbitration each calendar year, involving disputes over the grievance may be transmitted to the Superintendent. Within imposition of suspension without pay of ten (10) work daysdays or more, terminations or demotions. Arbitrators will be selected using the Superintendent shall investigate procedures of the grievanceNew Jersey Public Employment Relations Commission and arbitrators will adhere to the rules of PERC in conducting arbitrations and rendering awards. An arbitrator will have the authority to determine whether the discipline at issue was imposed for just cause and upon finding that there was not just cause for the imposition of the discipline, including holding a meeting which gives will have the aggrieved administrator authority to modify the penalty, order than an employee be made whole with respect to lost compensation, benefits and seniority and order, where appropriate, reinstatement of the Association a reasonable opportunity employee to be heardthe position the employee held prior to the termination or demotion. The Superintendent shall answer cost of the grievance in writing within ten (10) work days of such meeting. A copy of his/her decision arbitration 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended split equally 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In the event an administrator believes there is basis for ‌ 26.1 Any grievance, he/she defined as a claim reasonably and suitably founded on a dispute involving the interpretation, application, or violation of this Agreement, shall first discuss 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 grievance dispute. The legal interpretation of this Agreement is governed by the case and statutory law of the State, together with the appropriate administrator either personally or accompanied by 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 Association representative. Step 2. If, as a result of the informal discussion with grievance in writing to the appropriate administrator 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 grievance still exists, it Step I grievance. The Employer shall be reduced to writing 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 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 the designated Union representative, in writing, of his/her decision regarding the grievance within ten (10) business days after discussion and submitted to the same administrator on day the form set forth in Appendix D.grievance was presented. Step 3. STEP II: If the grievance is not resolved in SECTION Bsettled at the first step, STEP 2, it shall be transmitted within five (5) work days the employee and/or designated Union grievance representative may present the written grievance 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 Director/Fire Chief or his/her disposition of the grievance in writing within five (5) work days of such meetingdesignee, 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 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 employee and/or the designated Union grievance representative to discuss the grievance within ten (10) business days after receipt of the grievance, unless such meetingtime is extended by mutual agreement in writing. A copy The Director/Fire Chief, or his/her designee, shall notify the employee and the designated Union representative in writing of his/her decision shall be furnished to within ten (10) business days of receipt of the administrator involved and the Associationgrievance. Step 5. STEP III: If the grievance answer from the Director/Fire Chief in Step II is not resolved at Section Bconsidered satisfactory by the employee, Step 4 of the employee and/or designated Union grievance procedure representative may present the Association may submit the written grievance to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination Director of employment (except in the case of termination of services or failure to re-employ any probationary administrator)Employee Services, or grievances not responded to at his/her designee, within ten (10) business days after the Superintendent’s level within the time limits (and not extended by written agreement employee is notified of the partiesdecision 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 representative within ten (10) 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 be delivered to the Superintendent within 20 work business days after receipt of the Superintendent’s Answer grievance, unless such time is extended by mutual agreement in Section B, Step 4writing. At this meeting there will be a full disclosure of all facts relating to the grievance. The Director of Employee Services, or his/her designee, shall render a written notice shall identify decision on the provisions grievance within ten (10) business days after the meeting, and furnish a copy of the agreement allegedly violated, shall state decision to the issue(s) involved and the relief requested. If no such notice is given within the 20 work day periodemployee, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involveddesignated Union grievance representative, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyUnion President.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In the event an administrator believes there is basis for grievance, he/she One – Any employee having a grievance shall first discuss such grievance with his/her immediate supervisor in an informal meeting. In order to be considered Step One, the alleged employee must indicate on the grievance procedure form to the 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 written grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2Business Manager. If, as The written grievance shall contain a result concise statement of the informal discussion with 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 a grievance still exists, it as determined by the Business Manager shall be reduced to writing meet with the grievant and Union representative(s) within five (5) work days after discussion and submitted to the same administrator on the form set forth in Appendix D. Step 3. Three – If the grievance is not resolved in SECTION BStep Two, STEP 2, it the written grievance form shall be transmitted filed with the Superintendent or his/her designated representative within five (5) work days from receipt of the Business 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 Executive Director of Human ResourcesBusiness Manager and Superintendent and/or their designated representatives. The Executive Director of Human Resources Such hearing shall be conducted within five (5) work days schedule a meeting with after the grievant and the Association in an effort to resolve the grievancereceipt of such request. The Executive Director of Human Resources aggrieved employee shall indicate his/her disposition be advised of the grievance in writing within time, place and date of such hearing. 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 or his/her designated representative must respond in writing on the grievancegrievance form. Copies are to be sent to the employee, including holding a meeting which gives the aggrieved Business Manager, immediate supervisor, appropriate 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 AssociationUnion President. 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. 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. In The grievors shall be listed on the event 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 question as to whether a matter is arbitrable and one which an administrator believes there is basis for 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 a CLAC Representative, or in the case of an Employer's policy grievance, he/she shall first by the Employer or his Representative. 22.02 Any employee who has a complaint as per Article 22.01b will discuss the alleged grievance 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 appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result 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 the informal discussion with the appropriate administrator a grievance still exists, it shall be reduced to writing his decision within five (5) work days after discussion and submitted to workdays following the same administrator on the form set forth in Appendix D. Step 3said meeting. If the grievance reply is not resolved satisfactory to the employee, she may process the complaint as a grievance as defined in SECTION BArticle 22.01b by following the steps set out below. Step 1 The employee, STEP 2accompanied by a Xxxxxxx or a CLAC Representative, it shall be transmitted may submit a written grievance to her immediate supervisor within five (5) work days to workdays of the Executive Director of Human Resourcesdecision reached above. The Executive Director of Human Resources shall within five (5) work days schedule a meeting This supervisor will deal with the grievant grievance not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and the Association in an effort to resolve the grievance. The Executive Director Union Representative of Human Resources shall indicate his/her disposition of the grievance his decision in writing within five (5) work days of such workdays following the said meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendent. Step 4. 2 If the aggrieved administrator or the Association grievance is not satisfied with the disposition of the grievance or if no disposition has been made settled under Step 1, a Union Representative will, within five (5) work days workdays of such meetingthe 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 may be transmitted to within one (1) week after the Superintendentgrievance has been received. Within ten (10) work days, The Employer shall notify the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator grievor and the Association a reasonable opportunity to be heard. The Superintendent shall answer the grievance Union Representative of his decision in writing within ten five (105) work days 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 out of any action or condition more than five (5) workdays after the subject of such meeting. A copy of his/her decision shall be furnished to the administrator involved and the Association. Step 5grievance 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 file a grievance on behalf of another employee. 22.04 Saturdays, Sundays, and the paid holidays designated in this Agreement will not be counted in determining the time in which any action is not resolved at Section B, Step 4 of to be taken or completed under 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 18.01 The purpose of this Article is to establish a procedure for the settlement of grievances. In A grievance shall be defined as any dispute or difference arising out of the event an administrator believes there is basis for grievancealleged violation, he/she application, administration or interpretation of the provisions of the Agreement. 8.01.01 All grievance correspondence from the employer shall first be sent to the local CUPE President. 8.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement shall discuss the grievance providing specific details of the alleged grievance contravened Articles with the appropriate administrator either personally or employee's immediate supervisor. Such employee shall be accompanied by his/her Association representative. Step 2the employee's area xxxxxxx unless the employee specifically directs the area xxxxxxx otherwise. If, as Such a result complaint shall be brought to the attention of the informal discussion with immediate supervisor within five (5) working days of the appropriate administrator incident giving rise to the complaint except in the case of a grievance still existscomplaint involving computation of pay, it shall in which case the complaint must be reduced to filed in writing within five (5) work working days after discussion and submitted to the same administrator on receipt of pay. The immediate supervisor shall render the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted decision verbally within five (5) work working days to of receiving the Executive Director of Human Resourcescomplaint. The Executive Director immediate supervisor shall mean the immediate supervisor outside the bargaining unit. Step I Should the employee be dissatisfied with the immediate supervisor's disposition of Human Resources shall the complaint. The area xxxxxxx may refer such matter on a written grievance form supplied by CUPE within five (5) work working days schedule a meeting with of receipt of the grievant and immediate supervisor's reply to the Association in an effort to resolve the grievancecomplaint. The Executive Director complaint shall now constitute a formal grievance at Step I. The Manager of Human Resources Plant Services shall indicate his/her disposition of answer the grievance in writing within five (5) work working days of such meetingreceipt of the grievance at Step I. The grievance shall specify the Article, clause and subsections of which violation is alleged, contain a precise statement of the facts relied upon, indicate the relief sought, and be signed by the employee. Should the grievance rely solely on Article 3 of the Collective Agreement as the article violated the grievance shall furnish be considered a copy thereof step two grievance and be forwarded to the grievant, Administrator of Employee Relations. Should the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied Union be dissatisfied with the disposition of the grievance or if no disposition has been made at Step I, the grievance may be referred to the Administrator of Employee Relations within five (5) work working days of such meeting, receipt of the grievance may be transmitted Manager of Plant Services' reply 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. Step I. The Superintendent Administrator of Employee Relations shall answer the grievance in writing within ten five (105) work working days of such meetingreceipt of the grievance at Step II. If no settlement is reached at Step II, the Grievance Committee of the Union will meet with the Director of Education of the Board within five (5) working days of receipt of the reply of the Administrator of Employee Relations to discuss the grievance. A copy of his/her decision shall National Union Representative may be furnished to the administrator involved and the Association. Step 5in attendance at this meeting. If the grievance is not resolved at Section Bsettled within five (5) working days, Step 4 of it may be referred to arbitration as hereinafter provided. Prior to the grievance procedure being arbitrated the Association may submit union reserves the grievance right to review the Federal Mediation and Conciliation Servicematter with trustees. It is understood that only grievances involving termination of employment (except in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written By agreement of the parties) would , grievance mediation will also be subject to arbitration under this considered. 8.03 The employer may initiate a grievance procedure. Written notice beginning at Step III of the intent to file for arbitration Grievance Procedure. Such grievance shall be filed within ten (10) working days of the incident giving rise to the Federal Mediation complaint and Conciliation Service shall in the format prescribed in Step I. Any grievance may be delivered referred to arbitration. 8.04 The Union may initiate a grievance at the Superintendent within 20 work days after receipt second step, on behalf of the Superintendent’s Answer in Section Bbargaining unit, Step 4. The written notice shall identify notwithstanding the provisions of clause 8.02 except that this clause will not allow the Union the right to file a grievance on behalf of an individual employee or group of employees, other than a group of employees at one specific location. 8.05 Employees who are covered by this Agreement shall be required to follow the procedures laid down in Article VIII and any employee who appeals directly to any Trustee, Senior Manager/Supervisory Officer of the employer shall thereby forfeit all rights under this article. 8.06 Any grievance not processed through to the next stage of the Grievance Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement allegedly violated, shall state in writing between the issue(s) involved employer and the relief requested. If no such notice is given within Union 8.07 No grievance may be submitted concerning the 20 work day periodtermination of employment, layoff or disciplining of a probationary employee, except a grievance filed under Article (IV) - Relationship. 8.08 Should the grievance be denied, the Superintendent’s answer shall be final and binding on employer will endeavor to explain or indicate the Associationreasons for such denial, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applywriting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. The Association shall be entitled to form a Grievance Committee consisting of three (3) members. The Grievance Committee shall have the right to file a grievance on behalf of any members covered by this Agreement or on behalf of the Association. The Association shall notify the County, in writing, of the names of the members of the Grievance Committee. B. A grievance is defined as a claim of violation of a specific article and/or section of this Agreement. The following procedure is to be observed in the settlement of grievances: Step 1. In the event an administrator believes there is basis for grievance, he/she : Any employee having a grievance shall first discuss the alleged grievance 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 meeting with the appropriate administrator either personally supervisor the grievance shall be reduced to writing, signed by the aggrieved employee and/or the Association President (or accompanied by his/her their designees), and a copy given to the Sheriff or his authorized designee. The employee’s immediate supervisor and the Sheriff (or the Sheriff’s designee) shall meet with the aggrieved employee and the Association representativePresident (or his designee) within ten (10) calendar days of receipt of the written grievance to try to resolve the matter. Step 2. If: If Step 1 does not affect settlement, as a result within ten (10) calendar days of the informal discussion meeting with the appropriate administrator a supervisor and the Sheriff (or the Sheriff’s designee) the grievance still exists, it shall be reduced to writing within five (5) work days after discussion and submitted forwarded to the same administrator on Employer’s Director of Human Resources, with a copy to the form set forth in Appendix D.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 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 grievance is not resolved in SECTION BAssociation shall have the right to submit the matter for decision of an impartial arbitrator, STEP 2provided that the Association shall file a Demand for Arbitration with the American Arbitration Association no later than thirty (30) calendar days after receipt of the Step 2 answer, it shall be transmitted within five (5) work days with a copy to the Executive Sheriff and the Employer’s Director of Human Resources. The Executive Director Selection of Human Resources shall within five (5) work days schedule a meeting with the grievant arbitrator and the Association in an effort to resolve arbitration process shall be governed by the grievance. The Executive Director of Human Resources shall indicate his/her disposition Voluntary Labor Arbitration Rules 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 American Arbitration 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1The provisions of this Article shall be substituted for the grievance procedure set forth in any Addenda. In Should any dispute arise between the event an administrator believes there is basis for grievanceEmployer and the employees, he/she shall first discuss or the alleged grievance with Employer and the appropriate administrator either personally Union concerning the application or accompanied by his/her Association representative. Step 2. Ifinter- pretation of any provision of this Agreement, as a result or concerning any term or condition of the informal discussion with the appropriate administrator a grievance still existsemployment set forth in this Agreement, it shall be reduced to writing handled in the following manner: Step 1— The complaint shall be discussed with the aggrieved em- ployee, the immediate supervisor, and the Shop Xxxxxxx, within five (5) work working days after discussion and submitted of the known occurrence giving rise to the same administrator on the form set forth in Appendix D.complaint. Step 3. 2— If the grievance complaint is not resolved in SECTION BStep one (1), STEP 2then the employee, it Shop Xxxxxxx or Local Union representative shall be transmitted within five (5) work days sub- mit a grievance in writing to the Executive Director designated Company representa- tive on the designated grievance form within ten (10) working days after the known occurrence giving rise to the grievance. Step 3— If an agreement cannot be reached in the second step, the matter shall then be referred to the Local Union Business Agent within ten (10) working days after receipt of Human Resourcesthe response of the Company Representative. The Executive Director of Human Resources Company Representative shall within five (5) work days schedule a meeting meet promptly with the grievant Local Union Business Agent, the Shop Xxxxxxx and the Association grievant within ten (10) working days in order to reach an effort adjustment to resolve the grievance. The Executive Director of Human Resources Company Representative shall indicate his/her disposition respond in writing to this third step meeting within three (3) work- ing days 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— Any grievance not resolved in Step three (3) shall proceed to the established local area Cartage Services or regional 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/Rider language will be submitted to arbitration. Step 5— If the aggrieved administrator parties fail to reach a decision or the Association is not satisfied with the disposition agree upon a settle- ment of the any grievance or if no disposition has been made within five in Step four (5) work days of such meeting4), the grievance may be transmitted sub- mitted to arbitration. If 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 parties cannot agree upon an impartial arbitrator within ten (10) work 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 such meetingseven (7) impartial arbitrators. A copy Each party shall alternately strike one (1) name from the list and the name of his/her decision the person last remain- ing on the list shall be furnished to designated as the administrator involved arbitrator 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 probationary administrator), 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 his appoint- ment shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4binding on both parties. The written notice arbitrator shall identify deal only with the provisions of the agreement allegedly violated, shall state the issue(s) involved matter which occasioned his appointment and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer his decision shall be final and binding on upon both parties. In no case, however, may the Associationarbitrator make a decision which will in any way add to, subtract from, or alter the employee or employees involved, and the Board terms of Educationthis Agreement. If in the event the administrator elects legal action through the judicial system, arbitration as a means The fee of resolution does not apply.the

