GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II. 4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement. 4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines. Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 9 contracts
Samples: Master Contract, Master Contract, Master Contract
GRIEVANCE PROCEDURE. 4.1 10.01 A grievance is defined to be any difference that may arise between the parties to:
10.01.01 Any claim by an employeematter relative to rate of pay, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hourshours of employment, or terms and other conditions of employment which concerning health, safety, and general welfare as set forth in this Agreement.
10.01.02 Any matter involving an alleged violation of any of the provisions of this Agreement.
10.02 An individual employee will have the right at any time to present his/her grievance to the school district and to have the grievance fully adjusted without the intervention of the Union or its representatives, as long as the adjustment is not inconsistent with the terms of this Agreement Agreement. At the time of the initiation of such a personally presented grievance, the Employer will notify the Local Union President, that same day, that such proceedings have begun. At the time of any adjustment of the grievance, the Local Union President or School Board Policy shall his/her designate will be given the opportunity to be present. No adjustment will be made at unusual times or in such a grievancemanner to deny the Local Union President or his/her designate the opportunity to be present. If In those instances where an adjustment is reached without the presence of the Local Union President or his/her designate, the circumstances surrounding the grievance involves any and the adjustment will be submitted to the Local Union President in writing within two (2) working days of the rights granted final adjustment.
10.03 If more than one (1) employee has a similar complaint, within the definition of a grievance as outlined above, which has been discussed at Step 1, and it is mutually agreed by both parties to the Unionthis Agreement to be of a single common nature, the grievance will be deemed a Class Action Grievance and the Local Union President or his/her designate may be filed by the Union directly to file this Class Action Grievance at Step II2 in lieu of individual grievances.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.10.04 Step 1
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (10.04.01 Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when knowledge by the employee responsibly should have gained knowledge of its occurrencean alleged violation, the employee and/or Xxxxxxx shall discuss the problem with the employee’s immediate supervisor per the administrative Chain of Command. Any adjustment reached in the informal discussion Written evidence of this meeting shall be consistent with made and signed by both parties including the terms of this Agreement. If, after informal discussion with problem and the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesdate.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeThe parties agree to the following governing principles for the filing and processing of grievances:
a. If a resolution cannot be reached through the informal process provided in Section 6.02, or the Faculty member(s) may file a group of employees, grievance at the administrative level immediately above the level at which the action occurred that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with gave rise to the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the The grievance may be filed by at a higher level if the Union directly to Step II.
4.2 The grievant(s) parties mutually agree in writing. If the action occurred at the Chancellor’s level or above, the grievance shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance filed with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrenceChancellor. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a such grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five the forty-two (542) working days following the disposition day period noted in Section 6.04.
b. The written grievance shall contain a statement of the facts, the provision or provisions of this Agreement that are alleged to have been violated, and the relief requested. If there was an attempt at informal resolution, the written grievance or may also provide information on the expiration of the disposition timelinesinformal process.
Step I c. A formal written grievance must meeting shall be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance held at the lowest administrative level at which the relief may be granted. Such form will be available from grievance is filed within fourteen (14) days after the Union representative and will be available on the District websitegrievance is filed. The facility manager will schedule and conduct meeting shall be between the Administrator (or designee), the Grievant(s), and, if requested by the Grievant(s), an Association representative. The Grievant(s) and/or Administrator (or designee) may invite an additional person(s) to participate in the meeting, provided the name(s) is given to the other party at least 24 hours in advance of the meeting. The Administrator (or designee) shall provide a Step I hearing written response to the Grievant(s) or the Association as appropriate no later than fourteen (14) days after the meeting.
d. If the grievance is denied at the level filed, the Grievant(s)/Association may file an appeal(s) to the next administrative level within five fourteen (514) work days of the receipt of written denial, up to and including the formal grievanceChancellor (e.g., an appeal of a Xxxx’x determination shall be filed with the Xxxxxxx; an appeal of the Xxxxxxx’x determination shall be filed with the Chancellor, etc.). The facility manager will parties may, by mutual written agreement, skip appeal level(s) in a specific instance. The Administrator (or designee) with whom the appeal is filed may hold a meeting with the Grievant(s)/Association if the Administrator (or designee) believes it is necessary. The Grievant(s) and/or Administrator (or designee) may invite an additional person(s) to participate in the meeting, provided the name(s) is given to the other party at least 24 hours in advance of the meeting. Any such meeting shall be held within fourteen (14) days after the filing of the appeal. The Administrator (or designee) shall provide a written response to the appeal to the Grievant(s) or the Association as appropriate within fourteen (14) days after the filing of the appeal or within fourteen (14) days after the meeting regarding the appeal, whichever is later. If the appeal is filed with the Chancellor, then the Grievant(s) shall have fiveno further internal appeal rights and may elect to request arbitration in accordance with Section 6.07.
e. The parties agree that the processing of merit pay and workload grievances shall be given priority over other grievances.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision 1. The purpose of this written agreement or School Board Policy that affects educational support personnel's procedure is to secure at the lowest possible level equitable solutions to complaints arising with respect to wages, hours, or terms and conditions hours of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appealswork, or other proceedings relative conditions of employment. Conditions of employment not specifically expressed in this Agreement shall not be subject to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationArticle 6, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementArbitration.
4.3 In the event that an employee believes there is a basis for 2. Failure to submit a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the discovery of the act or condition complained will constitute a forfeiture of the right to file. Any decision rendered in a grievance, filed within the time when limits prescribed herein, shall be limited to the party (ies) on whose behalf the grievance was filed, unless otherwise agreed to by the parties. Should the District fail to respond to a grievance within the time limits expressed herein, the Local Union may proceed to the next level of the grievance procedure.
3. At the request of the Executive Director, or designee, Local Union representative(s) will be excused from duty, with pay, to represent an employee during investigatory or performance interviews. After a Local Union Representative has referred a grievance to the District for adjustment, the District will not initiate discussion of the matter with the employee responsibly should have gained knowledge nor adjust the grievance pending settlement with the Local Union or Union, respectively.
3.1 When Local Union Representative requests to meet with Employees at the employee's worksite, in informal problem resolution, the Employer will not interfere with the employee or the Local Union representative in their discussions nor meet to dissuade with employees from meeting with the Local Union Representative. If possible, these meetings will occur during a time outside of its occurrenceserving and/or prep time.
4. Any adjustment reached in written reply to a grievance made at any level which is not appealed to the informal discussion succeeding level within the time limits provided shall be consistent considered closed. By mutual agreement the parties may extend time limits expressed in this Article.
5. Nothing contained herein shall be considered as limiting the right of an employee to discuss or process his grievance as an individual. In such cases the Union shall be notified in writing by the District’s Office of Labor Relations of any decision reached.
6. Any grievance initiated on behalf of the District shall be initiated by the Superintendent or his designee at Step Three.
7. When a grievance affects a group of employees, it may be submitted by the Local Union or Union at any level of the Grievance Procedure, subject to the approval of the District’s Office of Labor Relations.
8. The District agrees to make available, upon written request of the aggrieved party (ies) and/or representative, all pertinent information not privileged, in its possession and control which is relevant to the issue raised by the grievance.
9. When an employee desires to have a grievance presented for settlement by the Local Union, such grievance shall be presented as outlined and settlement effected at any one of the steps indicated.