Appears in 2 contracts

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

GRIEVANCE PROCEDURE. Step 1‌ 17:01 For the purpose of this Collective Agreement, “grievance” shall be defined as a difference or dispute arising out of the interpretation, application, administration, or alleged violation of this Agreement. In For the event an administrator believes there is basis for grievancepurpose of determining “working days” in this Article, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representativeSaturdays, Sundays, and General Holidays are excluded. Step 2. If, as a result 17:02 The procedure for adjustment of the informal discussion with the appropriate administrator a grievance still exists, it grievances 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.as follows: Step 3. If the 1 The employee may submit a signed written grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director or her designate within fifteen (15) working days of Human Resourcesthe incident, which gave rise to the grievance, or the employee first becoming aware of the incident. The Executive Director of Human Resources or her designate shall within five (5) work days schedule a meeting with submit her written response to the grievant and the Association in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition of person filing 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 working days of such meeting. A copy of his/her decision shall be furnished to receiving the administrator involved and the Associationgrievance. Step 5. 2 If the grievance is not resolved at Section BStep 1, Step 4 of the grievance procedure the Association employee may submit the grievance in writing to the Federal Mediation and Conciliation ServicePersonnel Committee within ten (10) working days of receiving the response from the Executive Director or her designate in Step 1. It The written grievance shall include: • name of employee involved; • facts giving rise to the grievance; • section(s) of the Collective Agreement alleged to be violated; • indication of redress requested. The Personnel Committee shall submit a written response to the employee within ten (10) working days of receiving the grievance. Step 3 If the grievance is understood that only grievances not resolved at Step 2, the Representative of the Union may submit the grievance in writing to the Board of Directors within ten (10) 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 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 termination a question of employment (except general application or interpretation or where the employee files the grievance, Step 1 may be bypassed in the case of termination a Union grievance; and in the case of services or failure an Employer grievance, the grievance shall be sent directly to re-employ any probationary administrator)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 incident which gave rise to the grievance, or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement Employer first becoming aware of the partiesincident. The Union shall render a response within ten (10) 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 be delivered to the Superintendent within 20 work working days after receipt of the Superintendent’s Answer grievance. 17:07 The failure of the Union or employee to meet the time limits set out herein shall cause the grievance to be deemed to be abandoned. 17:08 The time limits set out in Section Bthis Article are mandatory and may be extended only by mutual consent of the parties in writing. 17:09 The parties shall act fairly, Step 4. The written notice shall identify reasonably and in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. In the agreement allegedly violated, shall state the issue(s) involved interests of resolving disputes justly and the relief requested. If no such notice is given within the 20 work day periodfairly without recourse to arbitration, the Superintendent’s answer parties agree that full disclosure of all relevant facts shall be final and binding on made during the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applygrievance process.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. In 20.01 Upon proper notification to the event an administrator believes there is basis for grievanceDepartment Head, he/she or his agent, the Corporation agrees that permission shall first discuss be granted to the alleged grievance president of the Union, the Chairman of the Grievance Committee and the shop xxxxxxx in the particular group of the Union to leave their employment, temporarily, in order to carry on discussions with the appropriate administrator either personally Corporation, or accompanied by his/her Association representativeits representatives with respect to the investigation of a grievance between the Union and 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. Step 220.02 The employees covered by this Collective Agreement shall elect a Chairman of Grievance Committee for the Union who, in turn may select a shop xxxxxxx for each division as defined in the existence certification order whose names shall be made known to the Corporation. If, as The grievance committee may consist of a result chairman and three (3) other members from the selected shop stewards. The names of the informal discussion with shop stewards shall be forwarded to the appropriate administrator a Department Heads, the City Manager and the City Council. (A) A grievance still existsshall be submitted to the Union, in writing, signed by the employee or employees concerned. The grievance shall be forwarded to 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 reduced forwarded by the Union to the Supervisor concerned and shall be signed by the Chairman of the Grievance Committee, or any member of the Local 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 Department Head or Supervisor concerned shall reply, in writing to the Union in respect to a grievance submitted within five (5) work working days after discussion and submitted of the submission. (D) Should the Union find the reply from the Department Head or Supervisor to be unsatisfactory, then the grievance shall be forwarded to the City Manager who shall reply to same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 Associationworking days. Step 5. (E) If the grievance is not resolved at Section B, Step 4 matter of the grievance remains unresolved, then the normal procedure the Association may submit the grievance in respect to the Federal Mediation and Conciliation Service. arbitration shall be followed. (F) It is should be clearly understood that only grievances involving termination of employment (except in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement of the parties) would foregoing procedures may be waived or altered subject to arbitration under this grievance procedure. Written notice of full agreement between the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved Union and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyEmployer.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, 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 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 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 procedures: Step 1. In the event that an administrator employee believes there is a basis for a grievance, he/she said employee and/or a Union representative shall first discuss present a formal grievance in writing to 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 employee’s division head within five (5) work working days of the date of the 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, the said grievance shall be presented within five (5) working days after discussion and submitted the written answer above to the same administrator on Port Director, or his/her designee, who will, within five (5) working days of the form set forth receipt of same, meet with a representative of the Federation in Appendix D.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 grievance 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 by the Department Director or a designee, or if no disposition has been made within five (5) work days of such meetingthe specified time limit, the grievance may be transmitted 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 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 SuperintendentPort Director, or his/her designee who shall, within five (5) working days of the receipt of the same, meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting the 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) work days, working days from the Superintendent shall investigate date the grievance, including holding a meeting County fixes the responsibility for the incident upon which gives the aggrieved administrator and the Association a reasonable opportunity to be hearddischarge and/or suspension is based. The Superintendent shall answer County's failure to comply with the grievance in writing within ten (10) work days working day period shall constitute a waiver of such meetingits rights to take any disciplinary action against the employee or employees, including, but not limited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. A copy of his/her decision Section 5 The time limitations provided in this Article shall be furnished to the administrator involved strictly observed 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 shall be extended only grievances involving termination of employment (except in the case of termination of services or failure to re-employ any probationary administrator), 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 . In the event that the County fails to arbitration under 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. Written notice In the event that the Federation fails to comply with any of the intent to file for arbitration to aforesaid time limitations in Steps 1 and 2 of the Federal Mediation and Conciliation Service grievance procedure or Sections 3 and/or 4 of this Article, the grievance shall be delivered to deemed denied and no relief granted. If a grievance meeting is re-scheduled at the Superintendent within 20 work days after receipt request of either of the Superintendent’s Answer in Section Bparties, Step 4. The written notice shall identify the provisions time-frames will be automatically extended to allow for re-scheduling of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applygrievance meeting.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 16.01 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. In An employee filing a formal grievance must attempt to rectify the event situation with 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 administrator believes there employee who has filed a grievance which are related to the grievance or grievances which have been filed. 6.03 Failure by an employee or the Union to comply with any time limitations set forth in this Article shall constitute a withdrawal of the grievance. If the 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 basis for agreed 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, he/she the employee and/or a representative of the Union shall first submit a written grievance to the Department Director or their designee., The initial written grievance to the Department Director shall be known as Step I grievance. The Department Director or their designee, shall meet to discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result employee and/or representative of the informal discussion with the appropriate administrator a grievance still exists, it shall be reduced to writing Union within five seven (57) work days after discussion and submitted to the same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 receiving 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 Department Director of Human Resources or their designee shall indicate his/her disposition submit a written answer to the employee and to the Union within seven (7) days following the meeting. 6.05 If the employee disagrees with the decision of the grievance in writing Department Director, the employee may file within five fourteen (514) work days of such meeting, and shall furnish the Department Director or their designee’s written decision a copy thereof written grievance with the Mayor. The grievance to the grievantMayor shall be known as a Step II grievance. Within fourteen (14) days of the receipt of the grievance, the Association, and the superintendent. Step 4. If the aggrieved administrator Mayor or the Association is not satisfied designee will meet with the disposition of employee, who may be accompanied by a representative, to discuss the grievance or if no disposition has been made within five grievance. Within fourteen (514) work days of such this meeting, the grievance may be transmitted Mayor will submit a written decision to the Superintendent. Within ten (10) work daysemployee and the Union regarding the subject of the grievance. 6.06 If the employee disagrees with this decision, the Superintendent shall investigate the grievanceemployee and/or representative may, 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 thirty (1030) 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section Bdecision, Step 4. The written notice shall identify initiate an appeal to the provisions Department of the agreement allegedly violatedLabor, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer whose decision shall be final and binding on the Association, the employee or employees involved, and the Board City in accordance with provisions of EducationSDCL 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 formal representative, which are of general concern regarding application or interpretation of this Agreement, shall be initiated at Step II of the grievance procedure. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does This provision shall not applybe used to resurrect an individual employee’s grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step a. The purpose of the grievance procedure shall be to settle employee grievances on as low a level as possible. b. Any such grievance shall be settled in accordance with the following procedure: (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. In If no satisfactory settlement is reached within two (2) working days, then (2) The employee shall put the event an administrator believes there is basis for grievance into writing and forward it to his/her department head. Said grievance shall state the nature and facts giving rise to such grievance, he/she shall first the section(s) of the Agreement involved, if appropriate, and the specific remedy sought. The department head will discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2employee and the Shop Xxxxxxx and attempt to adjust the grievance. If, as a result If no satisfactory settlement is reached within three (3) working days after receipt of the informal discussion with written grievance, then (3) The Shop Xxxxxxx shall present the appropriate administrator a grievance still existsto the Director of Utilities or Manager, it shall be reduced to writing Department of Utilities, within five (5) work days after discussion and submitted to working days. After receiving the same administrator on complaint, the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director of Human ResourcesUtilities 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 Executive Director of Human Resources Utilities or Manager shall within five (5) work days schedule make a meeting with the grievant and the Association in an effort to resolve the grievance. The Executive Director report of Human Resources shall indicate his/her disposition of the grievance findings and render a decision in writing within five (5) work working days of such after said meeting, and shall furnish a copy thereof shall be provided to the grievant, Staff Representative. (4) In the Association, event any grievance or dispute is not settled in a manner satisfactory to both the Union and the superintendentEmployer, then either party has the right and authority to submit such grievance or dispute to arbitration in the manner hereinafter provided for. 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 Should the parties hereinabove set forth be unable to finally determine such meetinggrievance or dispute, the grievance may matter shall then be transmitted referred within fifteen (15) working days following the Director’s or Manager’s decision, to the Superintendent. Within ten (10) work days, the Superintendent shall investigate the American Arbitration Association to arbitrate such dispute or grievance, including holding a meeting which gives the aggrieved administrator and the Association a reasonable opportunity to be heard. The Superintendent shall answer jurisdiction and authority of the grievance in writing within ten (10) work days of such meeting. A copy of arbitrator and his/her decision opinion and award shall be furnished confined to the administrator involved interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Association. Step 5Employer. If 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 grievance is not resolved at Section B, Step 4 mutual consent of the grievance procedure Employer and the Association may submit Union except as required by 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4AAA. The written notice shall identify the provisions award of the agreement allegedly violated, shall state arbitrator on the issue(s) involved merits of any grievance adjudicated within his jurisdiction and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer authority shall be final and binding on the Associationaggrieved employee, the employee or employees involvedUnion, and the Employer. The standard of proof in all cases shall be based on a preponderance of the evidence. (6) The party requesting arbitration also shall notify the State Board of EducationMediation and Arbitration and request mediation of the dispute. If The parties shall meet with a state mediator in an effort to resolve the event dispute prior to any arbitration hearing. (7) Failure at any step of this procedure to communicate a decision within the administrator elects legal action through specified time limits shall permit the judicial systemaggrieved employee to proceed immediately to the next step. Failure at any step to appeal within the specified time limits shall be considered acceptance by the aggrieved employee of the decision rendered, arbitration as a means of resolution does not applyand such decision shall thereafter be binding upon the aggrieved employee and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 5:01 The parties to this Agreement are agreed that it is of the utmost importance to adjust grievances as quickly as possible. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) days before the filing of the grievance. 5:02 Grievances properly arising under the Agreement shall be adjusted and settled as follows: Step 1No. In the event an administrator believes there is basis for grievance, he1 The aggrieved employee shall present his/she shall first discuss the alleged her grievance with the appropriate administrator either personally or in writing to his/her Director/Manager within ten (10) working days after such grievance has arisen. The aggrieved employee may be accompanied by his/her Association representative. Step 2. If, as a result committeeperson or Chairperson at the request 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 grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director of Human Resourcesaggrieved employee. The Executive Director of Human Resources Director/Manager shall within five (5) work days schedule a meeting with the grievant and the Association in give an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition of the grievance answer in writing within five (5) work working days after the presentation of such meeting, and shall furnish a copy thereof grievance. Should no settlement satisfactory 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 employee be reached within five (5) work working days of the presentation aforesaid, the next step in the grievance procedure may be taken within five (5) working days thereafter. Step No. 2 The grievance shall be presented in writing by the aggrieved employee or their committeeperson to the Director of Human Resources or designate. The Director of Human Resources or designate and not more than three (3) representatives of the Hospital shall within seven (7) working days from such meetingpresentation meet with the aggrieved employee, a committeeperson or the Chairperson and the Local Officer of the Union. A representative of the National Union may also attend, if requested to do so by either the aggrieved employee, the Union or the Employer. The Director of Human Resources or designate shall render his/her decision in writing within five (5) working days from such meeting and a copy thereof shall be mailed or delivered forthwith to the aggrieved employee and to the Union Office. Failing settlement under the foregoing procedure of any difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such difference or question may be submitted to arbitration as hereinafter provided and if no written request for arbitration is made within ten (10) days after the decision is given in Step 2, it shall be deemed to have been settled. 5:03 In the case of a grievance alleging improper discharge of any employee employed within the bargaining unit described in Article 1:01 of this Agreement, the discharged employee shall submit his grievance in writing to the Director of Human Resources or designate within ten (10) working days after the date of his discharge. The Director of Human Resources or designate shall convene a meeting with the aggrieved employee, a committeeperson, the Chairperson and the Local Officer of the Union within ten (10) days after the date on which the Director of Human Resources or designate received the written grievance. The purpose of this meeting shall be to discuss and consider the grievance. The Director of Human Resources or designate shall deliver his decision in writing to the Chairperson within three (3) days after the date of the meeting and a copy shall be mailed to the Union Office. If the written decision of the Director of Human Resources or designate is not satisfactory to the Union, 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 probationary administrator), 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 taken to arbitration under this grievance procedure. Written notice of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify accordance with the provisions of this Article and Article 6 of this Collective Agreement. 5:04 Any time limits referred to in the agreement allegedly violatedgrievance and arbitration procedures within which any procedure is required to be taken, or notice to be given, shall state the issue(s) involved be calculated exclusive of Saturdays, Sundays and the relief requested. If no such notice is given within religious and statutory holidays hereinafter recognized, and, for the 20 work day periodaggrieved employee, his or her scheduled days off. 5:05 A complaint or grievance arising directly between the Superintendent’s answer Hospital and the Union concerning the interpretation, application or violation of the Agreement, which may be considered policy matters shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If originated in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.writing at Step 2 within fourteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE 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 grievance 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 receipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in pay, demotions and shall furnish a copy thereof to terminations may be filed at Step 3 within the grievant, the Association, and the superintendenttime frame set forth above. Step 42. If the aggrieved administrator or the Association a grievance is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) work days of such meetingsatisfactorily resolved in Step 1 above, the grievance grievant 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 submit the grievance in writing within ten (10) work days to such management official as the Department Manager may designate. This formal written grievance shall state which provision of such meetingthe MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Administrative/ Human Resources Manager. The Department Manager or his or her designee shall have twenty (10) work days in which to respond to the grievance in writing. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the union may appeal in writing within ten (10) work days to the Administrative/Human Resources Manager. The Administrative/Human Resources Manager shall have twenty (20) work days in which to investigate the merits of the complaint and to meet together at the same time with the Department Manager or his/her decision shall be furnished to designee, the administrator involved grievant, and the Association. union. For grievances involving interpretation of this MOU, the Administrative/Human Resources Manager will decide the grievance on its merits and provide the grievant, the union, and the Department with a written decision within fifteen (15) workdays of the date of the Step 53 Meeting, unless more time is granted by mutual agreement. If For grievances involving appeals from disciplinary action, the Administrative/Human Resources Manager will attempt to resolve the grievance. In the event that the grievance is not resolved at Section Bresolved, Step 4 the Administrative/Human Resources Manager will provide written notice of the grievance procedure the Association may submit the grievance that fact 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day periodgrievant, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involvedunion, and the Board Department within twenty (20) workdays of Education. If in the event date of the administrator elects legal action through the judicial systemStep 3 meeting, arbitration as a means of resolution does not applyunless more time is granted by mutual agreement.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE PROCEDURE. Step 121.1 A grievance is an employee’s or the Chief’s expressed feeling of dissatisfaction, presented in writing, concerning a dispute, claim or complaint arising under an alleged violation of a specific Article(s) enumerated in the terms of this labor agreement which has not been resolved to the employee’s or Town’s satisfaction through informal discussion. In A grievance may be filed by the event an administrator believes there is basis for Town or the Union. 21.2 A grievance, he/she 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 granted. 21.3 The procedure for handling grievances which may arise under this agreement is as follows: Step One: Informal discussion- The employee shall first discuss the alleged grievance with the appropriate administrator either personally Chief or accompanied by designee, within seven (7) calendar days of its occurrence unless it is clear that the Chief or designee would have no power to remedy the matter. The Chief or designee must make his/her Association representative. Step 2. Ifdecision, as a result of the informal discussion with the appropriate administrator a grievance still existsverbally or in writing, it shall be reduced to writing within five (5seven) work days after discussion and submitted to the same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 probationary administrator), 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 be delivered to the Superintendent within 20 work 7 calendar days after receipt of the Superintendent’s Answer grievance unless it is mutually agreed by the participants that additional time to answer will be allowed. Step Two: Should the grievance remain unsettled, it must be presented in writing, as required in Section B21.2 above, to the Chief within five calendar days after the Step 4One decision is rendered or due. The written notice shall identify employee alone or the provisions employee and the authorized representatives of the agreement allegedly violatedUnion 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, shall state unless it is mutually agreed by the issue(s) involved and participants that additional time to answer is allowed. Step Three: If the relief requested. If no such notice is given within the 20 work day periodgrievance has not been settled at Step Two, the Superintendent’s answer it shall be final and binding on presented in writing to the Association, Town Manager or designee within seven (7) calendar days after the employee decision of the Chief is rendered or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applydue.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 14.1 For the purpose of this Agreement, the term "grievance" means any dispute between the City and the Union, or between the City and any employee concerning the interpretation, claim of breach, or violation of this Agreement, 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 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 at this stage promptly; however, if no satisfactory settlement is reached, the following procedure shall apply: 14.2.1 Grievances shall be submitted at the Step 1. In the event an administrator believes in which there is basis authority to adjudicate such grievance as provided for grievance, he/she shall first discuss in the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representativeArticle. Step 2. If, as a result of the informal discussion with the appropriate administrator a 1 The grievance still exists, it shall be reduced to writing written form by the aggrieved employee and/or Union, stating the section of the Agreement violated and explaining the grievance in detail. The Station Xxxxxxx or Union Representative shall present the written grievance to the employee’s supervisor within five ten (510) work calendar days after discussion and submitted the alleged grievance is taken up by the employee with their supervisor, who shall transmit the written grievance to the same administrator on next higher level supervisor. This supervisor shall convene a meeting within ten (10) calendar days after receipt of the form set forth in Appendix D.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 3. 2 If a grievance remains unresolved after the written decision is delivered in Step 1 or if the grievance is not resolved in SECTION B, STEP 2initially submitted at Step 2 per Section 14.2.1, it shall be transmitted within five (5) work days in writing by the aggrieved employee and/or Union involved to the Executive Chief of the Fire Department with a copy to the Director of Human ResourcesLabor Relations. The Executive Director of Human Resources shall within five (5) work days schedule a meeting with Said transmittal must be accompanied by 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.following information:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance shall be any dispute or complaint concerning the interpretation of, application of, or compliance with any provisions of this Agreement and 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 having the same grievance, or the Federation. B. Day shall mean all regular workdays, exclusive of holidays. If a grievance 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 sequence shown: Step 1. In 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 an administrator believes there is basis for employee or the Federation. The District shall give its written answer within fifteen (15) working days following receipt of the written grievance, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. IfIf no satisfactory adjustment is agreed upon as provided in Step 1, as a result the matter shall be referred by the aggrieved employee(s) or the Federation within fifteen (15) working days to Step two. Upon referral to this step, the grievance shall be referred to the office of the informal discussion with Superintendent for consideration by the appropriate administrator a Superintendent or his 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 still exists, it being referred to the Superintendent. The District shall be reduced to writing give its written answer within five fifteen (515) work working days after discussion and submitted to the same administrator on the form set forth in Appendix D.meeting at Step 2. Step 3. If no satisfactory adjustment is agreed upon as provided in Step 2, the 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 is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days referred to the Executive Director Board of Human ResourcesTrustees of the District. The Executive Director of Human Resources Board shall give its written answer within five fifteen (515) work working days schedule after a meeting with the grievant and the Association in an effort to resolve the grievancehearing at Step 3. 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written Upon agreement of the parties) would , grievance mediation may be subject used prior to arbitration under this grievance procedure. Written notice of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyarbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 19:01 At any step of the grievance procedure, the grievor may be present at the meeting(s) if requested by either party. In It is the event mutual desire of the parties that complaints with respect to the application, interpretation, administration or alleged violation of this Agreement be addressed as quickly as possible and it is understood that an administrator believes there is basis for employee or group of employees shall first give the immediate Supervisor an opportunity to adjust a complaint before any grievance may be filed. This step may also be satisfied by the Union raising the complaint with the immediate Supervisor on behalf of the employee or group of employees, in which case the Human Resources Director or designate will be given an opportunity to attend, or satisfied by the Union raising the complaint directly with the Human Resources Director. Failing a satisfactory settlement within ten (10) working days, a complaint may be taken up as a grievance in the following manner: The grievance shall be submitted, in writing, to the designated Human Resources Director, along with the name of the immediate Supervisor, by the employee(s) or the Union. The nature of the 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 relevant provisions of the informal discussion with Agreement, a general statement of relevant facts and the appropriate administrator a grievance still exists, it remedy sought shall be reduced to writing within set out in the grievance. Within five (5) work days after discussion and working days, the Human Resources Director shall meet with the Union Representative who submitted to the same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 attempt to resolve the grievance. The Executive Director of Human Resources Director may determine that the immediate Supervisor shall indicate his/her disposition of the grievance also attend this meeting. The Human Resource Director shall, within a further five (5) working days, give their decision in writing to the Union. If the decision at Step One is not satisfactory, the written grievance may be advanced by notifying the Human Resources Director, who shall forward a copy to the Principal within five (5) work working days of such meetingafter receiving the Step One decision in writing. The Principal shall, within seven (7) working days, meet with the Union Xxxxxxx, the Unit President, and shall furnish a copy thereof staff representative of the Union, or their designate, in a further attempt to resolve the grievance. The Principal shall, within a further seven (7) working days, give their decision in writing to the grievant, the Association, and the superintendentUnion. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition 9:02 At each step of the grievance or if no disposition has been made within five (5) work days of such process, the UTS representative may have with their, at any grievance meeting, an equal number of UTS representatives to the number of Union representatives. 9:03 UTS shall not be required to consider any grievance which is not submitted within fifteen (15) working days after the grievor became aware, or ought reasonably to have become aware, of the circumstances giving rise to the grievance. 9:04 If settlement of the grievance is not reached at Step Two, then the grievance may be transmitted referred in writing by either party to arbitration as provided in Article 11: Arbitration, at any time within twenty (20) working days after the decision is received under Step Two. If no written request for arbitration is received within this time period, the grievance shall be deemed to have been withdrawn and not eligible for arbitration. 9:05 When two (2) or more employees with the same Supervisor wish to file a grievance arising from the same alleged violation of this Agreement, such grievance may be handled as a group grievance and presented to UTS beginning at Step One of the grievance procedure. In any other case where two (2) or more employees wish to file a grievance arising from the same alleged violation of this Agreement, such grievance may be handled as a group grievance and presented to UTS at Step Two of the grievance procedure. 9:06 A grievance arising directly between UTS and the Union (which could not be grieved by an individual employee) shall be initiated at Step Two. Any grievance by UTS or the Union as provided herein shall be commenced within seven (7) working days after the Union became aware or ought reasonably to have become aware of the circumstances giving rise to the Superintendentgrievance. Within ten This clause may not be used by the Union to initiate a grievance which directly affects an employee where said employee(s) could themselves have initiated a grievance pursuant to the provisions of this Article. 9:07 In the event that a grievance is submitted against the Principal, it shall be submitted in writing to the Human Resources Director who shall forward a copy to the UTS Board Executive. The Board Executive shall establish a committee of no more than two (102) work days, the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator Board members and the Association a reasonable opportunity to be heard. The Superintendent shall answer the grievance in writing Human Resources Director, who shall, within ten (10) work days working days, meet with the Union Representative who submitted the grievance, the Unit President and a staff representative of such meetingthe Union, or their designate, in a further attempt to resolve the grievance. A copy of his/her The Board Committee shall, within a further ten (10) working days, give their decision in writing to the Union. This step shall be furnished considered the equivalent of a Step Two grievance. 9:08 The time limits provided in this Article may be extended by mutual agreement between the parties in writing. 9:09 Where no response 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day periodtime limit specified in the grievance procedure (or any extension thereof), the Superintendent’s answer grievance will be deemed to have been advanced to the next step of the grievance procedure. 9:10 Individual grievances alleging a violation of Article 12:04 (Job Posting) shall be final and binding on submitted in accordance with the Association, grievance procedure to the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyHuman Resource Director.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1Grievance shall be limited to matters concerning the specific provisions of the agreement. In A grievance means a claim by a unit member or 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 administrator believes there answer to the unit member not more than three (3) work days after the grievance 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 2presented. If, as a result of the informal discussion with the appropriate administrator a grievance still exists, it shall be reduced to writing within Within five (5) work days after discussion and submitted completion of Level I, the grievance, if it has not been resolved, shall be presented by the unit member to the same administrator on Personnel Administrator or his designated representative, in writing, signed by the form set forth grievant. The Personnel Administrator shall report the decision in Appendix D. Step 3writing 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 Superintendent and the grievant shall be requested. Following the meeting, the Superintendent shall inform the grievant and the Association’s grievance committee person in writing of the decision. If this action is not completed within five (5) work days, the grievance is may proceed to Level V. Within five (5) work days after the completion of Level III, the grievance, if it has not resolved in SECTION Bbeen resolved, STEP 2, it shall be transmitted within referred to a fact finding committee consisting of three (3) members: one appointed by the Governing Board, one appointed by the Association, and a chairman selected and mutually agreeable to both the Governing Board and the Association. Such notice shall be in writing and shall be signed by the unit member initiating the grievance and the Association’s grievance committee person. Within five (5) work days after the receipt of such notice, the fact finding committee shall meet to determine the facts relating to the grievance. Within fifteen (15) work days the committee shall submit its recommendations or reasons for extending the time to the Superintendent and the Association’s grievance committee person in writing of the decision. The Superintendent will then have five (5) work days to the Executive Director of Human Resources. The Executive Director of Human Resources consider these recommendations and shall within five (5) work days schedule a meeting with inform the grievant and the Association Association’s grievance committee person in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition writing 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 4decision. If the aggrieved administrator or decision is not satisfactory to both parties, 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 submit it to the SuperintendentLevel V for arbitration. 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 All costs for fact finding shall be furnished to shared by the administrator involved District and the Association. Step 51. 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 Within fifteen (except in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement of the parties15) 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 be delivered to the Superintendent within 20 work days after receipt the completion of Level IV, the Superintendent’s Answer in Section Bgrievance, Step 4. The written notice shall identify the provisions of the agreement allegedly violatedif it has not been resolved, shall state be noticed for arbitration. Such notice requesting the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer arbitration shall be final in writing and binding on shall be signed by the Association, ’s grievance committee person and by the employee or employees involved, and unit member who initiated the Board of Educationgrievance. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.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. Step 17.01 The purpose of this Article is to establish a procedure for the orderly settlement of grievances. In the event an administrator believes A grievance shall be considered to exist when it is alleged that there is basis for 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, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2circumstances of which occurred more than thirty (30) days prior to its written presentation. If, as a result of the informal discussion with the appropriate administrator When a grievance still existsarises, an xxxxxxx effort shall be made to settle it by the Company, the employee concerned, and the Union, and it shall be reduced to writing within five (5) work days after discussion and submitted to handled in the same administrator on the form set forth in Appendix D.Steps as hereinafter provided. 7.02 Step 3No. If 1 - Any regular employee who has a grievance shall present the grievance is not resolved in SECTION B, STEP 2, it verbally to management and will be accompanied by a Xxxxxxx. Management shall be transmitted state their decision verbally within five three (53) 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 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 writing, in triplicate, on forms supplied by the Union, and signed by the aggrieved employee and two members of the Grievance Committee. It shall furnish a copy thereof be appropriately dated showing the date of the grievance, particulars of the incident giving rise to the grievantgrievance, the AssociationArticle and Section of the Collective Agreement alleged to have been Step No. 3 - Notice of appeal must be given in writing by dating and signing the grievance forms within ten (10) working days from the written decision of local management or their designate, through the Manager, Labour Relations, setting forth the areas or points of disagreement within the Step 2 written decision. The Manager, Labour Relations, will arrange a Management Committee to meet with up to two (2) members of the Grievance Committee and the superintendent. Step 4Local President, or Bargaining Unit Chairperson, or his/her designated alternate, within seven (7) working days or a time mutually agreed upon. The two committees jointly will discuss the grievance and may request the attendance of any person or persons interested or involved. The Management Committee will render its decision in writing within seven (7) working days from the date of such meeting to the Local or Bargaining Unit. If the aggrieved administrator or the Association is Committee’s decision does not satisfied with the disposition of the grievance or if no disposition has been made within five (5) work days of such meetingbring about a satisfactory settlement, the grievance may be transmitted 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 Superintendent. Within ten (10) work daysgrievance procedure, the Superintendent shall investigate the he must present such grievance, including holding a meeting which gives in writing, 7.04 Failure by the aggrieved administrator and the Association a reasonable opportunity Company 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 reply 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement of provided in this agreement, or any agreed upon extension, will result in the parties) would be subject grievance being processed to arbitration under this the next Step within the grievance procedure. 7.05 An employee and/or Xxxxxxx shall obtain the permission of his Supervisor before interrupting or leaving his work to deal with a grievance. Written notice of the intent to file for arbitration to the Federal Mediation Permission will not be arbitrarily or unreasonably withheld. 7.06 In this Article 7 only, when computing working days, Saturdays, Sundays and Conciliation Service recognized holidays shall not be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyincluded.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. 6.01 In the event an administrator believes there is basis for grievanceArticle 6, he/she shall first discuss the alleged grievance with the appropriate administrator either personally “working day” means a day other than Saturday, Sunday or accompanied by his/her Association representativea recognized holiday. Step 2. If, as a result of 6.02 Grievances must be initiated in writing at 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 grievance 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 designated step 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 procedure within ten (10) work 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 a 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: STEP NO. 1 The grievance shall be presented in writing to 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 grievor and countersigned by the representatives 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 presented to the Human Resources Officer or designate within the aforesaid ten (10) days of receipt of the written 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. A copy of his/her If the written decision shall be furnished is not satisfactory to the administrator involved representative of the Union, then the next step must be taken within ten (10) 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 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 Associationtime frame in which the resolution is to be reached. Step 5. If the grievance is not resolved at Section B, Step 4 of 6.05 The timelines outlined in the grievance procedure shall be frozen at the Association may submit time the parties mutually agreed in writing to use the grievance mediation procedure. Upon written notification of either party to the Federal Mediation and Conciliation Service. It other party indicating that the grievance mediation is understood that only grievances involving termination of employment (except terminated, the timelines in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to grievance procedure shall continue from the point at the Superintendent’s level within the which they were frozen. 6.06 The time limits (in Articles 6, 7, 8 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 9 shall be delivered to 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 Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved Board and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer Union with respect to any grievance shall be final and binding on upon the Association, Board and the Union and the employee or employees involvedconcerned. 6.08 Permission for the 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, or 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 time mutually satisfactory to the Board of Educationand the Union shall be set for such visit. If in In the event the administrator elects legal action through immediate supervisor believes that time off work is being abused, the judicial system, arbitration matter shall be referred to the Board and it may be taken up as a means Board Grievance under Article 7.02. 6.09 Either party may have the assistance of resolution does employees or other persons not apply.exceeding three

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 32:01 A grievance shall be defined as a written complaint arising out of the interpretation, application, or alleged violation of this Agreement. 32:02 An xxxxxxx effort shall be made to settle grievances fairly and equitably in the following manner. However, 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 granted necessary time off without loss of pay to meet with the Employer for the purpose of processing grievances. Such permission shall not be unreasonably withheld. 32:04 Step 1. In (a) Within twenty (20) working days after the event an administrator believes there is basis for date upon which the employee was notified orally or in writing, or on which the employee first became aware of the action or circumstances giving rise to the grievance, he/she the employee shall first discuss present the alleged grievance with the appropriate administrator either personally redress requested to the Program Coordinator; (b) The Program Coordinator or accompanied by his/her Association representativedesignate 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; (c) The 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. 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 (5a) work days after discussion and submitted to the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved satisfactorily at Step 1, the employee shall submit the same grievance and the redress requested to the Executive Director, within fifteen (15) 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 SECTION Bwriting to the employee and to the Union within fifteen (15) working days of receipt of the grievance; (c) The Executive Director shall hold a hearing to discuss the grievance with the employee and the employee’s Union representative before giving a decision on the grievance. 32:05 An employee claiming to be demoted, STEP 2, discharged or suspended without just cause may initiate a grievance at Step 2 and submit it shall be transmitted within five (5) work days directly to the Executive Director as outlined above. 32:06 If a dispute involving a question of Human Resources. The Executive Director general application or interpretation occurs and affects a group 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 grievantemployees, the Association, and the superintendent. Step 4. If the aggrieved administrator Union 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 employees may submit the grievance directly to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination Executive Director. 32:07 An employee may choose to be accompanied by a local Union representative at any stage of employment (except in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the grievance procedure. 32:08 All time limits (and not referred to in this section may be 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applymutual agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 127.1 The purpose of this Article is to establish an orderly procedure for the settlement of grievances. In The Company and the event Union agree to use problem solving techniques in an administrator believes there effort to reach a satisfactory settlement as quickly as possible. All references to the number of days or time limits in the different steps of the grievance procedure shall refer to working days and will exclude Saturdays, Sundays, Holidays and any other days the Company is basis 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 the Company concerning the interpretation, application, administration or alleged violation of this Agreement. The grievance may be in the form of an Individual, Group or Policy Grievance. The procedure for grievance, he/she shall 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 discuss the alleged grievance be done orally with the appropriate administrator either personally or accompanied by hisManager/her Association representativeSupervisor 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 2STEP 2 Any grievance requiring further processing will be referred to the Manager/Supervisor within the area giving rise to the dispute by the Union Representative within an additional 3 days. If, as a result The grievance shall be written and will state the nature of the informal discussion grievance the section or sections of the Agreement or policy allegedly violated and the redress sought. Within 3 days the Manager/Supervisor will conduct a meeting with the appropriate administrator Union Representative(s). The Company and the Union may each be represented at this meeting by two individuals, one of which will be 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 3representative from Human Resources. If the grievance is not resolved settled at this meeting the Manager/Supervisor shall present their decision in SECTION B, writing to the Union Representative within 3 days. STEP 2, it 3 If the grievance requires further processing the Union will inform the Manager/Supervisor within the area giving rise to the dispute within 5 days and a grievance meeting shall be transmitted arranged between the Grievance Committee and Management Representatives designated by the Executive of the Company. The grievance meeting will be held within five (5) work days 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 Executive Director other party within 10 days after the incident giving rise to the grievance became known or should have become known to the grieving party. Within 5 days of Human Resourcesreceipt of such notice a meeting will be held between the Company Representatives and the Union. The Executive Director of Human Resources shall within five (5) work days schedule a meeting with Party against whom the grievant and the Association in complaint has been made will give an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition of the grievance answer in writing within five (5) work 5 days of such this meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association matter is not satisfied with settled to the disposition of 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 or if no disposition has been made within five (5) work days of such meeting, the grievance may will 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 5deemed abandoned. If the Company does not 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 not resolved at Section B, Step 4 mutually agreed that an inspection 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 job or area would be helpful in the case of termination of services or failure to resettling a grievance, a sub-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement committee of the parties) would be subject to arbitration under this grievance procedure. Written notice Union shall, with representatives of Management, make an inspection of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee job or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyarea.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1A. A grievance is defined as an alleged violation (misapplication or misinterpretation) of a specific article or section of this agreement. In the event an administrator believes there is basis for grievance, he/she shall first discuss the alleged If any such 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 existsarises, it shall be reduced submitted to writing within 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 any settlement of a grievance must be consistent with the terms of this Agreement. STEP ONE Within ten (10) working days of the time a grievance arises or the employee knows or should have known of the grievance, the employee will present the grievance verbally, to his/her supervisor or the appropriate designated person. Within five (5) work working days after discussion and submitted presentation of the grievance, the supervisor or designated representative shall informally respond. STEP TWO Within five (5) 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 same administrator on the form set forth in Appendix D. Step 3employee. STEP THREE If the grievance is not resolved in SECTION BStep Two, STEP 2the employee or the Union Representative may, it shall be transmitted within five (5) work working days of receipt of the supervisor’s answer, submit to the Executive Director of Human ResourcesSuperintendent or his/her designated representative, the answer at Step Two with the original grievance statement. The Executive Director of Human Resources Superintendent or his/her designated representative shall meet with the grievant and his/her Union Representative(s) within five (5) work working days schedule a meeting with the grievant and the Association in an effort to resolve of receipt of the grievance. The Executive Director of Human Resources shall indicate Superintendent or his/her disposition of designated representative shall respond, in writing, to the grievance in writing employee and the Union Representative within five (5) work working days of such meeting, and shall furnish a copy thereof to after 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. STEP FOUR If the grievance is not resolved at Section Bin Step Three, Step 4 the employee or the Union Representative may, within five (5) working days of receipt of the grievance procedure the Association may Superintendent’s response, submit the grievance to the Federal Mediation Board of Education. At its next regular scheduled meeting, the Board shall conduct a hearing on the grievance. The Board shall respond, in writing, to the grievant and Conciliation Service. It is understood that only grievances involving termination of employment the Union Representative within ten (except in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement 10) working days of the partieshearing. STEP FIVE If a satisfactory disposition of the grievance is not made as a result of the procedure provided for in Step Four, within fifteen (15) would be subject to arbitration under this grievance procedure. Written working days after receipt of the decision, the designated Union Representative shall submit notice of the intent desire to file for arbitration arbitrate to the Board. 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 delivered to from Ohio, which the Superintendent within 20 work days after 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 Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions list of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day periodarbitrators, the Superintendent’s answer parties shall be final and binding on the Association, the employee or employees involved, and the Board select an arbitrator within a reasonable length of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applytime.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. The Grievance Procedure shall be as follows: Step 1. In The aggrieved employee will first attempt to resolve the event an administrator believes there grievance through informal discussion with his immediate supervisor by the end of the tenth calendar day following the incident upon which the grievance is basis 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, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. IfIf the grievance is not resolved through the informal discussions, as a result the employee will reduce the grievance to writing and submit copies to his Department Manager and the Personnel Officer within ten (10) calendar days of the informal discussion with his or her immediate supervisor. The Department Manager shall have ten (10) calendar days from the appropriate administrator receipt of a written grievance still exists, it shall be reduced to writing within five (5) work days after discussion review the matter and submitted to the same administrator on the form set forth in Appendix D.prepare a written response. Step 3. If the grievance is not resolved in SECTION B, STEP Step 2, it the aggrieved employee may appeal the decision of his Department Manager to the City Manager in writing within ten calendar days of the receipt of the Department Manager‘s response. If the employee wishes, he or she may request to have the grievance reviewed by an Employee Appeals Board, prior to review by the City Manager, and he or she must so indicate in his or her appeal to the City Manager. If the aggrieved employee selects to submit the grievance first to the Employee Appeals Board, the Board shall be transmitted 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 five (5) the same department or division as the affected employee. No member of the Board shall be compensated by the City 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 normal work hours. The Employee Appeals Board shall then determine the facts of the grievance and submit a report of its findings along with a recommendation for settlement within ten calendar days from their appointment to the Executive Director case. Copies of Human Resourcesthe report and recommendations shall be submitted to the City Manager and the aggrieved employee. The Executive Director Upon receipt of Human Resources the employee's appeal and/or report and recommendations of the Employee Appeals Board, the City Manager may elect the methods he then considers appropriate to review and settle the grievance. He/she shall render a written decision to all parties directly involved within five fifteen (515) work calendar days schedule 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 meeting with hearing, within 30 days of the receipt of the employee's appeal or Employee Appeals Board report if such has been requested. However, upon receipt of an Employee Appeals Board report, the grievance procedure may be concluded if mutually agreed between the grievant and the Association in an effort Department Manager. If a hearing, though, is to resolve be conducted, the grievance. The Executive Director of Human Resources shall indicate his/her disposition City Manager may continue the hearing either for the convenience 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 City or the Association is not satisfied with the disposition upon written application of the grievance or if no disposition has been made within five (5) work days of such meeting, the grievance may be transmitted employee for a period not to the Superintendent. Within ten (10) work exceed an additional 30 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 probationary administrator), 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 time and place of the hearing, and any continuance thereof, shall be given to the Federal Mediation and Conciliation Service employee. Such hearing shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer conducted in Section B, Step 4. The written notice shall identify accordance with the provisions of Section 11513 of the agreement allegedly violatedGovernment Code of the State of California, shall state except that the issue(s) involved 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 relief requested. If no such notice is given 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 20 work day periodhearing, and the Superintendent’s answer decision of the City Manager shall be final and binding on not subject to review or appeal by the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyCity Council.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE PROCEDURE. The following procedures are established for settlement of complaints and grievances. (a) Step I (Immediate Supervisor Level) (1. In the event an administrator believes there is basis for grievance) The employee, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association 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 procedure. (2) An employee may opt to bypass the Step 2I procedure and file his/her complaint directly to the Step II (departmental) level. IfIf bypassing Step I, as an employee must file a result written grievance, in accordance with section 2(c), above, to the head of the informal discussion 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 appropriate administrator employee and/or his/her representative in a grievance still existsStep I meeting, it and if such election is made, the supervisor shall be reduced to writing advise the employee within five two (52) work days after discussion and submitted to workdays of receiving notice of the same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 complaint or 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 employee will then have ten (10) work daysworkdays to file his/her complaint or grievance, in writing, to Step II - Department head. (4) If a Step I is initiated, the Superintendent complaint shall investigate the grievance, including holding a meeting which gives be discussed informally by the aggrieved administrator employee, or his/her representative, or both, and the Association a reasonable opportunity immediate supervisor. If the issue remains unresolved, an employee must comply with the following time frames for filing to be heard. The Superintendent shall answer the grievance in writing Step II level: a) 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days workdays after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(sI decision; or b) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.thirty

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, 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 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 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 procedures: Step 1. In the event that an administrator employee believes there is a basis for a grievance, he/she said employee and/or a Union representative shall first discuss present a formal grievance in writing to 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 employee’s division head within five (5) work working days of the date of the occurrence of the event giving rise to the grievance. The Formal Grievance shall be presented on the designated form, 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 five (5) working days after discussion and submitted the written answer above to the same administrator on Port Director, or his/her designee, who will, within five (5) working days of the form set forth receipt of same, meet with a representative of the Federation in Appendix D.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 grievance 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 by the Department Director or a designee, or if no disposition has been made within five (5) work days of such meetingthe specified time limit, the grievance may be transmitted 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 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 SuperintendentPort Director, or his/her designee who shall, within five (5) working days of the receipt of the same, meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting the 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) work days, working days from the Superintendent shall investigate date the grievance, including holding a meeting County fixes the responsibility for the incident upon which gives the aggrieved administrator and the Association a reasonable opportunity to be hearddischarge and/or suspension is based. The Superintendent shall answer County's failure to comply with the grievance in writing within ten (10) work days working day period shall constitute a waiver of such meeting. A copy of his/her decision its rights to take any disciplinary action against the employee or employees, including, but not limited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. Section 5 The time limitations provided in this Article shall be furnished to the administrator involved strictly observed 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 shall be extended only grievances involving termination of employment (except in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement of the parties) would . 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 deemed denied and no relief granted. If a grievance meeting is re-scheduled at the request of either of the parties, the time-frames will be automatically extended to allow for re-scheduling of the grievance meeting. Section 6 Application to this procedure shall foreclose the grievant from appealing to any other available County procedure or vice-versa. Section 7 Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation, 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 arbitration under review through this grievance procedure. Written notice of the intent to file for arbitration Performance evaluations shall not be subject to the Federal Mediation and Conciliation Service shall grievance procedure with the exception of those annual evaluations in which overall performance evaluations results in a Quality Point Average (QPA) less than 2.5. However, annual evaluations in which the overall performance rating results in a QPA less than 3.5 may be delivered subject to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If grievance procedure only in the event that an employee is in a block budgeted eligible position and the administrator elects legal action through evaluation impacts the judicial system, employee’s eligibility to be considered for block budgeting purposes. Such performance evaluation grievances may not proceed to arbitration as a means of resolution does not applyprovided in this article.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 12.01 It is the mutual desire of the parties hereto that complaints of the employees shall be adjudged as quickly as possible without stoppage of work, and it is understood that an employee may, subject to an investigative hearing that may result in disciplinary measures taken against the employee, the employee at their option, may be accompanied and represented by a member of Union, without recourse to the grievance procedure herein. 12.02 A grievance shall be defined as a complaint regarding the meaning, interpretation, application or alleged violation of this Agreement, or, subject to Article 6.06, in the case of an employee who has successfully completed the probationary period under this Agreement, a complaint that they have been unjustly laid off or has not been recalled from layoff or has been discharged without cause. 12.03 It is understood that prior to filing a written grievance, the employee shall give their supervisor an opportunity to resolve any complaints or disputes. In order to be considered a grievance, such discussion must take place within fourteen (14) calendar days after the circumstances giving rise to the complaint first occur or originate. The supervisor shall communicate their reply to the complaint within fourteen (14) calendar days from the date the complaint/grievance was presented to them with a copy of the claim. An entry to the employee’s file shall be made and contain the date, time and name of supervisor who was contacted by the employee, and nature of the complaint including the reply given by the supervisor. If such complaint is not settled to the satisfaction of the employee concerned, the complainant may file a grievance in the following manner and sequence: Step 1: Within fourteen (14) calendar days following the decision of the immediate supervisor, the employee with the assistance of their representative, if they desire, may present a signed and dated written statement of such grievance to the Operations Manager, Maintenance Manager or designate. In The nature of 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 Article(s) of the informal discussion with Agreement that has been allegedly misapplied or misinterpreted and the appropriate administrator a grievance still exists, it relief or remedy sought shall be reduced to writing within five (5) work days after discussion and submitted to the same administrator on the form clearly set forth out in Appendix D. Step 3. If the grievance 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 Operations Manager, Maintenance Manager or designate shall indicate his/her disposition of the grievance in writing deliver their decision 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.fourteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 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 between the Employer and the employee covered by this Bargaining Agreement, concerning the interpretation and/or application of this contract. The following procedures shall apply to the administration of all grievances filed under this Agreement, and shall be presented in accordance with the steps outlined below: Step 1. In An employee who believes he may have a grievance shall notify his immediate supervisor(s) of the event an administrator believes there is basis for possible grievance within seven (7) calendar days of the occurrence of the facts giving rise to the grievance. This notification shall be in writing, and shall state the aggrieved employee's name, position, date of alleged grievance, he/she and the portion of the Agreement in question giving rise to this grievance. The presentation of this grievance shall first be in the employee's own hand. The supervisor will schedule an informal meeting within seven (7) calendar days after the receipt of the grievance, with the employee, and his associate if requested by the employee, to discuss the alleged grievance issues in dispute with the appropriate administrator either personally or accompanied by his/her Association representativeobjective of resolving the matter informally, with a written reply of the meeting to be given to the employee, the Union xxxxxxx, and the Employer. Step 2. IfIf no satisfactory settlement is reached at the step 1, as a result 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 informal discussion with step 1. The appeal shall restate the appropriate administrator a grievance still existsgrievance, it and shall be include proposed remedy sought by the aggrieved party. A step 2 answer, reduced to writing within five (5) work days after discussion and submitted writing, will be given to the same administrator on aggrieved party within seven (7) calendar days of receiving the form set forth in Appendix D.written appeal. Step 3. If the grievance no satisfactory answer is not resolved in SECTION B, STEP reached at 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 appealed to the Superintendent. Within ten (10) work days, the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator City Manager and the Association a reasonable opportunity to be heardUnion Staff Representative or their designated alternates within seven (7) calendar days after the reply is rendered in step 2. The Superintendent appeal shall answer be reduced to writing, shall contain the original grievance and all subsequent answers/decisions, and be in writing within ten (10) work days of such meetingthe employee's own hand. A copy of his/her decision shall meeting will 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 probationary administrator), or grievances not responded to at the Superintendent’s level held 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 be delivered to the Superintendent within 20 work 14 calendar days after the receipt of the Superintendent’s Answer in Section B, Step 42 reply. The A written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall reply will be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration issued as a means result of resolution does not apply.this meeting within fourteen

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. All grievances shall be handled in the following manner: Step 1. In Written Procedure to the event an administrator believes there is basis for grievance, he/she Superintendent . An employee with a complaint shall first discuss the alleged matter with their immediate supervisor, 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 could have known of the facts giving rise to the complaint. The grievance shall be signed by the employee or the xxxxxxx and shall indicate the section or sections of this Agreement in dispute and shall set forth the facts giving rise to the complaint. A xxxxxxx may be present at this meeting, if requested by the employee. A request for a xxxxxxx to participate in the discussion of a grievance shall be made by the employee to the immediate supervisor, or designated representative, who shall make proper arrangements as soon as convenient. The immediate supervisor, or designated representative, will endeavor to give a written answer to the complaint within five (5) working days of the discussion with the appropriate administrator either personally or accompanied by his/her Association representativeemployee concerned. Every effort shall be made to settle the complaint in this manner. Step 2. IfWritten Procedure to Committee comprised of Superintendent, as a result AFSME Business Agent, Chief Xxxxxxx, Chapter Chairperson). If the complaint is not satisfactorily settled in the Step 1 Procedure, the complaint shall be submitted within seven (7) working days from the time of the informal discussion with superintendent’s or designee’s written answer in Step 1. The Superintendent, or designated representative, the appropriate administrator employee involved, and the xxxxxxx, may discuss the grievance. The Superintendent or designated representative, shall place a written disposition upon the grievance still exists, it shall be reduced to writing within five (5) work working days after discussion following the date the grievance was submitted at this step and submitted return it to the same administrator on xxxxxxx. A copy of the form set forth in Appendix D. written disposition shall also be provided to the employee. Step 33 . Written Procedure to the Board of Education. If the a grievance 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, 2 the grievance may be transmitted submitted to the Superintendent. Within ten (10) work days, Board by filing a written copy with the Superintendent shall investigate secretary or other designee to 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 board 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 probationary administrator), 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 be delivered to the Superintendent within 20 work working days after receipt of the Superintendent’s Answer or designee’s written disposition in Section B, Step 42. The written notice board no later than its next regular meeting or two (2) calendar weeks, whichever shall identify be later, shall hold a hearing on the provisions grievance, and give such other considerations as it shall deem appropriate. Disposition of the agreement allegedly violated, shall state grievance in writing by the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer Board shall be final and binding on made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In 9.01 The parties to this Agreement are agreed that it is of the event an administrator believes there is basis for grievance, he/she shall first discuss utmost importance to adjust complaints and grievances concerning the interpretation or alleged grievance with violation of the appropriate administrator either personally or accompanied by his/her Association representativeAgreement as quickly as possible. Step 29.02 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. IfIf the complaint is not resolved, a grievance properly arising out of this Agreement shall be adjusted and settled as a result 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 informal discussion grievance. STEP 1: The employee together with his xxxxxxx or plant chairperson shall take the appropriate administrator a grievance still existsmatter up with his immediate Supervisor. 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 reduced to taken up by the People Resources Manager, Production Manager (if required), Union Xxxxxxx, and Unit Chairperson in writing within five a further three (53) work working days after discussion and submitted to the same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 from receipt of the grievance answer in Step 1 and a decision rendered in writing within five (5) work working days of such meeting, and shall furnish a copy thereof to from the grievant, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition receipt of the grievance or if no disposition has been made within five (5) work days of such meetingby the People Resources Manager. STEP 3: Failing settlement at Step 2, the grievance may be transmitted to the Superintendent. Within ten (10) work daysPeople Resources Manager, the Superintendent shall investigate the grievanceUnion Xxxxxxx, 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 hisUnit Chairperson, Local 333 President/her decision shall be furnished to the administrator involved and the Association. Step 5. If the grievance is not resolved at Section BBusiness Agent, Step 4 of the grievance procedure the Association and/or National Union Representative 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement President of the partiesCompany or his designate within ten (10) would be subject to arbitration under this grievance procedure. Written notice of calendar days from having received the intent to file for arbitration to Company’s response in Step 2 and the Federal Mediation and Conciliation Service President or his designate shall be delivered to the Superintendent render his decision within 20 work ten (10) calendar days after receipt of the Superintendent’s Answer 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 Section BArticle 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, Step 4provided 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 written notice warning or reprimand issued to an employee. No employee shall identify 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 Company and 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 pursuant to the provisions of Article 9 herein. The Company’s decisions in such cases shall be given in writing and failing satisfactory settlement, the agreement allegedly violated, grievance shall state be subject to the issue(s) involved arbitration procedure. Such grievances shall commence at Step 2 of the grievance procedure. 9.07 Any incident resulting in suspension enacted in the afternoon shift will be discussed at a meeting between the People Resources Manager or his designate and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final plant chairperson and binding on the Association, the employee or employees involved, and the Board of Education. If xxxxxxx in the event first day shift following the administrator elects legal action through the judicial systemincident, arbitration as a means of resolution does not applyproviding all parties are available.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 19.1 A grievance shall be defined as a dispute or complaint arising between the parties hereto under this Agreement or the interpretation, application, performance or any alleged breach thereof, and 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 other representative shall take it up with the Employee's immediate supervisor. The Employer shall give its answer to the Employee and his/her Union representative, within five working days after the presentation of the grievance at Step 1. In Step Two: If the event an administrator believes there grievance is basis for grievancenot settled in Step One, he/she shall first discuss the alleged grievance with may within fourteen (14) calendar days after the appropriate administrator either personally answer in Step One, be presented in Step Two to the Vice-President of Human Resources or accompanied by his/her Association representative. designee. When grievances are presented at Step 2. IfTwo, as a result of the informal discussion with the appropriate administrator a grievance still exists, it shall be reduced to writing within five and signed by the grievant or his/her Union Representative. Within seven (57) work calendar days after discussion and submitted to of receipt of the same administrator on written grievance, the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director Vice-President of Human Resources. The Executive Director of Human Resources , and/or his/her designee shall within five (5) work days schedule a meeting meet 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 SuperintendentUnion Representative(s). 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 calendar days of such a meeting. A copy of his/her decision , the Employer shall be furnished respond in writing to the administrator involved and the Association. Step 52 grievance. Step Three: If the grievance is not resolved at Section Bsettled in Step Two, Step 4 of the grievance procedure the Association Union may submit the grievance to arbitration in accordance with article 20. 19.2 Failure on the Federal Mediation part of the Employer to answer a grievance at any Step shall not be deemed acquiescence thereto, and Conciliation Service. It is understood that only grievances involving termination of employment (except in the case of termination of services Union may proceed to the next Step. 19.3 Anything to the contrary herein notwithstanding, a grievance concerning a discharge or failure to re-employ any probationary administrator)suspension may be presented initially at Step Two, or grievances not responded to at the Superintendent’s level 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 lacks 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. It is the intent of the parties that all grievances shall be filed and not processed promptly, but the time limits specified herein may be extended by written mutual agreement of the parties) would parties in writing (e-mail is an acceptable written format). The time limits set forth herein are substantive provisions and failure to comply with any such time limit by the union shall be subject a complete bar to arbitration under this grievance procedure. Written notice 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 assignment, directive, rule, regulation or management determination until a final decision has been made regarding the grievance, except where an employee has a reasonable belief that the environment posses a threat to their safety and health, a violation of their Nursing License or, in the intent to file for arbitration employee’s professional judgment, a danger to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applypatient.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. A grievance is defined as a complaint by an employee concerning the interpretation, application, or violation of any provisions of this Agreement. The procedure for adjusting a grievance shall be as follows: Step 1. In the event an administrator believes there is basis for grievance, he/she : An employee having a grievance shall first discuss the alleged grievance matter with his supervisor with the appropriate administrator either personally or accompanied by his/her Association representativeobject of resolving the matter informally. Employees may request Union representation during such discussion. Step 2. If, as a result of the informal discussion with the appropriate administrator a : Any grievance still exists, it not settled in Step 1 shall be reduced to writing writing, signed by the aggrieved employee and presented by the Committee member to the Chief of Police within five (5) work days after discussion and submitted to of the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION Boccurrence, STEP 2or, it shall be transmitted within five (5) work days of when the grievant had knowledge of the event giving rise to the Executive Director of Human Resourcesgrievance. The Executive Director xxxxxxx and the Chief of Human Resources Police shall, within five (5) 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 meeting. Step 3: Any grievance not settled in Step 2 shall be submitted by the Union Committee member to the City Manager or his designee within five (5) days after receipt of the Step 2 answer. The City Manager or his designee shall within five (5) work days schedule a meeting after receiving the grievance meet with the grievant Chief Xxxxxxx and the Association in an effort Labor Council field representative to resolve discuss the grievance. The Executive Director of Human Resources City Manager or his designees shall indicate his/her disposition of the grievance in writing render a written response within five (5) work days of such after the meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendent. Step 4. : If the aggrieved administrator or grievance remains unsettled, the Association is not satisfied with the disposition of the grievance or if no disposition has been made Union may, within five (5) work days after receipt of such meetingthe Step 3 answer, request either mediation or arbitration by submitting written notice to the City Manager or his designee. If mediation is requested and if the City mutually agrees the grievance may be transmitted to the Superintendent. Within ten (10) work daysshall, 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 after receipt of such meeting. A copy of his/her decision shall the Step 3 answer, be furnished submitted to the administrator involved and the AssociationNational Center for Dispute Settlement (NCDS) with a mutual request for submission to mediation pursuant to NCDS Grievance Mediation Rules. 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 probationary administrator)remains unsettled after mediation, or grievances if the parties did not responded mutually agree upon mediation pursuant to at Step 4, then within twenty (20) days after the Superintendent’s level conclusion of mediation, or within twenty (20) days after the time limits (and not extended by written agreement of Step 3 answer, whichever is applicable, the parties) would be subject to arbitration under this grievance procedure. Written notice of the intent to Union may file a Demand for arbitration to 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 delivered 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 on both the Employer and the Union. (a) Any grievance not appealed within the time limits from one step of the grievance procedure to the Superintendent next will be considered settled based upon the previous decision. (b) Any grievance not answered by management within 20 work days after receipt the time limits shall be considered appealed to the next step. (c) Any of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions steps of the grievance procedure as well as the time limits may be waived by mutual agreement allegedly violatedin writing. (a) Saturdays, shall state Sundays and holidays are excluded in the issue(sdetermination of the time limits specified in this article. (b) involved Any and all grievances resolved at any step of the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer grievance procedure prior to arbitration shall be final and binding on the AssociationCity, the employee or employees involvedUnion, and the Board of Education. If any and all unit employees involved in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyparticular grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11:01 The Employer and the Union agree that grievances and complaints shall be settled promptly. Should a dispute or a grievance arise between the Employer and the employee regarding the interpretation, meaning, operation or application of this Agreement, 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 dealt with in the following manner: An employee or employees having a grievance or complaint shall first present the same in writing to their Union Committee Member. Step 11 The employee or employees concerned together with their Union Committee Member or Chairperson shall, within such employee's next seven (7) calendar days after such grievance or complaint has arisen, reduce to writing citing the alleged violations and the particulars of the situation giving rise to the grievance to their immediate supervisor who shall reply in writing within seven (7) calendar days immediately following presentation of such grievance or complaint. In the event an administrator believes there is basis for grievancecase of grievances arising out of the Job Posting Procedures set forth in Article 10 of the within Collective Agreement, he/she employees having grievances related to their failure to obtain a posted position(s) shall submit their grievance in the first discuss instance at the alleged Step 3 level. A copy of the written grievance with will also be delivered to the appropriate administrator either personally or accompanied by his/her Association representativeLabour Relations Manager. Step 2. If2 Failing settlement under Step 1, as a result the Union shall, within seven (7) calendar days following receipt of the informal discussion supervisor's decision, refer the grievance or complaint in writing to the appropriate Administrative Director or Academic Xxxx. The Administrative Director or Academic Xxxx or designate accompanied by the Labour Relations Manager shall arrange to meet with the appropriate administrator Union within seven (7) calendar days of receipt of the grievance. The grievor may be invited to attend such meeting at the request of the Union. The Administrative Director or Academic Xxxx shall render a decision to the Union, in writing within seven (7) calendar days after such meeting. 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 still existsor 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, it 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 within five (5) work days after discussion citing the alleged violations and submitted the particulars of the situation giving rise to the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION Band, 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 rea Union grievance, signed by the President, Vice-employ any probationary administrator)President, or their appointee. In the case of a grievance by the Employer it shall be signed by the 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 settlement. 11:03 The Employer shall grant sufficient time to the Chairperson and/or Union Administrative Committee Member for the adjustment of grievances not responded 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, 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 such replies from the Superintendent’s level 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 not all time limits may, at any time, be extended by written mutual agreement of both parties. (b) In the partiesevent 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) would When no action is taken by the Union to submit the matter to the next Step in the grievance procedure (i.e. Step 1, 2,or 3) within the time limits set out in this Article 11, the grievance will be 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 next 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 arbitration the same limitations as an arbitrator under this Article 12 – Arbitration. (b) Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of a grievance procedurewhich the parties have agreed may be handled in a summary manner. Written notice The rules governing the summary proceeding of the intent to file for arbitration to Grievance Commissioner are set out in the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt schedule hereto. (c) The decision of the Superintendent’s Answer Grievance Commissioner shall only be applicable in Section Bthe 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, Step 4. The written notice shall identify the provisions decision of the agreement allegedly violated, shall state Grievance Commissioner shall: (i) Be consistent with the issue(sprovision(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applythis Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 17.01 The purpose of this Article is to establish a procedure for the settlement of all grievances. In A grievance is defined as any difference arising out of the event an administrator believes there is basis for grievanceinterpretation, he/she shall first discuss the application, administration or alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representativeviolation of this Agreement. Step 2. If, as a result 7.02 It is the mutual desire of the informal discussion with the appropriate administrator a parties that complaints of employees be adjusted as quickly as possible. It is understood that an employee has no grievance still exists, it shall be reduced until he has first given his immediate supervisor an opportunity to writing adjust his complaint within five (5) work working days after discussion and submitted of the time when the incident giving rise to the same administrator on complaint became known or ought reasonably to have become known to the form set forth in Appendix D.grievor. 7.03 Step 3. One If the grievance complaint is not satisfactorily resolved within two (2) working days, the committee person will then submit the grievance in SECTION B, STEP 2, it writing to the Supervisor/Manager. The Union Chairperson and/or Xxxxxxx and/or the grievor and the appropriate Company Representative shall be transmitted meet to discuss the grievance and the designated Company Representative shall give his/her decision in writing to the Union Chairperson within five (5) work working days to of the Executive Director receipt of Human Resources. The Executive Director of Human Resources shall the grievance. 7.04 Step Two Failing settlement at Step One, the Union may within five (5) work working days schedule refer the grievance to a meeting with of the grievant and the Association in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition local members of the grievance in writing committee and representatives of management, who shall meet within five (5) work working days of the request for such meeting, and shall furnish a copy thereof . The Union National Representative and/or President of the local union may be in attendance at this meeting. Management’s decision relating to the grievantgrievance shall be in writing and, if not rendered during the Associationconference, and shall be rendered to the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition Chairperson of the grievance or if no disposition has been made Committee within five (5) work working days after the holding of such meetingthe conference. Either may waive the meeting at this step and 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 Union Committee member, the grievor and the Company. 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 transmitted referred 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 arbitration under Article 8 provided written notice is given within ten (10) work working days of such meeting. A copy of his/her decision shall be furnished to following the administrator involved and the Associationdecision. 7.06 The Union or the Employer may initiate a policy grievance beginning at Step 5. If the grievance is not resolved at Section B, Step 4 Two of the grievance procedure. Such grievance shall be filed within seven (7) working days of the 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 Association 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 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement next step of the parties) would be subject to arbitration under this grievance procedure. Written notice . 7.08 Settlement in any step of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer grievance procedure shall be final and binding on 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 Associationparties or either of them unless they expressly provide a waiver thereof in writing. 7.09 The discipline, discharge, or lay-off of a probationary employee shall not be the subject of a grievance and/or arbitration pursuant to the provisions of this Agreement unless the probationary employee is discharged or employees involved, released for reasons which are discriminatory under the 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 grievance procedure are mandatory and any extension of the Board of Educationtime limits under the grievance procedure or for referring a grievance to arbitration must be made by mutual written agreement between the parties. If in In the event the administrator elects legal action through grievor fails to appeal a grievance on a timely basis as provided herein, the judicial systemgrievance shall be considered null, arbitration as 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 suspension or discharge. 7.12 The grievance procedure shall apply with any necessary modifications to a means group grievance, a Company or Union policy grievance, any of resolution does not applywhich may be presented at the Second Step of the grievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. In Informal Step‌ 9:01 It is the event mutual desire of the parties that complaints with respect to the application, interpretation, administration or alleged violation of this Agreement be addressed as quickly as possible and it is understood that an administrator believes there is basis for grievance, he/she employee or group of employees shall first discuss give the alleged immediate supervisor an opportunity to adjust a complaint before any grievance may be filed. This informal step must be initiated within thirty (30) working days after the employee became aware or ought reasonably to have become aware of the circumstance giving rise to the complaint. This step may also be satisfied by the Union raising the complaint with the immediate supervisor on behalf of the employee or group of employees, in which case the appropriate Human Resource Officer or designate will be given an opportunity to attend, or satisfied by the Union raising the complaint directly with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2Human Resource Officer. If, as a result of The parties will attempt to resolve the informal discussion with the appropriate administrator a grievance still exists, it shall be reduced to writing complaint within five (5) work working days after discussion and submitted from the date it was brought to the same administrator on attention of the form set forth in Appendix D. Step 3immediate supervisor or the Human Resources Officer. If Failing a satisfactory settlement within the grievance 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 working day period, than within a further five (5) work working days schedule the complaint may be taken up as a meeting grievance in the following manner: At any step of the grievance procedure, the grievor may be present at the meeting(s) if requested by either party. The University shall not be required to consider any grievance which was not filed within 25 working days after the grievor, became aware or ought reasonably to have become aware of the circumstances giving rise to the grievance. In the case of complaints related to conversion or unpaid (or improperly paid) wages, this informal step must be initiated within sixty (60) working days after the employee became aware or ought reasonably to have become aware of the circumstance giving rise to the complaint. If the decision at Step One is not satisfactory, the written grievance may be advanced by notifying the local Human Resource person, who shall forward a copy to the Principal, Xxxx, Division Head, Executive Director, Labour Relations or designate, or alternatively directly to Step Three within ten (10) working days after receiving the Step One decision in writing. The Principal, Xxxx, Division Head, Executive Director, Labour Relations or designate, shall, within ten (10) working days, meet with the grievant and the Association Union Grievance Committee (not to exceed two (2) in an effort number) in a further attempt to resolve the grievance. The Executive Director of Human Resources shall indicate Department Head or designate shall, within a further ten (10) working days, give his/her disposition of decision in writing to the Union. If the grievance in writing remains unsettled at the conclusion of Step Two, the written grievance may be advanced by notifying the local Human Resources person who shall forward a copy to the Vice-President, Human Resources and Equity or designate within five (5) work working days of such meetingafter receiving the Step Two decision in writing. The Vice-President, Human Resources and Equity or designate shall, within seven (7) working days, hold a meeting with the Union Grievance Committee (not to exceed two (2) in number), the Local Union President, and shall furnish a copy thereof staff representative of the Union, or his/her designate, in a further attempt to resolve the grievance. The Vice-President, Human Resources and Equity or designate shall, within a further seven (7) working days, give his/her decision, in writing, to the grievant, the Association, and the superintendentUnion. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition 9:02 At each step of the grievance or if no disposition has been made within five (5) work days of such process the University representative may have with him/her, at any grievance meeting, an equal number of University representatives to the number of Union Representatives. 9:03 If settlement of the grievance is not reached at Step Three, then the grievance may be transmitted referred in writing by either party to arbitration as provided in Article 11: Arbitration, at any time within sixty (60) working days after the decision is received under Step Three. If no written request for arbitration is received within this time period, the grievance shall be deemed to have been withdrawn and not eligible for arbitration. 9:04 When two or more employees with the same Department Head wish to file a grievance arising from the same alleged violation of this Agreement, such grievance may be handled as a group grievance and presented 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. University beginning at Step 5. If the grievance is not resolved at Section B, Step 4 One of the grievance procedure procedure. When two or more employees with different Department heads but with the Association same Principal/Xxxx/Division Head wish to file a grievance arising from the same alleged violation of this Agreement, such grievance may submit be handled as a group grievance and presented to the University beginning at Step Two of the grievance procedure. In any other case where two or more employees wish to file a grievance arising from the same alleged violation of this Agreement, such grievance may be handled as a group grievance and presented to the Federal Mediation University at Step Three of the grievance procedure. 9:05 A grievance arising directly between the University and Conciliation Servicethe Union (which could not be grieved by an individual employee) shall be initiated at Step Two. It is understood that only grievances involving termination Any grievance by the University or the Union as provided herein shall be commenced within fifteen (15) working days after the Union became aware or ought reasonably to have become aware of employment (except in the case circumstances giving rise to the grievance. This clause may not be used by the Union to initiate a grievance which directly affects an employee where said employee(s) could themselves have initiated a grievance pursuant to the provisions of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the this Article. 9:06 The time limits (and not provided in this Article may be extended by written mutual agreement between the parties in writing. Further, any step of the grievance process may be waived by mutual agreement of the parties) would be subject to arbitration under this grievance procedure. Written notice of the intent to file for arbitration . 9:07 Where no response to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice grievance is given within the 20 work day periodtime limit specified in the grievance procedure (or any extension thereof), the Superintendent’s answer shall grievance will be final and binding on deemed to have been advanced to the Association, next step of the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applygrievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 125.01 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. In 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 event an administrator believes there is basis for grievance, he/she complaint. Any complaint shall first discuss the alleged grievance be discussed 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 supervisor concerned within five (5) work working days after discussion and submitted the circumstances giving rise to the same administrator on the form set forth in Appendix D. Step 3complaint occurred or originated. If the grievance supervisor is not resolved in SECTION B, STEP 2, it shall be transmitted unable to adjust the complaint to the employee's satisfaction within five (5) work 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. Time limits mentioned in this Article may be extended with the written consent of both parties. 25.04 No grievance shall be considered or processed where the circumstances giving rise to the Executive Director of Human Resources. The Executive Director of Human Resources shall within it occurred or originated more than five (5) work working days schedule 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 meeting single grievance, signed by a xxxxxxx or a Union Representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with the grievant and the Association in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition at successive stages of the grievance in writing within five (5) work days of procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such meeting, and shall furnish a copy thereof grievance be referred to the grievantarbitration, the Association, and the superintendentmatter shall be adjudicated as a group grievance. Step 4. If the aggrieved administrator 25.06 The Union may initiate a policy grievance or the Association is not satisfied with the disposition Employer may initiate a grievance beginning at Step 2 of the grievance or if no disposition has been made within five (5) work days of such meeting, the procedure. Such a grievance may must 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 filed within ten (10) work working days of such meeting. A copy of his/her decision from the date on which the incident giving rise to the grievance became known or should have become known and 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer form prescribed in Section B, Step 41. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the Union may not institute a grievance directly affecting an employee or employees involved, which such employee or employees could themselves institute and the Board regular grievance shall not therefore be bypassed. A policy grievance shall be signed by a Union Representative and submitted to the Employer. An Employer grievance shall be submitted by the Employer to a Union Representative or to a xxxxxxx and shall be signed by a representative of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyEmployer. 25.07 Step 1

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. 16.1 In the event of a complaint by an administrator believes there is basis for grievanceemployee covered by this Agreement that they have been dealt with contrary to its terms, he/she shall first discuss the alleged employee may take the matter up as a grievance with the appropriate administrator either personally Employer within and not after 5 working days of the incident giving rise to the grievance; provided that in the case of wages or accompanied application of wages the matter shall be taken up as a grievance within a reasonable time after the employee became aware of the circumstances and if the grievance is successful the maximum wage adjustment shall be made effective not more than 30 regular working days prior to 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 his/her Association representativethe 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 present, shall present the grievance to the employee’s supervisor. The 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. If, 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 result member of the informal discussion Plant Committee and by a National Representative or Representatives of the Union. The Plant Manager or their nominee shall deal with the appropriate administrator a grievance still exists, it shall be reduced to and give an answer or decision in writing within five (5) work 3 working days after discussion and submitted to following the same administrator date on which the form set forth in Appendix D.grievance was received. Step 3. STEP 4 If the grievance is not resolved 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 in SECTION Bwriting and shall contain a concise statement of the facts complained of and shall state the Article of this Agreement of which a violation is alleged. A policy grievance shall be instituted within and not after 5 working days of the incident, STEP 2or when the party ought to have been aware of the incident whichever is later, giving rise to the grievance, otherwise 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 null 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, void and shall furnish a copy thereof to not be dealt with by the grievant, the Association, and the superintendentarbitrator under Article 17. Step 4. 16.5 If the aggrieved administrator or the Association is not satisfied with the disposition of the an employee fails to lodge their grievance or if no disposition has been made within five (5) work days of such meetingfails to observe the time limits set out in this Article, the grievance shall be null and void. 16.6 The time limits set out in Article 16 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by a mutual 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In 24.01 A grievance is a complaint involving the event an administrator believes there is basis for grievance, he/she shall first discuss the alleged grievance with the appropriate administrator either personally interpretation or accompanied by his/her Association representative. Step 2. If, as a result application of any of the informal discussion with provisions of this Agreement or a complaint that an employee or group of employees for whom the appropriate administrator Union is bargaining agent has, in any manner, been unfairly treated. When an employee has 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 3complaint he or she may first consult his or her immediate supervisor. If the grievance complaint is not resolved in SECTION B, STEP 2, it he or she may then follow the grievance procedure outlined below: Step 1: The Union shall be transmitted within five (5) work days present the grievance to the Executive Director of Human Resourcesemployee’s Second Line Supervisor. The Executive Director of Human Resources shall within five (5) work days schedule grievance will be processed and 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 decision rendered within ten (10) work working days of such meeting. A copy of his/her decision shall be furnished presentation by the Union to the administrator employee’s Second Line Supervisor unless the time period is extended by mutual consent. At the Union’s option, the employee involved and may attend whatever Step 1 meetings are conducted, if the Association. Step 5Union gives twenty-four (24) hours’ notice to the Supervisor who is conducting the meeting. If the grievance is not resolved at Section Binvolves a discharge, the Union may omit Step 4 of the grievance procedure the Association may 1 and submit the grievance directly to Step 2. Step 2: The Union may next present appeal to the Federal Mediation Director Level or a designated Second Level Manager. Grievances so appealed will be processed and Conciliation Service. It is understood that only grievances involving termination a written decision rendered within ten (10) working days of employment (except in the case receipt of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within appeal unless the time limits (and not period is extended by written agreement mutual consent. At the Union’s option, 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 partiesBargaining Committee or a designated representative. Grievances so appealed will be processed and a written decision rendered within fifteen (15) would working days of receipt of appeal unless the time period is extended by mutual consent. At the Union’s option in discharge and suspension cases, the employee may attend whatever Step 3 hearing is conducted, if the Union gives written notice to the Labor Director at least ten (10) days prior to such hearing. 24.02 Grievances must be subject presented initially within thirty (30) calendar days of the occurrence which gave rise to arbitration under this 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 notice appeal must be received by the Company representative designated and authorized to handle grievances at Steps 2 and 3 within ten (10) calendar days 24.03 Disposition of any grievance not appealed within the specified time limits shall be considered final. Failure of the intent Company to file for arbitration process a grievance and render a decision within the specified time limit entitles the Union to appeal it to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt next step of the Superintendentgrievance 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 Answer in Section B, Step 4. The specific written notice shall identify the provisions request such personnel records may be reviewed by a Union Representative. 24.05 Once a Union representative has notified a Company representative of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day perioda grievance, the Superintendent’s answer shall be final and binding on Company will not discuss the Association, matter with the individual employee or employees involvedinvolved without first affording a representative of the Union an opportunity to be present, at a time and place mutually agreeable to the Union and the Board Company. 24.06 The Company recognizes the right of Education. If 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 event Company at any time and such grievances may be adjusted without the administrator elects legal action through intervention of the judicial systemUnion as long as the adjustment is not inconsistent with the terms of the collective bargaining agreement, arbitration as a means of resolution does not applyprovided that the Union has been given an opportunity to be present at such adjustment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step A. GENERAL PROVISIONS 1. In the event an administrator believes there is basis for A grievance, within the meaning of the grievance and arbitration provisions of this Agreement shall consist of any dispute arising under and during the life of this Agreement which pertains to the 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 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 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 II of the Grievance Procedure to be clearly inappropriate, 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 shall first informs the University’s designated Step I Representative of a grievance, may discuss the alleged grievance with the appropriate administrator either personally University Representative or accompanied by may request such University Representative to call the Xxxxxxx of his/her Association representative. Step 2District who shall be called in a reasonable period of time. If, as a result of The Xxxxxxx may discuss the informal discussion grievance with the appropriate administrator a grievance still exists, it shall be reduced to writing within five (5) work days after discussion grievant and submitted to the same administrator on the form set forth in Appendix D. University’s Step 3I Representative. If the grievance is not resolved in SECTION Bresolved, STEP 2the Xxxxxxx may, it shall if he/she believes the grievance has merit, reduce the grievance to writing on a fillable pdf form which will be transmitted within five (5) work days developed by the Employer and the Union, and submit same 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 superintendentdesignated University Step II Representative via electronic delivery. 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 SuperintendentC. STEP II 1. Within ten (10) work daysworking days from the date the grievance is presented, the Superintendent University’s Step II Representative shall investigate arrange and hold a meeting with the 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 grievance remains unresolved, and the Union wishes to appeal the grievance, including holding a meeting which gives the aggrieved administrator and Chairperson of the Association a reasonable opportunity to be heard. The Superintendent shall answer the grievance in writing Bargaining/Grievance Committee or his/her designee must, 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 probationary administrator), 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 be delivered to the Superintendent within 20 work working days after receipt of the Superintendent’s Answer Step II answer by the Union, request in Section Bwriting via electronic delivery (i.e., Step e-mail) a meeting with the Director of Labor and Employee Relations or his/her designated representative. 2. Within ten (10) working days after receipt of the written 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. 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. The written notice Within fifteen (15) working days after this meeting, the Director of Labor and Employee Relations, or his/her designee, shall identify communicate his/her decision, in writing via electronic delivery (i.e., e-mail), to the provisions Chairperson of the Bargaining/Grievance Committee with a copy to the International Representative to be sent via electronic delivery (i.e., e-mail). Any agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer reached at Step III shall be final and binding on binding. Grievance responses will be sent via electronic delivery (i.e., e- mail) to a union group email address that will be provided by the Association, Union to the employee Director of Labor and Employee Relations or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyhis/her designee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1A. A grievance shall be defined as a dispute between the County and The Association arising over the interpretation or application of a specific aspect of this agreement which is not a Management Right. In Grievances as defined above shall be resolved pursuant to this Article. This Article shall not apply to disciplinary action of any form covered by Article 9. B. An Association grievance committee shall be established consisting of three members. Such committee shall be selected in a manner to be determined by the event an administrator believes there Association membership. The purpose of the Association grievance committee is basis for to aid the Association and employee in resolution of grievances or to determine whether to pursue the matter through the grievance procedure. C. If the employee feels he/she has a grievance, he/she shall first discuss take up the alleged grievance matter with the appropriate administrator either personally or accompanied by his/her Association representativeimmediate supervisor within 10 days after the employee becomes aware of the event giving rise to the grievance. Step D. The immediate supervisor shall make every attempt to reach an acceptable solution to the problem within 10 days after it has been submitted to him. Any grievance settlement shall be approved in writing by the Department Head and the County Manager. E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within 10 days after the event giving rise to the grievance, the Association shall submit the grievance in writing to the immediate supervisor, the Department Head and provide the following information: 1. The employee’s name; 2. If, as a result The employee’s position classification; 3. The employee’s department; 4. A complete statement of the informal discussion with nature of the appropriate administrator a grievance still exists, it citing the specific section of this agreement which is the basis for the grievance; 5. Any attempts made to resolve the problem; 6. A proposed solution to the grievance; 7. Signature of the President of the Association; and 8. The date the grievance arose and the date the employee signed the statement. F. The Association grievance committee and the immediate supervisor shall attempt to resolve the matter. Any grievance settlement shall be reduced to approved in writing within five (5) work days after discussion by the Department Head and submitted to the same administrator on the form set forth in Appendix D. Step 3County Manager. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted settled within five (5) work 10 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 after receipt of the written grievance by the County officials as described in writing within five (5) work days of such meetingparagraph E above, 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 written grievance with the information outlined above to the County Manager. The County Manager shall arrange for any meetings and investigations necessary to enable him to respond in writing to the Association regarding the grievance within 10 days from the date he received said grievance. G. If the matter is not settled in the previous step within 3 days after receipt of the written response from the County Manager, the Association may, within 10 days of receipt of the County Manager’s decision notify the County Manager in writing of its desire to submit the matter to an arbitrator; or, at the Association’s option to the County Commissioners. If arbitration is chosen, the arbitrator shall be selected from a panel of 7 arbitrators provided by the Federal Mediation and Conciliation Service. H. The decision of the arbitrator, or if selected of the County Commissioners, shall be final and binding. It The decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on the issues submitted. I. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is understood that only grievances involving termination in violation of employment the terms of this agreement. Nor will the arbitrator, or if selected the County Commissioners, have any power to amend, modify, add or delete provisions of this agreement. J. The fees and expenses of the arbitrator shall be borne equally by the parties. Costs and fees associated with the use of a court reporter including the copies of transcripts (except 1 per party and original for arbitrator) shall be shared equally by the parties K. The time limits specified in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not preceding sections may be extended by written the mutual agreement of the parties) would be subject to arbitration under this grievance procedure. Written notice . L. The Association shall furnish the County with the names of the intent members of the Association grievance committee. M. Any employee, informally seeking, or formally filing a request to have his/her grievance reviewed, shall not be discriminated against while doing so or testifying on behalf of another employee or assisting another employee to prepare a grievance report or acting as a representative of any employee requesting a grievance review. N. For purposes of this Article, the term “day” means any day Monday through Friday excluding holidays. O. The time limits set forth in this Article shall be strictly construed. If the Association fails to file for arbitration and/or process the grievance in a timely manner, it shall be conclusively presumed that the grievance is withdrawn with prejudice or has been satisfied. P. If the County fails to respond to the Federal Mediation and Conciliation Service shall be delivered grievance in the time limits established in the preceding sections the matter automatically moves to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applynext step.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. ‌ 9:01 An employee having a grievance arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement, will first take up the grievance within fifteen (15) working days after the occurrence of the matter which is the subject of the grievance with their supervisor who will attempt to adjust it. Step 1One‌ 9:02 Failing satisfactory settlement under Article 9:01, the grievor shall submit the grievance in writing within fifteen (15) working days of the occurrence of the matter. In Within ten (10) working days of the event an administrator believes there is basis for submission of the grievance, he/she the designated authority and the grievor shall first discuss the alleged grievance with the appropriate administrator either personally or meet. The grievor, at their option, may be accompanied by his/her Association representative. Step 2a Union Representative. IfThe designated authority shall give their answer in writing, 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 working days after discussion and submitted to the same administrator on grievance meeting. For the form set forth in Appendix D.purpose of this article, the definition of “writing” includes written letter, facsimile or electronic mail. Step Two‌ Step 3. 9:03 If the grievance is not resolved in SECTION Bsettled at Step One, STEP 2, it shall a written grievance may be transmitted referred to the Director of Labour Relations or a designate representative of Labour Relations by the Union within five (5) work working days to of receiving an answer in writing from Step One. A meeting shall be arranged by the Executive Director of Human Resources. The Executive Director Labour Relations or a designated Representative of Human Resources shall within five (5) work days schedule a meeting Labour Relations with the grievant grievor and a representative of the Association Union within ten (10) working days of the receipt of the grievance in an effort order to resolve the grievancedispute. The Executive Director of Human Resources Labour Relations or a designate representative of Labour Relations shall indicate his/her disposition of the grievance give their reply in writing within five (5) work working 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 settled at Section Bthis meeting. Group Grievance‌ 9:04 Where it appears that two (2) or more employees have the same grievance, Step 4 of the Union shall process the grievances as one (1) grievance subject to all applicable provisions under the grievance procedure procedure, provided that such grievance shall commence at Step 1. Policy Grievance‌ 9:05 Should any difference arise between the Association may submit Employer and the grievance Union as to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination interpretation or alleged violation of employment (except in the case of termination of services or failure to re-employ any probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of this Agreement affecting the agreement allegedly violatedUnion as such, shall state or the issue(s) involved employees as a whole, both the Union and the relief requestedEmployer shall have the right to file a grievance as outlined in Article 9:04 at Stage 2. If no such notice is given within the 20 work day period, the Superintendent’s answer This procedure shall not be final and binding on the Association, the employee utilized to circumvent a grievance which should properly be brought as an individual or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applygroup grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In 1 Both parties acknowledge that it is desirable to resolve problems between the event an administrator believes there is basis for grievance, he/she shall first discuss grievant and the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result of the School District designee through free and 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 3communication. If the grievance is not resolved through informal discussions, then within twenty (20) days following the occurrence giving rise to the grievance, or within twenty (20) days of the time the grievant should have known of the alleged grievance, the grievant or the Association may present the grievance in SECTION Bwriting to his/her immediate supervisor, STEP unless the supervisor is the subject of the grievance, in which case the grievant may move to Step 2. In either case, it the supervisor shall be transmitted set a meeting to take place within five (5) work days following the receipt of the grievance. The grievant, Association representative and supervisor, and the representative of the supervisors, should he/she desire one, shall be present for the meeting. The written response will be given the grievant within ten (10) days after the meeting. A copy of the grievance and decisions will be sent to the Executive Director superintendent and the chairperson of Human Resources. The Executive Director the Board. Step 2 Within fifteen (15) days of Human Resources shall the meeting at Step 1, or within five (5) work days schedule a meeting with of the rendering of the decision of Step 1, if 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 and/or the Association is not satisfied with the disposition of the his/her grievance in Step 1, or if no disposition decision has been made rendered within fifteen (15) days, after presentation of the grievance, then the grievance may be referred to the superintendent or his/her official designee. The superintendent shall arrange for a meeting with the grievant, the Association representative and the representative of the superintendent if desired by the superintendent, to take place within five (5) work days of his/her receipt of the appeal. The parties in interest shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop the facts pertinent to the grievance. Upon conclusion of the meeting, the superintendent will have ten (10) days to provide his/her written decision. Copies of the decision with reasons and the grievance will be filed with the grievant, the Association representative, the superintendent, and the chairperson of the Board. Step 3 If the grievance has not been resolved at Step 2, the grievance may be transmitted presented to the SuperintendentBoard of Trustees within fifteen (15) days of the meeting at Step 2 or within five (5) days of the rendering of the decision in Step 2, or if no decision has been rendered within fifteen (15) days after presentation of the grievance to the superintendent. Within The Board or a committee or representative(s) thereof shall within fifteen (15) days meet to hear the grievance. After the meeting the Board of Trustees shall have a maximum of ten (10) work days, the Superintendent shall investigate the grievance, including holding a meeting days in 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 rendering their 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.with reasons.‌

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

GRIEVANCE PROCEDURE. Step 1. In a. The employee shall orally present the grievance to the immediate supervisor within fourteen (14) calendar days following the event an administrator believes there or events upon which the grievance 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 3based. If the employee and the immediate supervisor are both in the unit, the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days presented to the Executive Director of Human Resourcesnext higher level supervisor not included in the unit. If the employee elects to be represented (per Guidelines under Article 25, Section B.3), upon notification to the immediate supervisor, the employee may be assisted by a representative in presenting the grievance. b. The Executive Director of Human Resources immediate supervisor shall within five (5) work days schedule make whatever investigation deemed necessary and shall arrange a meeting with the grievant and employee to discuss the Association in grievance and, if possible, resolve it. The supervisor shall give an effort answer to resolve the employee within fourteen (14) calendar days following the oral presentation of the grievance. The Executive Director of Human Resources If the employee has requested to be represented, the representative shall indicate his/her disposition of be given the grievance in writing within five (5) work days of such opportunity to attend the meeting, and shall furnish a copy thereof to be informed of the grievant, immediate supervisor's decision on the Association, and the superintendentgrievance. Step 4. c. If the aggrieved administrator or the Association employee is not satisfied with the disposition decision of the immediate supervisor, upon indicating the specific areas of disagreement, appeal to Step 2 can be made. a. If the employee desires to appeal his/her grievance to Step 2, there shall be submitted in writing, the specific grievance and areas of disagreement, on a grievance form to the department head, within fourteen (14) calendar days following receipt of the immediate supervisor's decision at Step 1. The Union may file a grievance on the employee’s behalf by completing the grievance form and submitting it to the department head or Human Resources within fourteen (14) working days of the step one decision. b. The written grievance must contain a complete statement of the complaint, the facts upon which it is based, the employee's reasons for the appeal, and the remedy being requested. The grievance form shall be signed and dated by the employee(s) and/or union representative. c. The department head and the Director of Human Resources, or their designated representatives, shall attempt to resolve the grievance and shall arrange a meeting with the employee(s) and his/her appropriate representative. A decision, in writing, shall be given to the employee within fourteen (14) calendar days following the receipt of the written appeal or conclusion of the appeal meeting whichever is later. d. If the written response is not provided within fourteen (14) workdays of the Step 2 meeting than the grievant may appeal to Step 3 unless the reason the response has not been provided is because information requested from the grievant or Union has not been provided. In that situation, the response is not due until after the decision maker is provided with the requested information. e. If the employee is not satisfied with the Step 2 decision upon indicating areas of specific disagreement, appeal of the grievance or if no disposition has been made within five (5) work days of such meeting, the grievance to Advisory Arbitration for resolution may be transmitted to the Superintendent. Within ten (10) work daysmade, 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 appeal of services or failure to re-employ any probationary administrator)an oral reprimand, or grievances not responded to at in which case Step 2 shall constitute 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyappeal.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE PROCEDURE. Step 1. In 6.01 No grievance shall be considered if the event an administrator believes there is basis for circumstances giving rise to it occurred or originated more than ten (10) full workdays before the filing of the grievance, he/she except in the case of an error in the calculation of wages. 6.02 Grievances properly arising under this Agreement shall first discuss the alleged grievance with the appropriate administrator either personally be adjusted and settled as follows: Step 1 The employee alone or accompanied by his/her Association representative. Step 2. If, as a result his Union representative shall submit his grievance to the Chief Engineer within ten (10) workdays after the occurrence of the informal discussion with incident which is 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 grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director subject matter 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 Chief Engineer shall have a maximum of Human Resources shall indicate his/her disposition two (2) workdays subsequent to the grievance being submitted to meet and to discuss the grievance with the employee and to give his decision. Step 2 Grievances not resolved at Step 1 may be submitted to the Plant Engineer within two (2) workdays of the grievance in writing within five (5) work days Chief Engineer’s answer at Step 1. The nature of such meeting, and shall furnish a copy thereof to the grievantgrievance, the Associationremedy sought, and the superintendent. Step 4. If the aggrieved administrator section or the Association is not satisfied with the disposition sections of the grievance or if Agreement which are alleged to have been violated shall be stated in writing, signed by the employee and the Union representative. Should no disposition has been made satisfactory settlement be reached within five two (52) work days of such meetingworkdays, the grievance may be transmitted submitted in writing at Step 3 within two workdays following receipt of the written decision at Step 2. Step 3 Grievances not resolved at Step 2 may be submitted to the SuperintendentPlant Manager or their designated representative by the Union representative. Within ten Such grievances may be discussed at a meeting between the Union representative and the Plant Manager or their designated representative. Step 4 Grievances not resolved at Step 3 may be submitted to the Director of Human Resources, or their designated representative, by a business representative of the Union or their designated representative, within two (102) work daysworkdays of the meeting at Step 3. At any meeting held at this stage, the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator and the Association a reasonable opportunity to Union representative may be heardin attendance. The Superintendent Director of Human Resources, or their designated representative, shall answer the grievance in writing within ten one (101) work days calendar week of such meeting. A copy of his/her decision shall be furnished the matter being referred to the administrator involved and the Associationthem. 6.03 Grievances not settled at Step 5. If 4, and which concern the grievance interpretation, application, administration, or alleged violation at this Agreement, including the question of whether a matter is not resolved at Section Barbitrable, Step 4 which have been carried through all the steps of the grievance procedure outlined above, may be referred to arbitration as provided in Article VII hereof. 6.04 The Union representative is expected to settle grievances without loss of working time. The representative of the Association Local Union, an employee of the Company, will be afforded time off from his work to assist in the administration of this Agreement as may submit be required, provided that arrangements for such time off shall first be made with the Plant Management to avoid interference with the plant operations. When conferences between the representative and the Plant Management are such that they can only be held at the plant and during the regular working hours of such representative, there shall be no loss of earnings to the employee participating in such conferences. 6.05 The procedure for the settlement of grievances provided for herein, and including the provision of Article VII, shall be available to the Company as well as to any employee or the Union. Any Company or Union grievances will be first discussed at Step 3 of 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the procedure. 6.06 All time limits (referred to in this Article and not in Article VII shall be exclusive of Saturdays, Sundays, and holidays recognized in this Agreement. Time limits may be extended by written agreement in writing 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 be delivered to the Superintendent within 20 work days . 6.07 Remove discipline after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply18 months.

Appears in 2 contracts

Samples: Labour Agreement, Labour Agreement

GRIEVANCE PROCEDURE. Section 1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, 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 is a grievance that involves more than three (3) specifically named 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 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 procedures: Step 1. In the event that an administrator employee believes there is a basis for a grievance, he/she said employee and/or a Union representative shall first discuss present a formal grievance in writing to 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 employee’s division head within five (5) work working days of the date of the occurrence of the event giving rise to the grievance. The formal grievance shall be presented on the designated form, signed by both the grievant (s) and a representative 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 five (5) working days after discussion and submitted the written answer above to the same administrator on Port Director, or his/her designee, who will, within five (5) working days of the form set forth receipt of same, meet with a representative of the Federation in Appendix D.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 grievance 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 by the Department Director or a designee, or if no disposition has been made within five (5) work days of such meetingthe specified time limit, the grievance may be transmitted 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 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 SuperintendentPort Director, or his/her designee who shall, within five (5) working days of the receipt of the same, meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting the 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) work days, working days from the Superintendent shall investigate date the grievance, including holding a meeting County fixes the responsibility for the incident upon which gives the aggrieved administrator and the Association a reasonable opportunity to be hearddischarge and/or suspension is based. The Superintendent shall answer County's failure to comply with the grievance in writing within ten (10) work days working day period shall constitute a waiver of such meetingits rights to take any disciplinary action against the employee or employees, including, but not limited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. A copy of his/her decision Section 5 The time limitations provided in this Article shall be furnished to the administrator involved strictly observed 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 shall be extended only grievances involving termination of employment (except in the case of termination of services or failure to re-employ any probationary administrator), 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 . In the event that the County fails to arbitration under 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. Written notice In the event that the Federation fails to comply with any of the intent to file for arbitration to aforesaid time limitations in Steps 1 and 2 of the Federal Mediation and Conciliation Service grievance procedure or Sections 3 and/or 4 of this Article, the grievance shall be delivered to deemed denied and no relief granted. If a grievance meeting is re-scheduled at the Superintendent within 20 work days after receipt request of either of the Superintendent’s Answer in Section Bparties, Step 4. The written notice shall identify the provisions time-frames will be automatically extended to allow for re-scheduling of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applygrievance meeting.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1A grievance is a complaint, dispute, or controversy arising under and caused by an event which occurs during the term of this Agreement and which involves the meaning, interpretation, and application of any provision in this Agreement. In The parties agree that an orderly and expeditious resolution of complaints and grievances arising out of the event an administrator believes there is basis interpretation of this Agreement shall provide for grievance, he/she a five-step process. An xxxxxxx effort shall be made to settle grievances promptly and equitably at the lowest possible administrative level in accordance with the following procedure: An employee with a tentative grievance shall first discuss it with his/ her immediate supervisor within twenty (20) working days of the alleged grievance with event causing the appropriate administrator either personally grievance, or, when using reasonable diligence, the grieving party could have known of its occurrence. (In case of employees regularly employed at a school building, immediate supervisor shall mean the principal or accompanied by his/her Association representativedesignee. Step 2. If, as a result of the informal discussion with the appropriate administrator a grievance still exists, it ) An xxxxxxx effort shall be reduced made to writing within five (5) work days after discussion and submitted to resolve the same administrator on the form set forth problem at this level in Appendix D. Step 3an informal manner. If the oral discussion of the grievance is not resolved fails to resolve the matter, the grievance may be further processed as follows: Level 1 - The employee shall present the grievance, in SECTION Bwriting, STEP 2, it shall be transmitted within five (5) work days to the Executive Director of Human Resourcesimmediate supervisor within twenty (20) working days following the oral discussion. The Executive Director of Human Resources shall within five (5) work days immediate supervisor must schedule a meeting hearing with the grievant and within three (3) working days after the Association in an effort to resolve submission of the grievance. The Executive Director grievance shall be on and in accordance with a form to be provided by the Personnel Department and available at the office of Human Resources the immediate supervisor. Following a discussion with the employee and the Association representative, the immediate supervisor shall indicate his/her disposition of answer the grievance in writing within five (5) work working days of such meetingfollowing the hearing. Level 2 - If the answer at Level 1 fails to resolve the grievance, and the employee and/or the Association shall furnish a copy thereof refer the grievance to the grievant, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition Director of the grievance or if no disposition has been made Personnel Services within five (5) work working days of such meetingthe receipt of the Level 1 answer. The reference shall state the grounds for appeal, and the Director of Personnel Services shall schedule a Level 2 hearing to be held within five (5) working days of receipt of said reference. Following the hearing with the employee and/or the Association, the grievance may be transmitted to the Superintendent. Within ten (10) work days, the Superintendent Director of Personnel Services shall investigate answer 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 writing, within ten (10) work days of such meetingworking days. A copy of his/her decision shall be furnished to the administrator involved and the Association. Step 5. Level 3 - If the grievance is not resolved settled at Section BLevel 2, Step 4 of the grievance procedure employee and/or the Association may submit the grievance to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination shall, within five (5) working days of employment (except in the case of termination of services or failure to re-employ any probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section BLevel 2 answer, Step 4. The appeal to the Board by filing a written notice shall identify stating the provisions basis for appeal with the Superintendent of the agreement allegedly violated, shall state the issue(s) involved and the relief requestedSchools. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and A meeting with the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.shall occur within fifteen

Appears in 2 contracts

Samples: Master Contract, Master Contract

GRIEVANCE PROCEDURE. Step 18.01 It is the 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. In For the event purposes of this Article, “working days” shall be defined as Monday to Friday. (a) If an administrator believes there employee has any complaint or questions which he wishes to discuss with 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 basis for 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 satisfaction of the employee concerned within three (3) full working day, then the following steps of the grievance procedure may be invoked in order; 8.03 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 decision of the immediate Supervisor is given to the employee, the employee must, with a Union xxxxxxx, present his 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 which shall be reduced to writing within five (5stating the specific article(s) work days after discussion and submitted section(s) of this agreement allegedly violated on a form supplied by the Union, signed by the employee, to the same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 Manager, or his designate, who shall within five (5) work days schedule a meeting with consider it in the grievant presence of the person or persons presenting same and the Association in an effort to resolve the grievance. The Executive Director of Human Resources Manager, or his designate, shall indicate his/her disposition of the grievance render his decision in writing within five (5) work working days of such meeting, and shall furnish a copy thereof to following the grievant, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition presentation of the grievance to him. STEP NO. 2 Within six (6) working days after the decision is given at Step No. 1, or if no disposition the time limit has been made within five (5) work days of such meetingexpired, whichever occurs first, the grievance may be transmitted referred to the SuperintendentVice President or his designate. Within ten (10) work days, A meeting shall be held between the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator Union Grievance Committee and the Association Company within twelve (12) working days. At this meeting, a reasonable opportunity to representative of the International Union and the Grievor may be heardpresent. The Superintendent shall answer decision of the grievance in writing within ten (10) work days of such meeting. A copy of his/her decision Vice-President or his designate shall be furnished given within seven (7) working days after the meeting referred to herein is held. 8.04 A policy grievance arising directly between the administrator involved Company and the Association. Step 5. If Union concerning the grievance is not resolved at Section Binterpretation, Step 4 application or alleged violation 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 probationary administrator), 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 Agreement shall be delivered to originated under Step 2, and shall be submitted in writing, and shall provide the Superintendent within 20 work days after receipt of the Superintendent’s Answer information as spelled out in Section BStep 1 hereof. However, Step 4. The written notice shall identify the provisions of this paragraph must not be used to institute any grievance directly affecting an employee which could have been instituted through the agreement allegedly violated, shall state regular grievance procedure as the issue(sindividual and policy grievance procedures are mutually exclusive. Any grievance by the Company or the Union as provided in this paragraph must be commenced within twelve (12) involved working days after the Company or the Union became aware or ought to have become aware of the circumstances giving rise to the grievance. 8.05 All decisions arrived at between the employer and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer Union shall be final and binding on upon the AssociationCompany, the Union, and the employee or employees involved, and concerned. 8.06 Time limits may only be extended by mutual written consent of the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyparties to this Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 13.01 The purpose of this Article is to establish a procedure for the settlement of grievances. A grievance is any complaint, dispute, or controversy between an employee or the Union and the Company relating to the interpretation, application, administration or alleged violation of this Agreement and any question as to whether a matter is arbitrable. 13.02 The grievance procedure shall be as follows: Step 1. In the event an administrator believes there is basis for grievance, he/she shall 1 An employee will first discuss his complaints with his immediate Supervisor or Designate Supervisor, and if not satisfactorily resolved, the employee's complaints relating to the interpretation, application, administration or alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result violation of the informal discussion with the appropriate administrator a grievance still exists, it this Agreement shall be reduced to writing by the employee and his committeeperson on the form provided for this purpose setting forth the Agreement provisions which it is claimed were violated and the relief requested, and submitted to the employee's immediate Supervisor within three (3) working days after the occurrence of the facts giving rise to the grievance. The employee will be represented by their committeeperson at any meeting with the Supervisor. Within three (3) working days after the 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 his designate within five (5) working days of delivery of the 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) work working days after discussion of the meeting. The above-mentioned grievance procedure shall apply to "group grievances" and submitted to the same administrator on the form set forth in Appendix D. Step 3"Union and Company policy grievances". If the grievance is not resolved in SECTION B, STEP Step 2, it shall be transmitted within five then the Union may demand arbitration pursuant to paragraph 14.00 of this Agreement. 13.03 If any grievance involves more than three (53) 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 grievantemployees, 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 committeeperson will present the grievance to the Federal Mediation Supervisor by completing the form provided for grievances at Step 1 and Conciliation Service. It is understood that only grievances involving termination of employment (except delivering it to the Supervisor. 13.04 Any time limitation specified in the case paragraphs may be extended by mutual agreement of termination of services the parties set forth in writing only. Any complaint or failure grievance not filed or not appealed to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level next step within the time limits (and not extended permitted by written agreement this Agreement shall be considered settled on the basis of the parties) would last decision and shall not be subject to arbitration under this further consideration. If the Company fails to respond within the time limits, the grievance procedure. Written notice of the intent to file for arbitration will advance to the Federal Mediation next step. 13.05 The Union shall have the right to have the Chairperson and Conciliation Service 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 delivered in addition to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If meetings referred to in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applygrievance procedure above.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. The Company and the Union agree that the Grievance Procedure contained herein is adequate to provide a fair and final determination of all grievances arising under the 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. In the event an administrator 1 Any employee who believes there is basis for grievance, that he/she has a justifiable complaint shall first within thirty (30) days of the incident discuss the alleged grievance complaint with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. IfSupervisor, with or without the Grievance Committee-person being present, as a result of the informal discussion 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 up with the appropriate administrator employee’s Supervisor in 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 grievance 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 sincere effort to resolve the grievanceproblem. The Executive Director 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 Human Resources a complaint in Step 1 shall indicate his/her disposition 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 complaint is not settled in Step 1, the Grievance Committee-person can refer it to Step 2 by completing a written grievance form within three (3) days 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 superintendentSupervisor’s oral response. Step 4. If 2 In order to be considered further, a grievance shall be filed by the aggrieved administrator or the Association is not satisfied Union with the disposition of the grievance or if no disposition has been made within five (5) work days of such meetingHuman Resources Manager, 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 receipt of the written grievance, by proper notation on such meetingwritten grievance. A copy The second step meeting shall include the grievant and three other Union representatives of the Union’s choice. The Company will be represented by the Human Resources Manager or his/her decision 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 furnished limited to the administrator involved and time required for their testimony. Grievances discussed at Step 2 shall be answered by the Association. Step 5. If Human Resources Manager, which shall be given to the grievance is not resolved at Section B, Step 4 Grievance Committee within fifteen (15) days after the date of the Step 2 meeting unless a different date is mutually agreed upon. The Human Resources Manager shall have the authority to settle any grievance procedure before him/her. The Chairperson of the Association may submit 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 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 probationary administrator)be considered further, 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 appeal shall be served to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent Human Resources Manager, within 20 work fifteen (15) days after receipt of the SuperintendentStep 2 answer, by the representative of the International Union. Discussion of the appealed grievance shall take place at the earliest date of mutual convenience following receipt of the notice of appeal, but not later than thirty (30) days thereafter unless either party shall request in writing, with reasons therefore, that the meeting take place at a later date. Grievances discussed in such meeting shall be answered, in writing, by the Human Resource Manager or his/her designee within fifteen (15) days after the 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 Answer in Section Bcontractual analysis of the issues presented by the grievance; the Company’s answer, Step 4and shall form a part of the written grievance. The Human Resources Manager or his/her designee of the Company shall have authority to settle the grievance. The designated representative of the International Union shall have authority to settle, withdraw, or appeal the grievance to Arbitration. The designated representative of the International Union may by written notice shall identify served on the provisions designated representative of the agreement allegedly violatedCompany within thirty (30) days from receipt of the Company’s Step 3 response, shall state appeal the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applygrievance to Arbitration.

Appears in 2 contracts

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

GRIEVANCE PROCEDURE. Section 11.1. A grievance is defined as an allegation that the terms of this Agreement have been violated. Resolution of a grievance shall be pursued in accordance with the following steps. Section 11.2. Step 1. In the event an administrator believes there is basis for grievance, he/she shall first : An employee who has a grievance may discuss the alleged grievance with his immediate supervisor if an oral discussion may be conducive to resolving the appropriate administrator either personally or accompanied by his/her Association representative. Step 2matter. IfIf a settlement satisfactory to the aggrieved employee is reached during said oral discussion, as such settlement shall be final and binding upon both parties. If an oral discussion does not produce a result of satisfactory settlement, the informal discussion with employee will be obligated to file a written grievance within the appropriate administrator a time period set forth herein. A grievance still exists, it shall be reduced to writing within five and set forth the details of the grievance (5i.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) work days after discussion and shall be submitted to the same administrator immediate supervisor within ten (10) business days after the event or knowledge of the event which is the cause of the grievance. The date following the event or knowledge of the event shall be considered the first day of the ten (10) business day period. The immediate supervisor must give his answer to the grievance in writing within ten (10) business days following the date on which the grievance was presented to him. Section 11.3. 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 grant the employee the right to submit the grievance within ten (10) business days to the Major or Captain who shall rule on the form set forth merits of the grievance and must respond in Appendix D.writing within ten (10) business days. Section 11.4. Step 3. : If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days by the Major or Captain 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 satisfaction of the grievance in writing aggrieved employee 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 daysbusiness day time period, the Superintendent employee may then refer the matter to the Sheriff or designee 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 investigate commence on the grievance, including holding a meeting which gives day following the aggrieved administrator and end of the Association a reasonable opportunity ten (10) business day period granted to be heardthe Major or Captain. The Superintendent shall Sheriff or designee must answer the grievance in writing within ten (10) work business 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 date 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in grievance. Section B, 11.5. Step 4. The written notice shall identify : A grievance unresolved at Step 3 may be submitted to arbitration upon request from the Benevolent Association in accordance with the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applythis Article.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 16.01 An employee shall have the right to grieve any complaint arising from the application, interpretation, administration or alleged violation of this Agreement. In the event an administrator believes there It 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 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 until the employee, with the appropriate administrator assistance of a grievance still existsUnion representative if so desired, has given his or her immediate supervisor an opportunity to resolve the complaint. 6.02 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 reduced to writing discussed with his or her supervisor within five thirty (530) work days after discussion and submitted of when the circumstances giving rise to the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days were known or should reasonably have been known to the Executive Director grievor in order to give the supervisor an opportunity 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 adjusting the grievance. The Executive Director discussion shall be between the employee and/or the Union xxxxxxx and the supervisor, but the supervisor may elect to have the assistance of Human Resources shall indicate his/her disposition of another person. The supervisor’s response to the grievance in writing shall be given within five seven (57) work days of after such meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendentdiscussion. 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 meeting6.03 Failing settlement, the grievance may be transmitted taken up in the following manner and sequence provided it is presented within fifteen (15) days of the supervisor’s reply to the Superintendent. Within ten (10) work days, the Superintendent grievance: The Union 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 present the grievance in writing within ten (10) work days of such meeting. A copy of his/her decision shall be furnished to signed by the administrator involved and the Association. Step 5. If the grievance is not resolved at Section Bemployee, 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 an individual grievance, to rethe Editor-employ any probationary administrator)in-Chief, or grievances not responded to 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 Editor-in-Chief or designate may have such assistance at the Superintendent’s level 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 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 (and not extended by written agreement of limits, 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 appointment shall be delivered to made by the Superintendent within 20 work days after receipt Minister of Labour upon the Superintendent’s Answer in Section B, Step 4request of either party. The written notice Arbitrator shall identify hear and determine the provisions of the agreement allegedly violated, matter and shall state the issue(s) involved and the relief requestedissue a decision. If no such notice is given within the 20 work day period, the Superintendent’s answer 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 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. 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 initiated by the employee concerned. This restriction shall not apply to a grievance involving the discharge of an employee. 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 arising out of the same circumstances and based on the Associationsame incident, the employee or employees involved, such grievances may be combined and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration treated as a group grievance. 6.15 For the purpose of this Agreement, ‘day’ means a calendar day and ‘grievance’ means a complaint arising from the interpretation, application, administration or alleged violation of resolution does not applythe Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. Any complaint by an Employee or the Union concerning the application and interpretation of this Agreement shall be subject to the grievance procedure. Any relevant information specifically identified by the grievant or the Union in the possession of the Employer needed by the grievant or the Union to investigate and process a 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 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, any time limits within each step may be 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 to the next step. 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 grievance 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 result of the informal conference, the grievant or the Union may submit a 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 no disposition has been made within five (5) work days of such meeting, the grievance may be transmitted immediate supervisor does not reply to the Superintendent. Within ten informal complaint within seven (107) work working days, the Superintendent shall investigate Employee or 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 Union may submit a written statement of the grievance to the Federal Mediation 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 Conciliation Service. It is understood that only grievances involving termination the immediate supervisor, the Employee or the Union may submit a written statement of employment (except in the case of termination of services grievance to the division head or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level designee within the time limits twenty (20) working day limitation provided for in paragraph "A" above. A meeting shall be held between the grievant and not extended by a Union representative with the division head or designee within seven (7) working days after the written agreement of the parties) would be subject to arbitration under this grievance procedureis received. Written notice of the intent to file for arbitration Either side may present witnesses. The division head or designee shall submit a written answer to the Federal Mediation and Conciliation Service shall be delivered to grievant or the Superintendent Union within 20 work seven (7) working days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applymeeting.

Appears in 2 contracts

Samples: Unit 04 Agreement, Unit Agreement

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GRIEVANCE PROCEDURE. Step A grievance under this Agreement is a dispute, claim or complaint arising under and during the term of this Agreement, and is limited to matters of 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 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. In ) the event an administrator believes there is basis for Section and 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, he/she the Supervisor or designee, shall first discuss set a place and time within seven (7) working days for a grievance hearing. If the alleged aggrieved employee wishes, they may have their Xxxxxxx assist them at the grievance with hearing. Whether or not their Xxxxxxx assists at the grievance hearing, the Xxxxxxx and the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as Chief Xxxxxxx shall each receive a result copy of the informal discussion with written decision. The Supervisor or designee must provide the appropriate administrator a grievance still exists, it shall be reduced to writing written response within five (5) work working days after discussion and 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 same administrator on University Labor designee to form a three-person Review Committee, provided the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days aggrieved employee's submission 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 University Labor designee 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 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 such meeting. A copy of his/her decision shall be furnished to the administrator involved and the Association. Step 5decision. If the decision is not satisfactory to the Union, and if the grievance is not resolved at arbitral under Section B9 of this Agreement, Step 4 of the grievance procedure the Association it may submit the grievance be referred 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyarbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In determining the event time in which any step under the following is to be taken, Saturdays, Sundays, recognized holidays, or an administrator believes there authorized leave being paid directly by the University shall be excluded. 28.1 Any difference arising between the parties to this Agreement relating to the meaning, interpretation, or application of this Agreement, including allegations that the Agreement has been violated, may be the subject of a grievance and shall be processed in the manner following. 28.2 No grievance shall be processed through the grievance procedure which is basis for not initiated by the Union within twenty-five (25) days after the incident giving rise to the grievance or within twenty-five (25) days of the Employee becoming aware of the incident giving rise to the grievance, he/she shall . 28.3 An Employee who feels that they have a complaint may first discuss the alleged grievance matter with the appropriate administrator either personally Department Head or accompanied designate. The Employee may have a Union Representative present, if so desired. When any complaint cannot be settled by his/her Association representativethe foregoing informal process, the formal grievance procedure may be invoked. Step 2. If, as a result of the informal discussion with the appropriate administrator a grievance still exists28.4 Subject to Articles 28.8 and 29.8, it shall be reduced to writing within five (5) work days after discussion is agreed that the presentation and submitted processing of any grievance herein, including any arbitration procedures as specified in Article 29, must conform to the same administrator on the form set forth in Appendix D.applicable procedure and time limits. Step 3. 28.5 STEP ONE If the grievance 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 Employee or the Association Union is not satisfied with the disposition decision of the Department Head or designate the Union may within ten (10) days of receipt of the decision or the date the decision should have been given, present a grievance in writing to the Senior Director, Human Resources, at the first level of the grievance procedure. If the Union does not receive a reply or if no disposition has been made satisfactory settlement within five ten (510) work days of such meeting, the grievance may be transmitted to the Superintendent. STEP TWO Within ten (10) work daysdays from receipt of the decision, or the date a decision should have been given in Step One, 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 Union may present the grievance in writing within ten (10either by personal service or by registered mail to the Vice-President 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) work days and a representative of such meeting. A copy of his/her decision the Union Local shall be furnished to given the administrator involved and the Associationnecessary time off without loss of pay. Step 528.7 Where either party to this Agreement disputes the general application, interpretation, or alleges a violation of an article of this Agreement, the dispute shall be discussed initially with the University or the Union, as the case may be. If the grievance Where no satisfactory agreement is not resolved at Section Breached, Step 4 of the grievance procedure the Association either party may submit the grievance dispute to arbitration, as provided in Article 29 of this Agreement. 28.8 At the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination request of employment (except in the case of termination of services or failure either party to re-employ any probationary administrator)this Agreement, or grievances not responded it may be mutually agreed to at the Superintendent’s level within extend 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyspecified herein.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 18.01 Differences or disputes arising between the Region and the employee shall be considered 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 the remedy sought. In It is agreed by the event an administrator believes there is basis for grievance, he/she shall first discuss parties that grievances should be settled as early as possible in the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representativeprocedure. Step 2. If, as a result of the informal discussion with the appropriate administrator 1: An employee having a grievance still existsshall present it to his Xxxxxxx in writing. If the Union Xxxxxxx considers the grievance to be justified, it they shall be reduced to writing jointly take the matter up within five (5) work working days after discussion and submitted of the event giving rise to the same administrator on grievance to the form set forth appropriate representative of management, who shall have five (5) working days in Appendix D. which to render a decision. Failing a satisfactory settlement, the second Step 3. If of the grievance is not resolved in SECTION B, STEP 2, it procedure shall be transmitted invoked within five (5) work working days of the management's answer at Step 1. Step 2: The grievance shall be submitted to the Executive Director of Human Resources. The Executive Director Department Head and the Commissioner of Human Resources (or their delegates) who shall meet with the grievor and who shall render a decision within five (5) work days schedule a meeting 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 grievant grievor and the Association Grievance Committee within ten (10) working days 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 may request that the matter be heard directly by the Chief Administrative Officer. (ii) Prior to the scheduling 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 held within sixty (60) 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 Executive Director of Human Resources shall indicate his/her disposition of parties agree that information exchanged during the grievance in writing within five (5) work days of such meeting, mediation process is privileged and shall furnish discussions are on a copy thereof to the grievant, the Association, and the superintendent. Step 4without prejudice basis. 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 This step 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended bypassed by written agreement of the parties. (iii) would If the parties at this Step are unable to reach a satisfactory settlement, then the matter shall be subject taken to arbitration under this grievance procedure. Written notice of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section Bfifteen (15) working days, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If as defined in the event the administrator elects legal action through the judicial system, arbitration Ontario Labour Relations Act as a means of resolution does not applyamended from time to time.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1A grievance shall be defined as any dispute arising under the terms of this contract. Thus, 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: In the event that an administrator employee believes there is a basis for a grievance, he/she said employee who may be accompanied by a Federation representative, 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 immediate non-bargaining unit supervisor within ten (10) working days of the informal discussion occurrence or knowledge of the matter giving rise to the grievance. The supervisor shall respond within ten (10) working days from the hearing date of the grievance. In the event the City does not respond within the prescribed time limit above, the Federation shall automatically move the grievance to the next level. Any grievance filed for two (2) or more bargaining unit employees shall be considered a class action grievance and shall proceed directly to the City Manager at Step 3. In the event the Federation or the employee is not satisfied with the appropriate administrator a grievance still existsoral decision of the supervisor, it the Federation shall be reduced present the grievance, in writing, to writing the employee's Department Director within five (5) work working days after discussion and submitted of the date of the aforesaid oral decision. Upon presentation of the written grievance to the Department Director, the employee and a Federation representative shall attempt to resolve the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION Bdispute and, STEP 2, it shall be transmitted within five (5) work working days thereafter, the Department Director shall render a decision, in writing, to both the employee and to the Executive Director of Human ResourcesFederation representative. The Executive Director of Human Resources 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, above, the said grievance shall be presented within five (5) work working days schedule a meeting with after the grievant and written answer above to 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 City Manager, or designee who will, within five (5) work working days of such the receipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. At this meeting, and shall furnish a copy thereof to the grievant, the Association, employee and the superintendent. Step 4Federation can also be present. If the aggrieved administrator or the Association is not satisfied with the disposition of the grievance or if no disposition has been made within Within five (5) work working days of such meetingafter this meeting the City Manager or designee shall render a decision in writing. In the event that the City does not respond within the prescribed time limit above, the grievance may be transmitted to the Superintendent. Within ten (10) work days, the Superintendent Federation 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 automatically move 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applynext level.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In the event an administrator believes there is basis for grievanceTo promote better City – Association relations, he/she shall first discuss the alleged both parties pledge their immediate cooperation to settle any grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result complaint that might arise out of the informal discussion with application of this Contract, at the appropriate administrator lowest level possible and the following procedure shall be the sole procedure to be utilized for that purpose. Any settlement of a grievance still existsunder this Article, it which would alter or amend the terms of this agreement or any side bar or memorandum of understanding, shall not be reduced to binding on either party unless the settlement, or memorandum of agreement or side bar agreement, is approved in writing within five (5) work days after discussion by the president of the Association and submitted to the same administrator on Director of the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director Bureau of Human Resources. The Executive Director 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 Human Resources shall within five (5) work days schedule Saturday, Sunday and designated holidays. Step I. The Association or any commanding officer claiming a meeting breach of any specific provision of this Contract may refer the matter, in writing, 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, or without 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 SuperintendentChief of Police. Within ten (10) work daysThe grievant, or Association representative, shall state the Superintendent shall investigate nature of the grievance, including holding a meeting which gives the aggrieved administrator section of the Contract allegedly violated and the Association a reasonable opportunity to remedy requested. This grievance shall be heardpresented within twenty (20) days from the date thereof. The Superintendent Chief shall answer the grievance have twenty (20) days in which to reply. The response shall be in writing within ten (10) work days of such meeting. A copy of his/her decision shall be furnished and made to the administrator involved grievant and the Association. Step 5II. If, after twenty (20) days from the date of the submission of the grievance to the Chief, or from the date of the reply, the grievance still remains unadjusted, the Association may present the grievance to the Commissioner-in-Charge. A copy of the grievance shall be sent simultaneously to the 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 will 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 is not resolved at Section Bhas been delegated to the Bureau of Human Resources, Step 4 a copy of the grievance procedure 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 may submit the grievance will have fourteen (14) days to serve notice, in writing, to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination Bureau of employment (except in the case of termination of services or failure to re-employ any probationary administrator)Human Resources, or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement with a copy of the parties) would be subject notice sent simultaneously to arbitration under this grievance procedurethe Commissioner-in- Charge, of its request for mediation or its intent to arbitrate. Step IV. Written notice 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 intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt names of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.seven

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. 9.01 A grievance shall be defined as any difference, dispute, or complaint arising from the interpretation, administration, application, or alleged violation of this Collective Agreement. 9.02 It is understood that an employee has no grievance until he has first given his immediate Supervisor an opportunity to adjust his complaint. If an employee has a complaint, he shall discuss it with his immediate Supervisor within three (3) working days after the circumstances giving rise to the complaint occurred. An employee is entitled, upon request, to have a Union Xxxxxxx present when discussing the complaint with the immediate Supervisor. Failing settlement of a compliant by the immediate Supervisor on such day, it may be taken up as grievance within three (3) working days following the Supervisor’s reply in the following manner: Step 1: An employee having a grievance shall submit his grievance signed and in writing, on a form supplied by the Union, to the Food Service Director or his designate. In The nature of the event an administrator believes there is basis for grievance, he/she the remedy sought and section(s) of the Agreement alleged to have been violated shall first discuss be set out in the alleged grievance with grievance. An employee has the appropriate administrator either personally or right to be accompanied by his/her Association representative. Step 2a Union Xxxxxxx. If, as a result of the informal discussion with the appropriate administrator a grievance still exists, it A written answer shall be reduced to writing given by the Food Service Director or his designate within five (5) work days after discussion and working days. Step 2: Failing satisfactory settlement at Step 1, the grievance shall be submitted in writing to the same administrator on District Manager within three (3) working days from the form set forth in Appendix D. response at Step 31. If A meeting will be held with the grievance is not resolved in SECTION Bgrievor, STEP 2a Union Xxxxxxx, it Local Union Representative, and the District Manager. The District Manager shall be transmitted give a written answer within five (5) work working days to of the Executive Director of Human Resources. The Executive Director of Human Resources shall within five (5) work days schedule Step 2 meeting. Step 3: Failing 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 settlement under Step 3 of the grievance in writing within five (5) work days of procedure, 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 taken to the Superintendent. Within ten (10) work days, the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator Arbitration as hereinafter provided and the Association a reasonable opportunity to be heard. The Superintendent shall answer the grievance in writing if no written request for Arbitration is received within ten (10) work working days after the decision in Step 3 is given, the grievance shall be deemed to have been abandoned. 9.03 The parties agree to follow each of the foregoing steps in the processing of the grievance; and if at any step the Company fails to give his written answer within the time therein set forth, the Union may appeal the grievance to the next step at the expiration of such meetingtime limit. Similarly, if the Union fails to comply with the time limits set forth for their part in the grievance procedure, the grievance will be considered to have been abandoned. 9.04 The time limits fixed in the Grievance Procedure may be extended by mutual consent of both parties. 9.05 The Company and the Union agree that the decision whether or not to retain probationary employees is at the sole discretion of the Company. The Company and the Union further agree that the discipline and/or discharge of a probationary employee shall not be subject to the Grievance or Arbitration procedures. This decision shall not be inconsistent with the Ontario Human Rights Code. 9.06 An employee shall have the right to request the presence of a Union Xxxxxxx for meetings concerning disciplinary matters. This in no way limits the right of the Manager to talk privately to an employee regarding matters not involving discipline. A copy of his/her decision all disciplinary action shall be furnished provided to the administrator involved and the AssociationUnion. 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. 9.07 It is understood that only grievances involving termination of employment (except in the case of termination of services Company may bring forward at any meeting held with the Grievance Committee any complaint or failure grievance with respect to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement conduct of the parties) would be subject Officers, Committeepersons or with respect to arbitration under this grievance procedure. Written notice the conduct of the intent to file for arbitration employees generally, and if such complaint or grievance is not settled to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt mutual satisfaction of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify conferring parties it may referred to Arbitration I the provisions same way as the grievance of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyan employee.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. In 19.01 The parties to this Agreement recognize the event an administrator believes there is basis for grievanceStewards and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof. 19.02 Any employee who has a complaint will, he/accompanied by a Xxxxxxx, or a CLAC Representative if she shall first so desires, discuss the alleged grievance same 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 immediate supervisor within five (5) work days after discussion workdays of the act or condition causing the complaint. This supervisor will deal with the complaint not later than the third workday following the day upon which the complaint is submitted and submitted to will notify the same administrator on grievor and the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted Union Representative of his decision within five (5) work days workdays following the said meeting. If the reply is not satisfactory to the Executive Director of Human Resources. employee, she may process the complaint as a grievance by following the steps set out below. Step 1 The Executive Director of Human Resources shall employee, accompanied by a Xxxxxxx or a CLAC Representative, may submit the same to her immediate supervisor within five (5) work days schedule a meeting workdays of the decision reached above. This supervisor will deal with the grievant grievance not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and the Association in an effort to resolve the grievance. The Executive Director Union Representative of Human Resources shall indicate his/her disposition of the grievance his decision in writing within five (5) work days of such workdays following the said meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendent. Step 4. 2 If the aggrieved administrator or the Association grievance is not satisfied with the disposition of the grievance or if no disposition has been made settled under Step 1, a Union Representative will, within five (5) work days workdays of such meetingthe 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. The parties shall meet to discuss the grievance may be transmitted to within one (1) week after the Superintendentgrievance has been filed. Within ten (10) work days, The Employer shall notify the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator grievor and the Association a reasonable opportunity to be heard. The Superintendent shall answer the grievance Union Representative of his decision in writing within ten five (105) work days of such workdays following the said meeting. A copy of his/her decision shall be furnished to the administrator involved and the Association. Step 5. If the 19.03 A group grievance is not resolved 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 Section B, Step 4 successive stages of the grievance procedure the Association may submit commencing with Step 1. The grievors shall be listed on the grievance form. 19.04 The Employer or the Union shall not be required to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination consider or process "single" or "group grievances" which arise out of employment (except in the case of termination of services any action or failure to re-employ any probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.condition more than five

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1‌ a) For the purpose of this Article, the immediate supervisor shall be the Non-Union Supervisory Staff below Department Director, if any. In It is the event mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an administrator believes there is basis for grievanceemployee has no grievance until he/she has given his/her immediate supervisor an opportunity to adjust his/her complaint. If an employee has a complaint, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by and his/her Association representative. Step 2. Ifxxxxxxx, as a result or if that xxxxxxx is absent, the chief xxxxxxx, or if the chief xxxxxxx is absent, another member of the informal discussion grievance committee, shall discuss it with the appropriate administrator a grievance still exists, it shall be reduced to writing his/her immediate supervisor within five (5) work working days after discussion and submitted the circumstances giving rise to the same administrator on complaint become known to the form set forth in Appendix D. Step 3employee. If the grievance is not resolved in SECTION B, STEP 2, it The immediate supervisor's decision shall be transmitted given, within five (5) work 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 circumstances giving rise to the Executive complaint becoming known to the employee. The immediate supervisor’s decision shall be given within five (5) 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 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 Director and the Director of Human Resources within five (5) working days of receipt of the grievance. A National Representative of the Union shall be present at the request of either the Corporation or the Union. The Executive decision of the Director of Human Resources shall be given within five four (54) work working 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 following such meeting. A copy of his/her decision shall be furnished to Failing settlement, and if the administrator involved and the Association. Step 5. If the grievance is not resolved at Section B, Step 4 Grievance Committee of the grievance procedure the Association may submit Union considers the grievance to be justified, the Federal Mediation 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 matter is arbitrable, such difference may be taken to arbitration, 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by if no written agreement of the parties) would be subject to arbitration under this grievance procedure. Written notice of the intent to file request for arbitration to is received within fifteen (15) full working days after the Federal Mediation and Conciliation Service decision in Step 2 is given, it shall be delivered deemed to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyhave been settled.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1Grievance Procedure - A grievance is a dispute, a claim, or a complaint by employee or GELC concerning the application and interpretation of this Agreement. An employee who believes he/she has a grievance is encouraged to informally discuss his/her complaint with his/her immediate supervisor. In the event an administrator the complaint is not satisfactorily settled at this point, it may be filed as a grievance and the following procedure shall become effective. All Grievances shall be handled in the following manner: Step 1. An employee and/or his/her GELC Representative who believes there is basis for grievance, that he/she shall first discuss has a grievance and wishes to enter it into the alleged grievance with procedure, may do so by submitting the appropriate administrator either personally or accompanied by written grievance to his/her Association representativeElected Official or Department Head within ten (10) working days following the events which caused the grievance or within ten (10) working days following the date the employee first reasonably should have known of the events giving rise to the grievance. Within five (5) working days after receiving the written grievance from the employee, the Elected Official or Department Head shall give his/her written response to the grievance to the grievant and the GELC with a copy to the Union Xxxxxxx. The Elected Official or department head does not have the authority to provide to any employee economic benefits which exceed those provided under this contract. Step 2. IfIf the answer is not satisfactory to the grievant, as a result the grievance and the answer shall be presented in writing by the grievant to the County Administrator within seven (7) working days of receipt of the informal discussion with Elected Official's or Department Head's answer or the appropriate administrator a grievance still exists, it date due in Step 1. The County Administrator shall be reduced sign and date the grievant copy. The County Administrator shall respond to the grievant in writing within five seven (57) work working days after discussion and submitted to receipt of the same administrator on the form set forth in Appendix D.grievance. Step 3. If the grievance 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 Union is not satisfied with the disposition answer of the grievance County Administrator, it may appeal to the County Board of Commissioners within seven (7) working days after the receipt of the County Administrator’s answer or if no disposition has been made its date due. The appeal shall be filed in writing with the County Administrator, with a copy also filed with the Elected Official or Department Head. A meeting shall then be held within five thirty (530) work calendar days of such meetingthe appeal between the County Board of Commissioners (or the Board’s designated representatives), the grievance Elected Official or Department Head, the County Administrator, the employee, and up to three (3) representatives of the Union. The Employer and the Union may also have outside representatives present if desired. Such outside representation shall be transmitted limited to the Superintendent. Within ten (10) work daysUnion's attorney and/or Business Representative, the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator and the Association a reasonable opportunity to be heardCounty’s attorney. The Superintendent County Board of Commissioners shall then answer the grievance in writing within ten fifteen (1015) work days of such the appeal 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE 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 Section 12.1 There shall be reduced an xxxxxxx and honest effort to writing 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: The employee or group of employees will present their grievance to the employee’s supervisor in an attempt to resolve the dispute. This will be done within five (5) work working days of the time, the fact(s) giving rise to the grievance occurred or the time 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 aggrieved employee does not refer the grievance to the second step of the procedure within three (3) working days after discussion and submitted the receipt of the decision rendered in this step, it shall be considered satisfactorily resolved. STEP 2: If the problem is not resolved to the same administrator on employee or employees’ satisfaction, the form set forth grievance shall be presented in Appendix D. Step writing to the employee’s supervisor by the employee(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 resolved in SECTION B, STEP 2referred 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 transmitted within five (5) work days considered to be satisfactorily resolved. STEP 3: The grievance shall be submitted to the Executive Director of Human ResourcesDirector. The Executive Director of Human Resources or his or her designee shall within five (5) work days schedule investigate and hold a meeting with the grievant and the Association in an effort to resolve the grievancegrievance meeting. The Executive Director of Human Resources shall indicate his/her disposition of reply to the grievance Union and the employee in writing within five (5) work working days after the close of the hearing. Both the Union and the Employer shall have the right to call such meeting, and shall furnish a copy thereof witnesses as are necessary to the grievantinvestigation of the grievance. If a written notice of intent to file under the arbitration procedure, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association , is not satisfied with received by 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 Executive Director within ten (10) work working days from the date of such meeting. A copy of his/her decision the Executive Director’s decision, the grievance shall be furnished to the administrator involved and the Associationconsidered satisfactorily resolved. 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE 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 8:01 Grievances shall be reduced to writing within five (5) work days after discussion and submitted to dealt with in the same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 following manner provided such grievances are filed in writing within five (5) work fifteen working days of the occurrence of the incident which gave rise to the matter in dispute. Requests for grievance hearings and replies following such meeting, hearings shall be in writing at all steps. Grievances shall specify the clause or clauses in the Agreement which it is believed the City has violated and shall furnish include a copy thereof to statement of facts outlining in what manner the grievant, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association City's interpretation of a clause 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 meetingdisputed. A copy of his/her decision shall be furnished to the administrator involved and the Association. Step 5. If the grievance is not resolved will be submitted at Section B, Step 4 each step of the grievance procedure. The City will arrange a hearing at the first step within fifteen (15) working days of receipt of the grievance. Responses to all steps of the grievance procedure the Association may submit the grievance will be copied to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination Union Grievance Committee Chair. STEP I The employee assisted by a xxxxxxx or an officer of employment (except in the Union shall discuss the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at with the Superintendent’s level Department Head. The Department Head shall render a decision within the time limits (and not extended by written agreement five working days of the parties) would be subject to arbitration under this grievance procedure. Written notice hearing. STEP II If the Union considers that a satisfactory settlement was not reached in Step I it may within 5 working days of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4I reply request a hearing by the Commissioner of Human Resources or representative. The written notice Commissioner of Human Resources or representative shall identify the provisions render a decision within 5 working days of the agreement allegedly violatedhearing. 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 state render a decision within 5 working days of the issue(s) involved and hearing. 8:02 Where the relief requested. If no such notice is given within dispute involves a question of general application or interpretation of the 20 work day periodterms of the Agreement, either the Superintendent’s answer Union or the City may file a grievance at Step II of the Grievance Procedure. 8:03 The time limits set out in the Grievance procedure shall be final and binding on strictly observed by the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyparties to this Agreement but may be extended by mutual consent.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In the event an administrator believes there 14.01 It 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 mutual desire of the informal discussion with the appropriate administrator a grievance still exists, it parties to resolve complaints as quickly as possible. Such complaints shall be reduced to writing 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 he has first given her or his Program Manager the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his Program Manager within five (5) work days after discussion and 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 assistance of a Union representative, the Program Manager can have the assistance of another member of management. Within five (5) work days following the decision at Step 1, a written grievance shall be submitted to the same administrator on Commissioner, Human Resources or designate. The written grievance signed by the form set forth in Appendix D. Step 3aggrieved nurse must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. If 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 not resolved received in SECTION Bthe Human Resources Department. The Commissioner, STEP 2, it shall be transmitted 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 to from the Executive Director date on which the meeting was held. 14.02 If the alleged circumstances of Human Resources. The Executive Director of Human Resources shall within five the grievance occurred more than fifteen (515) work days schedule a meeting with prior to the grievant and the Association in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition 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 commenced within thirty-five (535) calendar days of the 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 of such meeting, and shall furnish a copy thereof after the circumstances giving rise to the grievantcomplaint 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 fifteen (15) work days after the 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 Association, Union and the superintendentnurse(s). Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition of 14.08 Any adjustment resulting from the grievance or if arbitration procedures, shall not be retroactive prior to the date of the occurrence which resulted in the grievance being filed. This clause shall not prevent the adjustment of pay caused by errors in computation. 14.09 If no disposition has been made answer is given to the grievor(s) within five (5) work days of such meetingthe time limit specified in the grievance procedure, the grievance may grievor(s) shall be transmitted entitled to proceed to the Superintendent. Within ten (10) work daysnext step. 14.10 Work day" as used in this article and Article 15 shall mean a day other than Saturday, the Superintendent shall investigate the grievance, including holding Sunday or a meeting which gives the aggrieved administrator and the Association a reasonable opportunity to be heard. The Superintendent shall answer the specified paid holiday. 14.11 A grievance in writing within ten (10) work days of such meeting. A copy of his/her decision shall be furnished that is not submitted 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 probationary administrator), or grievances not responded to at the Superintendent’s level next step 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 be delivered deemed to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved be settled and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer disposition shall be final and binding on as per the Association, reply given at the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applypreceding step.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof. a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee. b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below. 12.03 Step 11 The employee will, accompanied by a xxxxxxx or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. In The grievance shall identify the event an administrator believes there is basis for nature of the grievance, he/she shall first discuss the remedy sought, and should specify the provisions of the Agreement which are alleged grievance to have been violated. The supervisor will deal with the appropriate administrator either personally or accompanied by his/her grievance and will notify the grievor and the Association representativerepresentative of the decision in writing within seven (7) calendar days following the date the grievance was presented. 12.04 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. 2 If the grievance is not resolved in SECTION B, STEP 2settled under Step 1, it shall may be transmitted filed with the Hospital at Step 2 within five seven (57) work calendar days to of the Executive Director decision under Step 1 or within seven (7) calendar days of Human Resourcesthe day this decision at Step 1 should have been made. The Executive Director parties shall meet within seven (7) calendar days of Human Resources shall within five (5) work days schedule a meeting with this filing, or at such other time as mutually agreed by the grievant and the Association in an effort parties, to resolve discuss the grievance. The Executive Director Hospital shall notify the grievor and the Association of Human Resources shall indicate his/her disposition of the grievance its decision in writing within five nine (59) work calendar days of such following the Step 2 meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association 12.05 A Group grievance 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 defined as a single grievance, including holding signed by a meeting which gives xxxxxxx or an OPAA representative on behalf of a group of employees who have the aggrieved administrator and the Association a reasonable opportunity to same complaint. Such grievances must 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 dealt with at Section B, Step 4 successive stages of the grievance procedure the Association may submit commencing with Step 1. The grievors shall be listed on the grievance form. 12.06 A Policy grievance is defined as one which involves a question relating to the Federal Mediation and Conciliation Serviceinterpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. It is understood that only grievances involving termination of employment A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (except 14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of termination a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed. 12.07 The release or discharge of services a probationary employee shall not be the subject of a grievance or failure to re-employ any arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary administrator)period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2. 12.08 By mutual agreement, or grievances not responded to at the Superintendent’s level within parties may extend 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyset out above.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. In the event an administrator believes there 14.01 It 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 mutual desire of the informal discussion with the appropriate administrator a grievance still exists, it parties to resolve complaints as quickly as possible. Such complaints shall be reduced to writing 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 he has first given her or his Program Manager the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his Program Manager within five (5) work days after discussion and 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 assistance of a Union representative, the Program Manager can have the assistance of another member of management. Within five (5) work days following the decision at Step 1, a written grievance shall be submitted to the same administrator on Commissioner, Human Resources and Citizen Service or designate. The written grievance signed by the form set forth in Appendix D. Step 3aggrieved nurse must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. If 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 not resolved received in SECTION Bthe Human Resources and Citizen Service Department. The Commissioner, STEP 2, it shall be transmitted Human Resources and Citizen Service 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 to from the Executive Director date on which the meeting was held. 14.02 If the alleged circumstances of Human Resources. The Executive Director of Human Resources shall within five the grievance occurred more than fifteen (515) work days schedule a meeting with prior to the grievant and the Association in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition 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 commenced within thirty-five (535) calendar days of the 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 of such meeting, and shall furnish a copy thereof after the circumstances giving rise to the grievantcomplaint 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 and Citizen Service or designate within fifteen (15) work days after the 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 Association, Union and the superintendentnurse(s). Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition of 14.08 Any adjustment resulting from the grievance or if arbitration procedures, shall not be retroactive prior to the date of the occurrence which resulted in the grievance being filed. This clause shall not prevent the adjustment of pay caused by errors in computation. 14.09 If no disposition has been made answer is given to the grievor(s) within five (5) work days of such meetingthe time limit specified in the grievance procedure, the grievance may grievor(s) shall be transmitted entitled to proceed to the Superintendent. Within ten (10) work daysnext step. 14.10 Work day" as used in this article and Article 15 shall mean a day other than Saturday, the Superintendent shall investigate the grievance, including holding Sunday or a meeting which gives the aggrieved administrator and the Association a reasonable opportunity to be heard. The Superintendent shall answer the specified paid holiday. 14.11 A grievance in writing within ten (10) work days of such meeting. A copy of his/her decision shall be furnished that is not submitted 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 probationary administrator), or grievances not responded to at the Superintendent’s level next step 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 be delivered deemed to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved be settled and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer disposition shall be final and binding on as per the Association, reply given at the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applypreceding step.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 19.01 Any dispute involving the application, interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be 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. In Any employee with a complaint must declare it to be a formal complaint under the event an administrator believes there is basis for grievance, he/she terms of this Article in writing to their immediate supervisor at the time of the complaint. Such complaint shall first discuss the alleged grievance be discussed with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result employee’s immediate Supervisor within seven (7) working days of the informal discussion with employee becoming aware of the appropriate administrator a complaint stage of the grievance still existsprocedure. If the complaint is not settled, it shall be reduced to taken 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 five seven (57) work working days after discussion and submitted to of the same administrator on submission of the form set forth in Appendix D.grievance. Step 3. 9.04 Stage 2 - If the grievance is not resolved in SECTION Bat Stage 1, STEP 2, it shall be transmitted within five seven (57) work working days after the Supervisor’s decision is given the griever may submit the grievance to the Executive Director, or her / his designate, who shall hold a meeting with the griever at a mutually agreeable time within fifteen (15) working days of the receipt of the request. At the meeting with the Executive Director of Human Resources(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 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/deliver her disposition of the grievance / his decision in writing within five seven (57) work working days of such the 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 BStage 2, Step 4 of the grievance procedure the Association griever 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyset out below.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. ‌ 1. Should differences arise between the Cuyahoga DD and the Union as to the interpretation or application of some express provision of the Agreement, an xxxxxxx effort will be made to settle such differences promptly in the following manner. 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 The aggrieved employee may speak to his/her Association representativeimmediate supervisor in an effort to resolve the issue in a timely manner. Step 2. IfIf no resolution is reached at Step 1, as or if the employee wishes to bypass Step 1, the grievance must be submitted in writing to the employee’s Department Manager within fifteen (15) working days of occurrence giving rise to the grievance. If the grievance involves a result supervisor, the grievance shall advance and be filed at step 2 of the informal discussion 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 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 appropriate administrator a grievance still existsCuyahoga DD’s clients or visitors. If no settlement is reached at this meeting, it the Department Manager shall be reduced to writing within have five (5) work days after discussion and submitted the meeting to respond to the same administrator on the form set forth grievance in Appendix D.writing. Step 3. If the written answer of the 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 not resolved in SECTION Breached at this meeting, STEP 2, it the Director of Human Resources or his designee shall be transmitted within have 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 respond 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 superintendentwriting. Step 42. If the aggrieved administrator or the Association Union is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) work days of such meetinganswer at Step 3, 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 Union may submit the grievance to arbitration by serving written notice to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination Cuyahoga DD of employment its desire to do so within twenty (except in the case 20) work days of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement receipt of the parties) would be subject to arbitration under this grievance procedureStep 3 decision after the next Union Executive Board meeting. Written notice of Following initial notification, the intent to file for arbitration to Union must notify the Federal Mediation and Conciliation Service shall be delivered ("FMCS") and request that it provide a panel of seven (7) arbitrators. In the event the Grievant has filed an internal appeal within SEIU 1199, the Union will give written notice to the Superintendent within 20 work Human Resources Director or designee and will have no more than 45 days after receipt the Executive 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. The Union and the Cuyahoga DD shall alternatively eliminate from the panel the arbitrator of their choosing until only one arbitrator remains. The sole arbitrator shall hear the case. The decision of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer arbitrator shall be final and binding on the AssociationCuyahoga DD, the employee or employees involved, Union and the Board employees. The arbitrator shall decide the grievance in accordance with the expressed provisions of Educationthis Agreement and shall have no authority to add to, subtract from, or modify any part of this Agreement. If in The expenses of the event arbitrator, including his/her time, travel and miscellaneous expenses shall be borne equally by the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyparties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 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. In the event an administrator believes there It 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 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 until the employee, with the appropriate administrator 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 still exists, it shall be reduced to writing discussed with their supervisor within five thirty (530) work days after discussion and submitted of when the circumstances giving rise to the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days were known or should reasonably have been known to the Executive Director griever in order to give the supervisor an opportunity 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 adjusting the grievance. The Executive Director discussion shall be between the employee and/or union xxxxxxx, the supervisor and a representative of the Human Resources shall indicate his/her disposition of Department. The supervisor's response to the grievance in writing shall be given within five seven (57) work days of after such meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendent. Step 4discussion. 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 meeting603 STEP 2‌ Failing settlement, the grievance may be transmitted taken up in the following manner and sequence provided it is presented within fifteen (15) days of the supervisor's reply to the Superintendent. Within ten (10) work daysgrievance: the Union shall present a written grievance to the Editor-in-Chief or designate, setting forth the Superintendent shall investigate nature of the grievance, including holding and the remedy sought. The Editor-in-Chief or designate shall arrange a meeting which gives with the aggrieved administrator Union and a representative of the Association a reasonable opportunity to be heard. The Superintendent shall answer the grievance in writing Human Resources Department within ten seven (107) 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 receipt of the grievance procedure at which the Association may submit the grievance to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination of employment (except griever, in the case of termination 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 services the date of the decision from the Editor-in-Chief or failure designate, be referred to re-employ arbitration as hereinafter provided. 605 Binding arbitration of disputes‌ Any matter so referred to arbitration, including any probationary administrator)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 grievances not responded if the two parties fail to at the Superintendent’s level agree upon a neutral person to act as Arbitrator within the time limits (and not extended by written agreement of limits, 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 appointment shall be delivered to made by the Superintendent within 20 work days after receipt Minister of Labour upon the Superintendent’s Answer in Section B, Step 4request of either party. The written notice Arbitrator shall identify hear and determine the provisions of the agreement allegedly violated, matter and shall state the issue(s) involved and the relief requestedissue a decision. If no such notice is given within the 20 work day period, the Superintendent’s answer The decision shall be final and binding upon the parties and upon any employee affected by it. Either party may, in the correspondence contemplated in Article 605 notify the other party of its suggestion to proceed before a Board of Arbitration. Provided both parties agree, an Arbitrator selected to proceed in accordance with Article 605 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. 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 amend any part of 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 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 in writing signed by the Vice-President 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 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 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. 612 Dismissal Grievance‌ Grievances involving the discharge or discipline of an employee may be submitted at Step 2 of the grievance 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 Associationsame incident, the employee or employees involved, such grievances may be combined and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration treated as a Group grievance. 614 Definitions‌ For the purpose of this Agreement, "day" means a calendar day and "grievance" means a complaint arising from the interpretation, application, administration or alleged violation of resolution does not applythe Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance or dispute which may arise between the parties, including the application, meaning or interpretation of this Agreement, shall be put in writing and be settled in the following manner: Step 1. In The Union Xxxxxxx, with or without the event an administrator believes there is basis for grievanceemployee, he/she shall first discuss take up the alleged grievance or dispute with the appropriate administrator either personally employee's immediate supervisor within ten (10) working days of the date of its occurrence or accompanied by his/her Association representativewithin ten (10) working days after the union could have reasonably become aware of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the xxxxxxx within five (5) working days. Step 2. If, as a result of If the informal discussion with the appropriate administrator a grievance still existshas not been settled, it shall be reduced presented in writing by the Union Xxxxxxx or the Union Grievance Committee to the department head or Elected Official within five (5) working days after the supervisor's response is due. The department head or 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) work working days after discussion and submitted this meeting. If the grievance remains unsettled, those employees within departments under the supervision of Elected Officials shall proceed from Step 2 to Step 4 of the same administrator on the form set forth in Appendix D.Grievance Procedure. Step 3. If the grievance is not resolved in SECTION B, STEP 2still remains unadjusted for employees within a County Board Department, it shall be transmitted within five (5) work days presented by the Union Xxxxxxx, Union Representative or Grievance Committee 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 Personnel Committee of the grievance County Board in writing within five (5) work working days after the response of such meetingthe 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, and shall furnish union representative or Grievance Committee (with a copy thereof of the response to the grievant, the Association, and the superintendentlocal Union president) within five (5) working days. Step 4. If the aggrieved administrator 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 Association 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 satisfied with the disposition been requested, either party may request an arbitration of the grievance or if no disposition 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 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 5given. If the grievance is not resolved at Section Bparties fail to select an arbitrator, 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 State or failure to re-employ any probationary administrator), 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 be delivered requested by either or both parties to provide a panel of five arbitrators. Both the Superintendent within 20 work days after receipt Employer and the Union shall have the right to strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer arbitrator shall be final and binding on the Association, the employee or employees involvedparties, and the Board cost of Educationthe arbitrator's services and the proceedings shall be borne equally by the Employer and the Union. However, each party shall be responsible for compensating its own representatives and witnesses. If in either party desires a verbatim record of the event proceedings, it may cause such a record to be made, providing it pays for the administrator elects legal action through record and makes copies available without charge to the judicial system, arbitration as a means of resolution does not applyother party and the arbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In Informal Step‌ 9:01 It is the event mutual desire of the parties that complaints with respect to the application, interpretation, administration or alleged violation of this Agreement be addressed as quickly as possible and it is understood that an administrator believes there is basis for grievance, he/she employee or group of employees shall first discuss give the alleged 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 complaint. This step may also be satisfied by the Union raising the complaint with the immediate supervisor on behalf of the employee or group of 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 administrator either personally or accompanied by his/her Association representative. Step 2Human Resources Officer. If, as a result of The parties will attempt to resolve the informal discussion with the appropriate administrator a grievance still exists, it shall be reduced to writing complaint within five (5) work working days after discussion and submitted from the date it was brought to the same administrator on attention of the form set forth in Appendix D. Step 3immediate supervisor or the Human Resources Officer. If Failing a satisfactory settlement within the grievance 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 working day period, then within a further five (5) work working days schedule the complaint may be taken up as a meeting grievance in the following manner: At any step of the grievance procedure, the grievor may be present at the meeting(s) if requested by either party. The University shall not be required to consider any grievance which was not filed within 25 working days after the grievor, became aware or ought reasonably to have become aware of the circumstances giving rise to the grievance. The grievance shall be submitted, in writing, to the Labour Relations Department, along with the grievant 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 Association remedy sought shall be set out in the grievance. Within five (5) working days the Department Head or designate shall meet with the Union Grievance Committee (not to exceed two (2) in number) in an effort attempt to resolve the grievance. The Executive Director of Human Resources Department Head may determine that the immediate supervisor shall indicate his/her disposition of the grievance in writing also attend this meeting. The Department Head or designate shall, within a further five (5) work days of such meetingworking days, and shall furnish a copy thereof give his /her decision in writing to the grievant, the Association, and the superintendent. Step 4Union. If the aggrieved administrator or the Association decision at Step One is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) work days of such meetingsatisfactory, the written grievance may be transmitted advanced by notifying the local Human Resources person, who shall forward a copy to the Superintendent. Within ten (10) work daysPrincipal, the Superintendent shall investigate the grievanceXxxx, 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 Division Head, Director 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 Labour Relations or failure to re-employ any probationary administrator)designate, or grievances not responded alternatively directly 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.Three

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 17.01 The purpose of this Article is to establish a procedure for the settlement of grievances, the Employer and Union agreeing that it is of utmost importance to adjust complaints and grievances as quickly as possible. 7.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Collective Agreement shall discuss his complaint with his Supervisor. In Such a complaint shall be brought to the event an administrator believes there is basis for grievance, he/she attention of the Supervisor within three working days of the incident giving rise to the complaint. The Supervisor shall first discuss state his decision verbally within three working days of receiving the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representativecomplaint. Step 2. If, as a result of 1 Should the informal discussion employee be dissatisfied 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 grievance 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 Supervisor’s disposition of the complaint, he may, with the assistance of his Union Committee person, refer such matter on a written grievance in writing within five (5) work days of such meeting, and shall furnish a copy thereof form supplied by the Union to the grievantShift Leader or his designee, 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 who shall answer the grievance in writing within ten (10) work five working days. The complaint shall constitute a formal grievance at Step 1 and shall be filed within five working days of such meeting. A copy receipt of his/her decision shall be furnished the reply of the Supervisor to the administrator involved complaint. The grievance shall set out the article or articles and sub-sections of the AssociationCollective Agreement of which a violation is alleged, and indicate the general relief sought. Step 52 If no settlement is reached at Step 1, 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 resolved at Section B, Step 4 settled within five working days of the grievance procedure Employer’s written response, it may be referred to Step 3 as hereinafter provided. Step 3 If no settlement is reached at Step 2, the Association may submit 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 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 Federal Mediation complaint and Conciliation Servicebe in the form prescribed in Step 1. It is understood that only grievances involving termination of employment (except Any such grievance may be referred to arbitration under Article 8 by either the Union in the case of termination a Union grievance or the Employer in the case of services an Employer grievance. The Union may not institute a grievance directly affecting an employee or failure to reemployees which, such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-employ any probationary administrator), passed. 7.04 Any complaint or grievances grievance which is not responded to at commenced or processed through the Superintendent’s level next stage of the Grievance or Arbitration Procedures within the time specified shall be deemed to have been dropped. However, time limits (and not specified in the Grievance Procedure may be extended by written mutual agreement in writing 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 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer Employer was not exercised in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applydiscriminatory manner.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 The Employer and the Union recognize that grievances may arise concerning: (a) differences between the Parties respecting the interpretation, application, operation or alleged violation of a provision of this Agreement, including questions as to whether or not a matter is subject to arbitration; or (b) dismissal or discipline of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. The Employer and the Union recognize that the goal of this grievance procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance must be presented and processed in accordance with the steps, time limits and conditions set forth herein. Step 1. In 1 The employee, with or without a Shop Xxxxxxx or Union Committee member (at the event an administrator believes there is basis for grievanceemployee’s option), he/she shall first discuss the alleged grievance with their immediate supervisor or department head within seven (7) calendar days of the appropriate administrator either personally or accompanied by his/her Association representative.occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then: Step 2. If, as a result of the informal discussion with the appropriate administrator a 2 The grievance still exists, it shall be reduced to writing within five a further seven (57) work calendar days after discussion and submitted to by: a) recording the same administrator grievance on the appropriate grievance form, setting out the nature of the grievance and the circumstances from which it arose; b) stating the article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required; c) the grievance shall be signed by the employee and a Shop Xxxxxxx or Union Committee member; d) the supervisor shall acknowledge receipt of the written grievance by signing and dating the grievance form set forth in Appendix D.at the time the grievance is presented; and Step 3e) within seven (7) calendar days of receipt of the written grievance, the supervisor or the department head shall give their written reply. If the grievance is not resolved in SECTION Bsettled at this step, STEP 2, it shall be transmitted within five (5) work days to the Executive Director of Human Resources. then; Step 3 The Executive Director of Human Resources shall within five (5) work days schedule a meeting with the grievant Union Committee and the Association in an effort Employer, or its delegate, shall meet within twenty-one (21) calendar days or other mutually agreed to resolve time to discuss the grievance. The Executive Director of Human Resources shall indicate his/her disposition At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within five seven (57) work calendar days of such the 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 settled at Section Bthis step, Step 4 of the grievance procedure the Association either party may submit refer the grievance to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination of employment arbitration within a further twenty-one (except in the case of termination of services or failure to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement of the parties21) 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applycalendar days.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 18:01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitral. In Timelines in this article may be extended by the event an administrator believes there is basis for grievance, he/she shall first discuss mutual agreement of the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representativeparties in writing. Step 2. If, as a result 8:02 It is the mutual desire of the informal discussion with the appropriate administrator a grievance still exists, it parties hereto that complaints of employees shall be reduced to writing adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. If an employee has a complaint, such complaint shall be discussed with his immediate supervisor within five ten (510) work calendar days after discussion and submitted the circumstances giving rise to the same administrator on complaint have originated or occurred, or ought to reasonably have come to the form set forth in Appendix D. Step 3attention of the employee. The employee may have the assistance of the employee’s Union Representative. If the grievor and immediate supervisor are unable to adjust a complaint to their mutual satisfaction within seven (7) calendar days the employee may proceed with the grievance is not resolved in SECTION B, STEP 2, it procedure within seven (7) calendar days following the decision of the immediate supervisor. 8:03 A grievance of an employee properly arising under this Agreement shall be transmitted within five (5) work days adjusted and settled as follows: The employee, with the assistance of a Union Representative if desired, may submit a written grievance, signed and dated by the employee to the Executive Director of Human ResourcesDepartment Manager or designate. The Executive Director nature of Human Resources the grievance, the remedy sought, and wherever possible the section or sections of the Agreement which are alleged to have been violated shall within five (5) work days schedule a meeting with the grievant and the Association be set out in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition of the grievance Department Manager or designate will deliver a decision in writing within five seven (57) work calendar days of such meetingher receipt of the written grievance. The parties may, if they so desire, meet to discuss the grievance at a time and shall furnish a copy thereof place suitable to the grievantboth parties. Failing settlement, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition of next step in the grievance or if no disposition has been made within five procedure may be taken. Within seven (57) work calendar days of such meetingfollowing the decision under Step No. 1, the grievance may be transmitted submitted to the Superintendent. Within ten (10) work daysHuman Resources or designate, to be discussed at a meeting between Human Resources or designate, the Superintendent shall investigate the grievance, including holding a meeting which gives the aggrieved administrator said grievor(s) and the Association a reasonable opportunity to be heard. The Superintendent shall answer Union Representative, within seven (7) calendar days of receipt of the grievance in writing or within ten such other time as may be mutually agreed by the parties. Either party may have assistance from outside the Hospital at this stage if desired. Human Resources or designate shall give written disposition within seven (107) work calendar days of the day 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 BFailing settlement, Step 4 of the grievance procedure the Association either party 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 probationary administrator), 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 matter to arbitration under this grievance procedure. Written notice of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work fourteen (14) calendar days after receipt of the Superintendent’s Answer reply in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested2 is given. If no written request for arbitration is received within such notice is given within the 20 work fourteen (14) calendar day period, the Superintendentgrievance will be deemed to have been abandoned. 8:04 If an employee’s answer shall be final immediate supervisor and binding on Department Manager are the Associationsame person, the employee or employees involved, and grievance will be submitted to Step No. 2 within seven (7) calendar days following the Board of Educationdecision under Step No. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply1.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. In 19.01 Any complaint, disagreement or difference of opinion between the event an administrator believes there is basis for Employer, the Union or the employees covered by this Agreement, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance, he/she shall first discuss the . 19.02 Should any alleged grievance with arise as to the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result interpretation and application of the informal discussion with provisions of this Agreement, such grievances shall be processed within twenty-one (21) calendar days after the appropriate administrator circumstances giving rise to the grievance have originated or occurred, in the following manner and sequence: FIRST: The grievance form must be submitted to the Supervisor before a grievance still exists, it 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 reduced to writing given within five (5) work calendar days after discussion and submitted following presentation of the grievance. Failing settlement; the xxxxxxx or the Union Representative may advance the grievance to the same administrator on next step. Union Representative if they so desire. The decision of the form set forth in Appendix D. Step 3second step shall be given within fourteen (14) calendar days. If Failing settlement; the xxxxxxx or the Union Representative may advance the grievance is to the next step. 19.03 The term "working day" for the purposes of this Article shall not resolved be deemed to include Saturdays, Sundays and General Holidays. 19.04 If an employee, who has completed the probationary period, alleges that they have been unjustly discharged, they shall notify the Employer, in SECTION Bwriting, STEP 2, it shall be transmitted within five (5) work working days after date of separation, stating the reason of objection to the Executive Director of Human Resources. The Executive Director of Human Resources shall within five (5) work days schedule a meeting discharge and the grievance will be considered commencing with the grievant second step of 19.02 of this Article. 19.05 Should any grievance arise directly between the Employer and the Association in an effort Union as to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition interpretation and application of the grievance in writing within five (5) work days provisions 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 meetingthis Agreement, the grievance may shall be transmitted to taken up commencing with the Superintendent. Within ten (10) work dayssecond step of 19.02 of this Article. 19.06 Pending settlement of any grievance, the Superintendent aggrieved employee shall investigate perform the grievance, including holding a meeting which gives duties assigned to them by 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 AssociationEmployer. Step 5. If the grievance is not resolved at Section B19.07 A Union Representative as contained in this Article, Step 4 will mean a full- time employee 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyUnion.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE 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 1 Failing settlement at the informal discussion with the appropriate administrator a grievance still exists, it shall be reduced to writing within five (5) work days after discussion complaint stage and submitted to the same administrator on the form set forth in Appendix D. Step 3. If the grievance 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 following receipt of notification of the decision, the grievor has the right to present a writ- ten grievance to the Chair/Director (or designate) of her/his Department. The Chair/ Director (or designate) and the employee’s supervisor may meet with the grievor, Chief Xxxxxxx or Assistant Chief Xxxxxxx or Xxxxxxx and/or Union designate within ten (10) days to discuss the grievance. The Chair/Director (or designate) shall deliver her/his decision in writing to the grievor and the Union within ten (10) days of such that meeting. If no meeting takes place, the decision shall be delivered, in writing, to the grievor and the Union within ten (10) days of the presentation of the grievance to the Chair/Direc- tor (or designate). A copy of histhe written grievance, when received, shall be forwarded by the Department to Employee Relations, Human Resources Division. Step 2 Failing settlement of the grievance at Step 1 and within ten (10) days following receipt of notification of the deci- sion of the Chair/her Director (or designate), the grievor has the right to present the written grievance to the Xxxx (or designate) of her/his College. The Xxxx (or designate) may meet with the grievor, Chief Xxxxxxx or Assistant Chief Xxxxxxx or Xxxxxxx and/or Union designate within ten (10) days to discuss the grievance. The Xxxx (or des- ignate) shall deliver her/his decision in writing to the grievor and the Union within ten (10) days of that meet- ing. If no meeting takes place, the decision shall be furnished delivered, in writing, to the administrator involved grievor and the AssociationUnion within ten (10) days of the presentation of the grievance. Step 5. If the grievance is not resolved at Section B, Step 4 3 Failing settlement of the grievance at Step 2 and within ten (10) days following receipt of notification of the deci- sion under Step 2, the grievor has the right to present the written grievance to the Manager, Employee Relations (or designate). The Manager, Employee Relations (or designate) shall convene a meeting within ten (10) days with the grievor, Chief Xxxxxxx and/or Assistant Chief Xxxxxxx and/or Xxxxxxx and/or Union designate. With reasonable notice to the other Party prior to the meet- ing, either Party may have others attend who have infor- mation relevant to the specific grievance. The Manager, Employee Relations (or designate) shall reply in writ- ing within fifteen (15) calendar days of that meeting. Failing settlement of the grievance, the grievor and the Union, within fifteen (15) days of such decision, have the right to demand in writing that the matter be taken to arbitration in accordance with the procedure set out hereunder. (a) The time limits in both the Association grievance and arbitra- tion procedure may be extended only by mutual written consent of both Parties to this Agreement. Similarly, no step in the complaint/grievance pro- cedure may be waived without mutual written consent of both Parties to this Agreement. Where no answer is given within the time limit specified, the grieving Party shall be entitled to 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 probationary administrator), or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement next step of the partiesComplaint/Griev- ance Procedure. Should the grieving Party exceed the above time limits, the grievance shall be con- sidered to have been abandoned. (b) would No grievance may be subject submitted to arbitration under this grievance procedure. Written notice which has not been properly carried through all requisite steps of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyComplaint/Grievance Procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. A. A grievance within the meaning of this Agreement shall be any difference of opinion, controversy, or dispute arising between the parties hereto relating to any dispute between the parties involving interpretation or application of any provision of this Agreement. B. In the event an administrator believes there is basis for of such grievance, he/she the steps hereafter set forth shall first discuss the alleged grievance with the appropriate administrator either personally be following: Step 1: (a) An employee or accompanied by his/her Association representative. Step 2. If, as designated Representative with a result grievance shall first file a written statement of grievance and discuss the matter orally with the immediate Supervisor within seven (7) calendar days of occurrence of the informal discussion facts which give rise to the grievance with a view to resolving the grievance informally. The aggrieved party shall document with the appropriate administrator a grievance still exists, it shall be reduced to writing within five (5) work days after discussion immediate Supervisor the date and submitted to subject of the same administrator on the form set forth in Appendix D. Step 3grievance. If the grievance is not resolved in SECTION B, STEP 2presented within the aforementioned time period, it shall not thereafter be transmitted considered a grievance under this Agreement. (b) In the event the employee or the designated Representative is unable to resolve the matter pursuant to Step 1(a), the employee or the Representative shall present a formal written grievance to the Superintendent within three (3) calendar days after oral presentation provided for in Step 1(a). A meeting on the written grievance shall be held within five (5) work calendar 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 filing of the written 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 between the aggrieved administrator party 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 designated Representative and the Superintendent. Within ten A decision thereon shall be rendered in writing by the Superintendent within three (103) work daysworking days after the holding of such a meeting. In the event the grievance is not satisfactorily settled, the Superintendent shall investigate employee or the grievance, including holding a meeting which gives designated Representative may proceed to Step 2 of 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 5procedure. If the grievance is not satisfactorily resolved at Section BStep 1, the matter may be referred by the aggrieved party or the designated Representative to the Public Works and Engineering Committee within five (5) working days after the decision in Step 4 1. The employee or the designated Representative shall meet with the Public Works and Engineering Committee to discuss the grievance within five (5) working days from receiving the grievance. The Public Works and Engineering Committee or their designated Representative will give a written answer to the Union within three (3) working days from the date of the grievance procedure meeting. In the Association may submit event the grievance is not satisfactorily settled, the employee or the designated Representative may proceed to Step 3 of the procedure. If the grievance is not satisfactorily resolved at Step 2, the matter may be referred by the employee or the designated Representative to the Federal Mediation Mayor and Conciliation ServiceCouncil within seven (7) calendar days after the decision in Step 2. It is understood that only grievances involving termination of employment (except in A meeting on the case of termination of services or failure to re-employ any probationary administrator), 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 be delivered to the Superintendent held within 20 work fifteen (15) calendar days after receipt of the Superintendent’s Answer in Section B, Step 4written grievance. The Mayor and Council shall render a written notice shall identify decision within fifteen (15) calendar days after the provisions date of the agreement allegedly violated, shall state meeting. In the issue(s) involved and event the relief requested. If no such notice grievance is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Associationnot satisfactorily settled, the employee or employees involvedthe designated Representative may proceed to Step 4 of the procedure. The aggrieved party or the designated Representative may, within ten (10) calendar days after receipt of the decision from the Mayor and Council, file for arbitration in accordance with the rules and regulations of the New Jersey State Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyMediation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1It is the mutual desire of the Employer and the Union to ensure that complaints and grievances of employees are adjusted as quickly as possible. In the event It is generally understood that an administrator believes there is basis for grievance, he/she employee having a complaint shall first discuss give the alleged grievance supervisor an opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The employee may be accompanied with their xxxxxxx when up a complaint with the appropriate administrator either personally supervisor. Any written dispute regarding the application, administration, interpretation or accompanied by his/her Association representativealleged violation of this Agreementshall be considereda grievance. Step 2. If, as a result The grievance shall specify the of the informal discussion with Agreement of which a violation is alleged, contain a brief statement of the appropriate administrator a facts relied upon and indicate the relief sought, and the grievance still exists, it shall be reduced to 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 complaint or from the employee's knowledge of the occurrence giving rise to the grievance. The supervisor shall give an answer, in writing, to the xxxxxxx no later than five (5) work calendar days after discussion and submitted the grievance is first submitted. If the supervisor fails to give an answer to the same administrator on grievance within the form time limit set forth in Appendix D. Step 3. If One, or if the answer is unsatisfactory, the Union Executive Committee may within fourteen (14) calendar days, take the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director of Human Resourcesnext step, Step Two. The Executive A meeting shall take place, between the appropriate superintendent or manager responsible for the department, the Director of Human Resources shall within five (5) work days schedule a meeting with the grievant or their delegate and the Association in an effort to resolve Union Executive Committee, within seven (7) calendar days of the grievance. The Executive Director of Human Resources shall indicate his/her disposition receipt of the grievance at Step Two. The Employer shall deliver its decision in writing within five (5) work calendar days of such following the Step Two meeting, and shall furnish a copy thereof . If management fails to give an answer to the grievantgrievance within the time limit set forth in Step Two, or if the answer is unsatisfactory, 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 Union Executive Committee 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 refer the grievance to the Federal Mediation Director of Operations and Conciliation Servicethe National Union Representative within fourteen (14) calendar days who shall schedule a meeting to take place between the Director of Operations and/or other designated management and the National Union Representative and the Union Executive Committee within twenty-one (21) calendar days. It 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 filed within fourteen (14) calendar days of the incident giving rise to the complaint or from the knowledge of the occurrence giving rise to the grievance. The Union Executive Committee on behalf of an employee who is understood that only grievances involving discharged or suspended for more than three (3) days may file a grievance at Step Two of the grievanceprocedure within seven (7) calendar days of 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 (except in of a student and where the case of termination of services or failure student grieves, the Employer shall be required to re-employ any probationary administrator), or grievances not responded to at show that it acted reasonablyin discipliningor terminating the Superintendent’s level within the time limits (and not extended by written agreement employment 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applystudent.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. In 7.01 It is 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 mutual desire of the informal discussion with the appropriate administrator a grievance still exists, it parties hereto that complaints of employees shall be reduced adjusted as quickly as possible. The Union Grievance Committee shall consist of the Unit Chairperson. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to writing adjust his complaint. The employee shall discuss it with his immediate supervisor within five (5) work working days after discussion and submitted the circumstances giving rise to the same administrator on complaint have originated or occurred. Failing settlement, it may then be taken as a grievance within three (3) working days following the form set forth in Appendix D.advice of the immediate Supervisor’s decision. Step 3. If (a) The employee, with his representative may present the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days writing to the Executive Director of Human ResourcesDepartment Operations Manager. Failing settlement, the Department operations Manager shall deliver his decision in writing three (3) working days after the decision is given. (b) It is agreed that a grievor should be represented by his own representative in grievance meetings. (c) Attendance at Step #2 meetings will be limited to two (2) Management persons and one (1) Union Representative in addition to the grievor. The Executive Director Union may present the grievance in written form to the Branch Manager or Company Representative. A meeting will be held within ten (10) working days between the Branch Manager or Company Representative and the Union Grievance Committee. A Staff Representative of Human Resources the Union may be present at the request of either the Company or the Union. It is understood that the Branch Manager or Company Representative shall within five (5) work days schedule a have such counsel and assistance as desired at any meeting with the grievant and Grievance Committee. Failing settlement, the Association in an effort to resolve the grievance. The Executive Director of Human Resources shall indicate his/her disposition decision of the grievance Branch Manager or Company Representative shall be delivered in writing within five (5) work working days of such meeting, and shall furnish a copy thereof to the grievantUnion. 7.02 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any questions as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request is received within fourteen (14) calendar days after the decision under Step #3 is given, the Association, and the superintendentgrievance shall be deemed to be settled. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition of the grievance or if 7.03 Where no disposition written answer has been made given within five (5) work days of such meetingthe time limit specified, the grievance may be transmitted submitted to the Superintendent. Within ten (10) work days, next Step of the Superintendent shall investigate the grievanceforegoing procedure, including holding arbitration. 7.04 It is agreed that a meeting which gives grievance arising directly between the aggrieved administrator Company 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 Union shall be furnished to the administrator involved originated under Step #3 and the Association. time limits set out with respect to that 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 Serviceshall appropriately apply. It is understood understood, however that only grievances involving termination of employment (except in the case of termination of services or failure to re-employ any probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall this Article may not be final and binding on the Association, the used with respect to a grievance directly affecting an employee or employees involvedand that the regular Grievance Procedure shall not be thereby bypassed. 7.05 All grievances settled at Step #2 or #3 shall be in writing with a copy to the Union and Company signed by the Grievor, and either the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyBranch Manager or Company Representative.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 19.01 A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of this Agreement. 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 has first given her immediate supervisor an opportunity to adjust her complaint. In If an employee has a complaint, she shall discuss it with her immediate supervisor within nine (9) working days after the event an administrator believes there is basis for circumstances giving rise to the complaint have originated or occurred and, failing settlement, it may then be taken up as a grievance, he/she as defined above, within nine (9) working days following receipt of the immediate supervisor's decision in the following manner and sequence: If further action is to be taken, then within nine (9) working days of the discussion, the employee, who may request the assistance of her employee representative, shall first discuss submit the written grievance to the Program Director or designate. A meeting will be held between the parties within nine (9) working days. The Program Director or designate shall give a written decision within nine (9) working days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. The employee, together with her representative, may present her 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 in 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 grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director or her designate. A meeting will be held within nine (9) working days between the Executive Director or her designate and the grievor and a representative of Human Resourcesthe Association unless extended by agreement of the parties. An advisor to the Association may be present at the request of the Association. The decision of the Executive Director of Human Resources or her designate shall be delivered in writing within five fourteen (514) work days schedule a working days. It is understood that the Executive Director or her designate shall have such counsel and assistance as she may desire at such meeting with the grievant and Association. Within 9 calendar days following the Association in an effort to resolve the grievancedecision under Step No. 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 meeting2, the grievance may be transmitted submitted to a Grievance Mediation Officer, who will attempt to mediate a settlement of the Superintendentgrievance. Within ten (10) work days, Upon being advised that the Superintendent shall investigate Grievance Mediation Officer has been unable to effect a settlement of the grievance, including holding a meeting which gives the aggrieved administrator and the Association a reasonable opportunity to be heard. The Superintendent shall answer then the grievance may be submitted to arbitration as provided herein. Where it is mutually agreed by the parties that the service of a Mediation Officer is retained, the cost shall be shared by the parties. Where there is no such agreement the cost shall be paid by the party requesting the service. 9.03 Failing a settlement under Step No. 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 matter is arbitrable, such difference may be taken to arbitration as provided in writing Article 10 and, if no written request for arbitration is received within ten (10) work full working days of such meetingafter the decision in Step No. A copy of his/her decision 2 is given, it shall be furnished deemed to the administrator involved and the Associationhave been settled. 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 1. In 7.02.1 All grievances shall be dealt with in the event an administrator believes there is basis for grievance, he/she shall first discuss the alleged grievance following manner: a. The Union will file a written Notice of 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 grievance 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 Employer’s Representative within ten (10) work business days of such the date the incident first occurred, except for a grievance filed under Article 25 (Health and Safety) in which case the Union will have fifteen (15) business days or Article 4 (Harassment), in which case the Union will have thirty (30) business days. b. The Employer’s Representative will provide the Union with a written response to the Notice of Grievance within ten (10) business days. c. The Union will seek to settle the dispute with the Employer’s Representative or appointed designate from the Staff Relations Committee to the satisfaction of the Union, which may include a meeting. A copy of his/her decision shall The Griever has the right to be furnished present at this step. Where the Employer’s Representative appoints a designate from the SRC, the designate’s name and email contact information must be provided 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 ServiceUnion immediately. It is understood that only grievances involving termination the designate will be the Union’s point of employment contact for the grievance going forward. d. Failing resolution of the grievance to the mutual satisfaction of the Union and the Employer, either may request an escalation of the resolution process to Step Two within ten (except in 10) business days of the case issuance of termination the Employer’s response. e. Should no further request or response be brought forward by the Union within ten (10) days of services the Employer’s response being issued or failure a meeting taking place, the matter will be considered to re-employ any probationary administrator), or grievances not responded be resolved to at the Superintendent’s level within the time limits (and not extended by written agreement mutual satisfaction of the parties) would , and no further action will be subject to arbitration under this grievance procedure. Written notice expected or required. a. Failing resolution of the intent grievance under Step One, the Union shall request a meeting between the Union and the Employer’s Representative or appointed designate from the Staff Relations Committee to file for arbitration attempt to resolve the matter. This meeting will occur no later than ten (10) business days following the request. b. Failing resolution of the grievance to the Federal Mediation mutual satisfaction of the Union and Conciliation Service shall the Employer, either may request an escalation of the resolution process to Step Three after ten (10) business days following the last meeting attended by all parties. c. Should no further request or response be delivered brought forward by the Union within sixty (60) days following the last meeting attended by all parties, the matter will be considered to be resolved to the Superintendent within 20 work days after receipt mutual satisfaction of the Superintendent’s Answer in Section Bparties, Step 4and no further action will be expected or required. The written notice shall identify the provisions Failing resolution of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day periodgrievance under Step Two, the Superintendent’s answer shall grievance will be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action resolved through the judicial system, arbitration process as a means of resolution does not applydefined under Article 8.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 19.01 The parties agree that their interests are best served by the speedy resolution of grievances. In To this end, should any differences arise as to the event interpretation, application, administration or alleged violation of the provisions of this Agreement, the following procedure for instituting a grievance may be invoked by an administrator believes there is basis for individual employee, by a number of employees jointly claiming the same grievance, by the Union or by the Employer. 9.02 If an employee has a complaint, he/she shall must first discuss the alleged grievance with the appropriate administrator either personally or accompanied by give opportunity to his/her Association representativeimmediate supervisor to discuss and resolve the complaint before a grievance is filed. 9.03 Grievances shall be dealt with in the following manner: Step 2. If1: An employee having a grievance or a designated member of a group having a grievance shall, as a result within twenty (20) days of the informal discussion date on which the cause of the grievance occurred or ought reasonably to have been known to the grievor(s), take up the grievance, which will be in writing, with the appropriate administrator a grievance still exists, it shall be reduced to writing within five (5) work days after discussion and submitted to immediate supervisor outside the same administrator on scope of the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director of Human Resourcesbargaining unit. 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 supervisor will render his/her disposition of the grievance decision in writing within five (5) work days of such meeting, and shall furnish a copy thereof to the grievant, receipt of the Association, and the superintendentgrievance. Step 4. If 2: The Union shall designate a committee consisting of one member of the aggrieved administrator or bargaining unit and the Association is not satisfied Union representative to take up with the disposition of Publisher and/or his/her representative, any grievance not resolved in Step 1. 1. The grievor, the Union grievance or if no disposition has been made committee and the Publisher and/or his/her representative shall meet within five (5) work days of such meeting, receipt of 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 heardat Step 2. The Superintendent Publisher or his/her representative shall answer the grievance in writing within ten (10) work days of such meeting. A copy of render his/her decision shall be furnished in writing to the administrator involved and Union grievance committee not later than five (5) days following the AssociationStep 2 meeting. 9.04 All Step 5. If the grievance is not resolved at Section B2 written grievances shall contain only one grievance, 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement clause(s) allegedly violated, shall state the issue(s) involved persons involved, the date on which the alleged grievance occurred and the relief requested. If no such notice is given within sought. 9.05 No grievance may be processed to arbitration unless the 20 work day periodrequirements of 9.02, the Superintendent’s answer shall be final and binding on the Association9.03, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.and

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. 28.01 Where a difference arises between the Parties hereto relating to the interpretation, application or 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 is made. 28.03 In the event that an administrator believes 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 basis just cause 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, setting out the nature of the grievance and the redress sought. The grievance shall then be taken forward as follows: Step One Within fifteen (15) working days after the matter giving rise to the grievance first arose the grievance shall be filed with the Platoon Chief/Division Chief affected, 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 five seven (57) work working days after discussion and from the date of the meeting. Provided that, where the superior officer directly involved in the matter is the rank of Division Commander/Deputy Chief, the grievance shall be submitted to that Division Commander/Deputy Chief. Step Two In the same administrator on event that the form set forth in Appendix D. Step 3. If the grievance matter is not resolved in SECTION Bat Step One, STEP 2the Grievance Committee may, it shall be transmitted within five seven (57) work working days after the receipt of said decision forward a copy of the grievance together with the decision to the Executive Director Fire Chief. Upon receipt of Human Resources. The Executive Director of Human Resources such copies, the Fire Chief, or his designate shall within five (5) work days schedule a meeting confer forthwith with the grievant Grievance Committee, and the Association in an effort to resolve the grievance. The Executive Director of Human Resources employee involved, if required, and shall indicate render his/her disposition decision, in writing, within seven (7) working days from the date of the meeting. Step Three In the event that the Fire Chief or his designate does not provide redress satisfactory to the 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 designate, a copy of the grievance in writing within five (5) work days together with the decision of the Fire Chief, or his/her designate and upon receipt of such meetingcopies the Director of Employee and Labour Relations or his/her designate, shall forthwith confer with the Grievance Committee and shall furnish a copy thereof to advise 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 Grievance Committee in writing within ten (10) work working days of such the said meeting. A copy Group Grievances 28.04 Where a grievance involves a group of his/her decision employees, said grievance shall be furnished to the administrator involved and the Association. filed at Step 5. If the grievance is not resolved at Section B, Step 4 Two (2) 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyGrievance Procedure.

Appears in 2 contracts

Samples: Collective Agreement, Memorandum of Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance is a complaint, dispute, or controversy involving the interpretation, application or alleged violation of a specific provision of this Agreement. 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 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 processed in the following manner: Step 1. In the event an administrator believes there is basis for grievance, he/she Any grievance shall first discuss be brought to the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result attention of the informal discussion with the appropriate administrator a grievance still exists, it shall Operations Manager or designee. A shop xxxxxxx or other Union representative may 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 present when the grievance is not resolved in SECTION B, STEP 2, it shall presented. A grievance must 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. presented at 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 1 within ten (10) work calendar days of such meeting. A copy the alleged violation or the date that the employee or Union representative knew or should have known of his/her decision the occurrence giving rise to the grievance or shall be furnished deemed untimely for all purposes. The grievance must be presented in writing and dated, and identify the problem leading to the administrator involved and the Associationgrievance. Step 52. If the grievance is not resolved at Section BStep 1, Step 4 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 procedure, the Association may submit 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 Federal Mediation and Conciliation Service. It is understood that only grievances involving termination of employment (employee(s) involved in the grievance, except in the case of termination of services or failure to re-employ any probationary administrator)a group grievance. In such case, or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement an officer of the partieslocal union will sign. Within ten (10) would be subject to arbitration under this grievance procedure. Written notice calendar days of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section BStep 2 grievance, Step 4the Executive Director will meet with the grievant and, if the grievant requests, a representative of the Union. The parties may mutually extend the time period to hold the Step 2 meeting. The Executive Director shall give a written notice shall identify response within ten (10) calendar days immediately following the provisions Step 2 meeting. Step 3. (Arbitration) The decision of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall Executive Director will be final and binding unless the grievance is appealed to arbitration within ten (10) calendar days of the Step 3 response. Such appeal shall be directed to the Executive Director. 5.4 The jurisdiction and authority of the arbitrator shall be confined exclusively to the interpretation of the specific provision(s) of this Agreement at issue between the Union and the Employer. The arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement or impose on the Associationany 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, the employee or employees involvedwaived and lost forever, and the Board 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 Educationa 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 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 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 any event, will render a decision within 48 hours after the event conclusion of the administrator elects legal action through hearing; F. The arbitrator’s decision will be based on the judicial systemrecord before the arbitrator, arbitration as and may include a means brief written explanation of resolution does not applythe basis for such conclusion; G. The arbitrator’s decision will be final and binding upon the parties; H. No decision by an arbitrator in this expedited process shall be deemed to establish any practice or any precedent for future proceedings; I. An arbitrator who issues a bench decision will furnish a written copy of the award to the parties within forty-eight (48) hours of the close of the hearing; and J. The fees of the arbitrator will be borne equally by both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1. In 26:01 When a civilian member of the event an administrator believes there is basis for grievance, Association has any grievance or complaint he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by forthwith convey to 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 immediate supervisor (5verbally) work days after discussion and submitted all relative facts relating to the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days to the Executive Director of Human Resourcesor complaint. The Executive Director of Human Resources shall within five (5) work days schedule a meeting with the grievant civilian member and the Association in an supervisor shall make every effort to resolve this issue at this preliminary stage. 26:02 If the grievancecivilian member and the supervisor fail to resolve the complaint or grievance within forty-eight (48) hours of the 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 Executive Director of Human Resources grievor shall indicate reduce his/her disposition grievance to writing and present same to the Chief of Police or his/her designate for consideration. 26:04 The Chief of Police shall inquire into 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 calendar days deliver his/her decision with respect to the complaint or grievance to the grievor. 26:05 The grievor, if dissatisfied with the ruling of the Chief of Police, shall forward the complaint or grievance to the Board within thirty (30) calendar days of receipt of the Chief’s decision. 26:06 The Board shall, within thirty (30) calendar days of receipt of the grievance, meet with the grievor and inquire into the grievance and render a decision in connection with same within thirty (30) calendar days of such meeting. A copy of hisThe grievor may when meeting with the Board have with him/her a representative of the Association and/or the P.A.O. In the 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, within thirty (30) calendar days of receipt of written notice of such decision, to an arbitrator for a final and binding decision. The arbitrator shall be furnished appointed by the Solicitor General unless otherwise agreed to by the administrator involved parties and shall, in accordance with the Association. Step 5. If the grievance is not resolved at Section BPolice Services Act, 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 probationary administrator), 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 act as an arbitrator under this grievance procedure. Written notice of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state said Act. At the issue(s) involved and time of forwarding the relief requested. If no such notice is given within the 20 work day periodgrievance to an arbitrator, the Superintendent’s answer grievor shall provide written notification of same to the Board. 26:08 The time limits specified in this procedure may be final and binding on extended with the Association, consent of the employee or employees involved, and the Board of Education. If parties at any stage in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyproceedings.

Appears in 2 contracts

Samples: Civilian Working Agreement, Civilian Working Agreement

GRIEVANCE PROCEDURE. Step 1. In 7.1 For the event an administrator believes there purpose of this Agreement a grievance is basis defined as any dispute or difference arising between the parties as to the interpretation, application or administration of this Agreement and shall be considered a proper subject matter for grievance, he/she shall first discuss . It is mutually agreed between the alleged grievance with parties that the appropriate administrator either personally or accompanied by his/her Association representative. Step 2. If, as a result complaints of the informal discussion with the appropriate administrator a grievance still exists, it employees shall be reduced to writing presented within five (5) work working days after discussion and submitted from the date of the occurrence giving rise to the same administrator on complaint, or from the form set forth date they became aware of the 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) with his xxxxxxx will co-operate in Appendix D. Step 3making this informal complaint procedure effective in the clarification of misunderstanding, complaints and redress sought. If the grievance complaint is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work working days it may be referred to Step 2 of the Executive Director of Human ResourcesGrievance Procedure. The Executive Director of Human Resources Failing satisfactory settlement in Step #1, the Union, through a shop xxxxxxx, 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 file the grievance in writing within five (5) work working days of such meeting, and shall furnish a copy thereof to the grievantDepartment Head setting forth the particulars of the grievance, the Associationredress sought and, and where possible, the superintendent. Step 4. If the aggrieved administrator article or the Association is not satisfied with the disposition clause of the grievance or if no disposition has been made Agreement violated. The shop xxxxxxx shall be advised of the decision in writing within five (5) work working days of such meetingafter receiving the written grievance. Failing satisfactory settlement in Step #2, the grievance may be transmitted to Union Grievance Committee shall advise 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 Township Administrator within ten (10) work working days that the Union wishes to proceed to Step #4, setting forth the particulars of such meetingthe grievance, the redress sought and, where possible, the article or clause of the Agreement violated. A copy of his/her decision 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 furnished to advised of the administrator involved Employer’s decision in writing within five (5) working days after receiving the written grievance. Failing a satisfactory settlement and the Association. Step 5. If the grievance is not resolved at Section B, Step 4 of providing that the grievance procedure has been properly observed, the Association 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 submit 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 grievance employer and the Union shall be originated at Step #3 and the time limit set out with respect to the Federal Mediation step shall appropriately apply. A dispute, which is properly a matter between an individual employee and Conciliation Servicean employer, shall not be processed as a policy grievance. It is understood that only grievances In clarification, matters involving termination 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 employment 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 (except 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 case of termination of services Union to be discharged or failure suspended contrary to re-employ any probationary administrator), or grievances not responded to at the Superintendent’s level terms within the time limits (and not extended by written agreement Collective Agreement shall be entitled to a hearing at Step #3 of the parties) would be subject to arbitration under this grievance procedureGrievance Procedure. Written notice Steps #1 and #2 of the intent Grievance Procedures shall be omitted in such cases. 7.6 The parties may agree to file for arbitration participate in a process of grievance mediation prior to either party filing the matter to Arbitration. This 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 extended. A list of mutually agreed upon mediators will be selected by their first available date. List attached to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer Collective Agreement in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not apply.Appendix “B.”

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Step 16.01 A grievance is defined to be any difference between the parties or between an employee and the Employer, relating to the interpretation, application or administration of this agreement. 6.02 It is of the utmost importance to adjust grievances as quickly as possible. In To be considered, a grievance must be presented within ten (10) days from when the event an administrator believes there is basis for grievancecircumstances giving rise to it occurred or originated. The time limit, he/she shall first discuss in this Article may be extended by mutual written agreement. Saturdays, Sundays and Holidays are excluded from the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representativetime limits in this Article. Step 21 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. IfIf no settlement is reached, the matter may be formalized as a result of the informal discussion grievance and dealt with the appropriate administrator a as follows; Step 2 The grievance still exists, it shall be reduced presented in writing by the grievor and his Union Xxxxxxx or a Union Grievance Committee member, to writing 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) work days after discussion and submitted from receipt of the decision at Step 2, the Union shall submit the grievance to the same administrator on the form set forth in Appendix D. Step 3. If the grievance is not resolved in SECTION B, STEP 2, it City Manager who 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 meet 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 grievantUnion Grievance Committee, the Association, and the superintendent. Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition following month 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 on a meeting which gives the aggrieved administrator and the Association a reasonable opportunity date mutually agreed upon, to be heardconsider Step 3 grievances. The Superintendent Union shall answer have the grievance right, at any time during the Grievance process, to have the assistance of a representative of the Local Union. The City Manager will render his decision in writing within ten (10) work days of from such meeting. 6.03 If no settlement is reached at Step 3, the matter may be referred in writing by either party to arbitration within thirty (30) days from receipt of the decision 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 copy of his/her decision policy grievance initiated by the Union, shall be furnished to the administrator involved and the Association. submitted in writing, commencing at Step 5. If the grievance is not resolved at Section B, Step 4 3 of the grievance procedure procedure, within fifteen (15) days from where the Association circumstances giving rise to it occurred or originated. The time limits may submit the be extended by mutual agreement. A policy grievance will confine itself to matters relating to the Federal Mediation and Conciliation Service. It is understood that only grievances involving termination interpretation, administration, application or alleged violation of employment (except in the case of termination of services agreement, which are inappropriate for an employee grievance single or failure group. 6.05 The arbitrator or the board will have no authority to re-employ any probationary administrator)alter, change, or grievances not responded to at the Superintendent’s level within the time limits (and not extended by written agreement modify any of the parties) would terms and conditions of this Agreement. Any question as to arbitrability will be subject to arbitration under this grievance procedure. Written notice determined by the arbitrator. 6.06 The decision of the intent to file for arbitration to the Federal Mediation and Conciliation Service shall be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall arbitrator will be final and binding on binding. Each party to this agreement will pay the Association, fees and expenses of the employee arbitrator. 6.07 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or employees involved, and settle the grievance. 6.08 Neither party shall disclose in any manner to the Board of Education. If in Arbitration any information concerning previous offers of settlement made by the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyother party.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Each grievance will be processed in the following manner: Step 1I. Within 15 calendar days after the occurrence of the 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. In Within 10 business days after the event an administrator believes there grievance is basis for submitted to the supervisor, the supervisor will respond in writing. If s/he wishes, the employee involved may be accompanied at any grievance, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied -related meeting by a Union representative of his/her Association representativechoice who is reasonably available. 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 3II. If the grievance grievant is not resolved in SECTION B, STEP 2, it shall be transmitted within five (5) work days satisfied with the response to the Executive Director grievance by the supervisor, s/he may, within 10 business days of Human Resourcesreceipt of the supervisor’s decision, request in writing that the department head review the decision. The Executive Director If the supervisor is the department head, the grievance will skip to Step III. Within 10 business days of Human Resources such request, the department head 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 render his/her disposition of the grievance decision in writing within five (5) work days of such meeting, and shall furnish a copy thereof to the grievant, the Association, and the superintendentwriting. Step 4III. If the aggrieved administrator or the Association grievant is not satisfied with the disposition of the grievance or if no disposition has been made by the department head, s/he may, within five (5) work 10 business 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.receipt of said decision, request in writing, that Step 5IV. If the grievance grievant is not resolved at Section B, Step 4 satisfied with the disposition of the grievance procedure by the Association may submit City Manager, 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 probationary administrator)Union may, 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 be delivered to the Superintendent within 20 work 10 business days after from receipt of the SuperintendentCity Manager’s Answer decision, request, in Section Bwriting, Step 4that 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 written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer name remaining shall be final and binding on the Associationarbitrator. Seven business days shall be allowed for the striking. The parties may, the employee or employees involvedby mutual agreement, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as request a means of resolution does not applynew panel.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Step 1For the purposes of this Agreement, days shall mean calendar days for initial submission of a grievance. In All other references to days in this section mean workdays in accordance with each specific office staff position. X. Xxxxxxxxxx shall be handled in the event an administrator following manner: Any employee who believes there is basis for grievance, he/she has a grievance shall first discuss present it, in writing, to the alleged immediate supervisor, with a copy to the Building Representative. Any such grievance shall be presented within fourteen (14) days after the occurrence of the event giving rise to the grievance or fourteen (14) days after the employee becomes aware of the grievance. A meeting shall then be set to occur within seven (7) days following the presentation of the grievance. Those present at such meeting shall be the aggrieved employee, the Building Representative, the immediate Supervisor and the building Principal, if appropriate. The immediate Supervisor’s answer shall be given in writing to the aggrieved employee with a copy to the appropriate administrator either personally or accompanied by his/her Association representativeBuilding Representative within seven (7) days following said meeting. Step 2. IfB. If the grievance is not settled satisfactorily as provided above, as a result the written appeal shall be submitted to the Director of Human Resources by the grievant within seven (7) days after its receipt of the informal discussion with the appropriate administrator a grievance still exists, it answer in 13.31 above. A meeting shall be reduced held within ten (10) days, at which the immediate Supervisor, the Principal, if appropriate, the Director of Human Resources, the Council President and the aggrieved employee shall be present. An attempt shall be made normally to writing resolve the grievance at said meeting, but in any event the Director of Human Resources’ answer shall be given to the grievant within five (5) work days after discussion and submitted with a copy to the same administrator on the form set forth in Appendix D.Union. Step 3. C. If the grievance is not resolved settled satisfactorily as provided above, the grievant may appeal, in SECTION Bwriting, STEP 2, it shall be transmitted within five (5) work days to the Executive Superintendent, within seven (7) days following the Director of Human Resources’ answer. The Executive Director of Human Resources A meeting shall be held within five seven (57) work days schedule a meeting with in which the grievant immediate supervisor, the Principal, the Superintendent, the Union President and the Association in an effort aggrieved employee shall be present. An attempt shall be made normally 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 at said 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 but 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day periodevent, the Superintendent’s answer shall be final given to the grievant within seven (7) days following the next succeeding regular meeting of the Board. D. If the grievance is not settled satisfactorily as provided above, grievant may appeal, in writing, to the Board within seven (7) days following the Superintendent’s answer. The Board shall hear the matter no later than at its next regular Board meeting and shall render its decision not later than seven (7) days thereafter. E. If the matter is not settled satisfactorily as provided above, Union may appeal in writing to the Superintendent within seven (7) days following the Board’s answer, requesting that an impartial arbitrator be produced to give his opinion as to the proper interpretation or application of the provision of the Agreement involved. The parties shall meet within ten (10) days thereafter to choose an impartial arbitrator for this purpose. The arbitrator’s authority shall be specifically limited to an interpretation of a specific provision, or provisions of the Agreement as applied to the facts of the written grievance involved. The arbitrator shall have no right to amend, modify, nullify, ignore or add to the provisions of this Agreement. His decision shall be based solely upon the interpretation of the meaning or application of terms of this Agreement to the facts of the grievance presented. The arbitrator’s decision shall be binding on the Association, the employee or employees involved, Board and the Union. The costs of such arbitration shall be borne equally by the Board of Education. If in and by the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applyUnion.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. A grievance is defined as an employee or employees' claim(s) against the Employer arising out of the interpretation and application of specific provisions of the Agreement or discipline exceeding a three (3) day suspension. Section 2. The steps toward settlement of a grievance shall be as follows: Step 1. In An employee, with the event an administrator believes there is basis for grievanceassistance of the Union, shall discuss any alleged violation with the employee's supervisor within five (5) working days following its occurrence (or the date when he/she should have had knowledge of its occurrence) in an effort to resolve the problem. The supervisor shall first discuss respond orally no later than five (5) working days after the alleged initial discussion. The only exception to the use of Step 1 shall be in a situation where the immediate supervisor is the elected official or department head. In such cases, the grievance with the appropriate administrator either personally or accompanied by his/her Association representativeshall skip Step 1 and begin at Step 2. Step 2. IfIf the Step 1 response fails to resolve the matter, as a result the aggrieved employee, with the assistance of the informal discussion with Union, shall present the appropriate administrator a grievance still existsin writing, it shall be reduced citing specific provisions of the Agreement allegedly violated, to writing within the elected official or department head five (5) work working days after discussion and submitted to following receipt of the same administrator on Step 1 response. On or before the form set forth fifth working day following receipt of the written grievance, the appropriate official will answer the grievance in Appendix D.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 is not resolved in SECTION B, STEP 2, it shall be transmitted to the Employer's Human Resources Director within five (5) work 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 Executive Director of Human ResourcesAFSCME Iowa Council 61 representative. The Executive HR Director of Human Resources shall within five (5) work days schedule a meeting with the grievant and the Association Union shall cooperate in an effort the scheduling of their meeting so that the same may precede the deadline for the HR Director to resolve the grievanceissue a final answer by a minimum of seven (7) full working days. The Executive Director of Human Resources shall indicate his/her disposition 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 writing the resolution of the grievance. Section 3. If a grievance is not presented within five (5) work days any of such meetingthe time limits specified in this Article, it shall be waived and the Employer's last answer shall furnish a copy thereof be final and binding. Section 4. Any grievance not settled to the grievant, satisfaction of the Association, and the superintendent. Union in Step 4. If the aggrieved administrator or the Association is not satisfied with the disposition 3 of the grievance or if no disposition has been made within five (5) work days of such meeting, the grievance procedure may be transmitted appealed to arbitration, providing the appeal to arbitration is in writing to the Superintendentother party. Within ten (10) work days, An employee may not appeal to arbitration without the Superintendent shall investigate approval of the grievance, including holding a meeting which gives the aggrieved administrator and the Association a reasonable opportunity to Union. This appeal must be heard. The Superintendent shall answer the grievance in writing made within ten (10) work working days of such meeting. A copy of his/her decision shall be furnished to the administrator involved and the Association.after the Step Section 5. If After either party has notified the grievance is not resolved at Section B, Step 4 other of the grievance procedure the Association may submit the 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. It is understood that only grievances involving termination of employment (except in The Employer and the case of termination of services or failure to re-employ any probationary administrator), 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 Union shall be delivered to the Superintendent within meet/have a phone discussion no later than 20 work working days after receipt of said list and strike four (4) names from the Superintendent’s Answer in Section Bsubmitted list with the person whose name remains to become the arbitrator. Provided, Step 4however, 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 written notice Union shall identify make the provisions first strike on the list. Section 6. The arbitrator shall conduct a hearing on the grievance within a reasonable time and shall be 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 agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer arbitrator shall be final and binding on upon the Associationparties. Unless otherwise agreed to by the Employer and the Union, the employee or employees involved, decision of the arbitrator and the Board 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 Educationthe arbitrator will be shared equally by the parties. If in Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the event arbitration hearing shall be made unless requested by a party. The cost of stenographic reporting of the administrator elects legal action through hearing shall be borne by the judicial system, arbitration as party requesting the same. Such cost shall include a means copy of resolution does not applythe transcript for the arbitrator and the non-requesting party should either or both of them desire the same.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. A grievance under this Agreement is a dispute, claim or complaint arising under and during the term of this Agreement, and is limited to matters of interpretation or application of express provisions of the Agreement. B. Both parties shall be responsible for any and all costs and out-of- pocket expenses incurred by the individual party. C. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further action or appeal. Failure to provide a written answer on the grievance within the specified time limits shall permit automatic advancement to the next step of this procedure within the time allotted had the decision been given. Time limits may be extended by mutual written agreement of both parties. D. The following shall be the grievance procedure (Working days shall mean Monday through Friday excluding Holidays, not the actual days worked by grievant): Step 1 ( Verbal Step): Step 2 ( 1st Written Step): 1. In If the event an administrator believes there is basis for grievanceaggrieved employee does not receive a satisfactory answer from the Director of Public Safety and Police Services or designee within three (3) working days after his/her presentation, 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 grievance 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 may submit the grievance in writing within five (5) work days of such meeting, and shall furnish a copy thereof written form to the grievantDirector of Public Safety and Police Services or designee, the Association, and the superintendent. Step 4for a written decision. If the aggrieved administrator or the Association is not satisfied with the disposition of the grievance or if no disposition has been The submission must be made within five (5) work working days of such meeting, the grievance may be transmitted to the Superintendentfollowing an unsatisfactory answer. Within ten (10) work days, the Superintendent shall investigate the grievance, including holding a meeting which gives If 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 employee wishes, he/she may have his/her decision shall be furnished to Xxxxxxx or union representative assist him/her in the administrator involved written presentation. The written grievance must specify 1) the Section and Paragraph of the AssociationAgreement allegedly violated 2) date of occurrence of each alleged violation 3) manner of alleged violation, and 4) the adjustment requested. Step 52. Upon receipt of the written grievance, the Director of Public Safety and Police Services or designee, shall set a place and time within seven (7) working days for a grievance hearing. If the aggrieved employee wishes, he/she may have his/her Xxxxxxx or Union representative assist him/her at the grievance is hearing. Whether or not resolved his/her Xxxxxxx or Union representative assists at Section Bthe grievance hearing, Step 4 the Xxxxxxx and the President shall each receive a copy 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 probationary administrator), 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 be delivered to the Superintendent within 20 work days after receipt of the Superintendent’s Answer in Section B, Step 4. The written notice shall identify the provisions of the agreement allegedly violated, shall state the issue(s) involved and the relief requested. If no such notice is given within the 20 work day period, the Superintendent’s answer shall be final and binding on the Association, the employee or employees involved, and the Board of Education. If in the event the administrator elects legal action through the judicial system, arbitration as a means of resolution does not applydecision.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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