9.1 Step One: A grievance will be first filed in writing by the employee and/or the Local Union Representative(s) with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure employee's immediate supervisor within five ten (510) working days from following the date act or discovery of the informal conference specified abovecondition which gave rise to the grievance. When requested by the employeeThen, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition receipt of the grievance or grievance, a meeting shall take place between the expiration employee's immediate supervisor, the employee, and/or the Local Union Representative(s), not to exceed two (2) Representatives to discuss the grievance. Within ten (10) working days following said meeting, the immediate supervisor shall give the employee and the Local Union Representative(s) a written response to the grievance. If in the opinion of the disposition timelines.Local Union a satisfactory settlement is not obtained, a Local Union Representative(s) may:
9.2 Step I A formal written grievance must be filed on Two: Within ten (10) working days following receipt of the specified grievance form and submitted Step One response, appeal the grievance, in writing, to the facility managerFood Services Director. In The Food Services Director shall meet with the event Local Union Representative(s) within ten (10) working days from receipt of the remedy sought appeal. Following the meeting, the Director shall answer the grievance in writing within ten (10) working days. If in the opinion of the Union a satisfactory settlement is not within the jurisdiction of the facility managerobtained, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a may:
9.3 Step I hearing within five Three: Within ten (510) work working days of the following receipt of the formal Step Two response, appeal the grievance, in writing, to the Office of Labor Relations which shall answer the grievance, in writing, within ten (10) working days following the date upon which a meeting was held to discuss the grievances. The facility manager will then have fiveIf in the opinion of the Union, a satisfactory settlement is not obtained, the Union Representative may within thirty (30) calendar days following the date of the written response proceed to Arbitration, Article 6.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A grievance is a dispute regarding the application, meaning or interpretation of a particular clause of the Agreement or an alleged violation of this Agreement. A grievant is a bargaining unit employee, a Union Xxxxxxx, or a group bargaining unit representative, who is alleging a violation of employeesthe Agreement or misapplication or misinterpretation of the Agreement and who has formally or informally notified the County as set forth in this Article. At the initial step of the procedure set forth below, the grievance shall set forth, in writing, the nature of the grievance and the circumstances out of which it arose, the date of the occurrence of the alleged violation, the section or sections of the Agreement relied upon and or claimed to have been violated and the remedy or correction sought. At each step in the grievance procedure the Union shall send document copies to the Human Resources Office. Any or all time limits specified in this grievance procedure may be waived by mutual consent of the parties. With mutual agreement, both parties can choose to bypass Steps 1 and/or 2 of the grievance procedure. A grievance shall start at Step 2 if the employee’s immediate supervisor is the Elected Official, Director or Manager. A grievance may be terminated at any time upon receipt of a signed statement from the Union that there the matter has been misinterpretation resolved. A grievance shall be considered to have been presented or misapplication forwarded within the time limits so long as the mailing of any provision such action was within the time limits specified.
Step 1: After having reviewed the matter verbally with his or her immediate supervisor, if the employee believes a formal grievance is necessary, then he or she shall file a written statement of this written agreement the grievance with his or School Board Policy that affects educational support personnel's wagesher immediate supervisor and the Human Resources Office within twenty-one (21) calendar days from the occurrence or from the date when the employee reasonably should have had knowledge thereof. The supervisor shall respond to the grievance in writing with a copy to the Human Resources Office no later than fourteen (14) calendar days after the grievance is received. For disciplinary grievances, hourswhen the supervisor’s decision is rendered, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy fourteen (14) calendar days has expired, the supervisor shall forward all documents relied on to make their decision to the Human Resources Office to be a grievance. included in the official grievance file.
Step 2: If the grievance involves any remains unresolved after the receipt of the rights granted immediate Supervisor's reply, or if fourteen (14) calendar days have passed from the date when the grievance was submitted to the Unionsupervisor, the employee shall, within fourteen (14) calendar days, submit a written notice to the Elected Official, Director or Manager. The Elected Official, Director or Manager shall have a meeting with the appropriate parties (including the Human Resources Director or designee, and Union Business Representative or designee) to discuss the dispute and, after the meeting, shall respond to the employee within fourteen (14) calendar days of receiving the Step 2 grievance.
Step 3: If the grievance may be filed remains unresolved after receipt of the response by the Union directly Elected Official, Director or Manager, or if fourteen (14) calendar days have passed from the date when the Step 2 grievance was submitted to Step IIthe Elected Official, Director, or Manager, the employee shall, within fourteen (14) calendar days, submit the grievance to the Board of County Commissioners.
4.2 The grievant(sA. Within fourteen (14) calendar days of submission to the Board of County Commissioners, the written positions of both parties shall be allowed submitted to appoint a Union representative, at no cost the Board of County Commissioners. When the written positions are submitted to the Board, each party shall send a courtesy copy to be present for all meetingsthe other.
B. Upon submission of the written positions of the parties, hearingsthe Board may affirm, appeals, modify or other proceedings relative to any reverse the action or decision which is the subject of the grievance which has been formally presented by written decision. The designated Division’s liaison Board member shall meet with a Union representative and no employee may be required Human Resources Office representative to discuss any grievance if the Union representative is not presentparties' position before rendering their decision. If an employee desires Union representation, the employee The Board shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager render its decision within fourteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1014) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working calendar days from the date of the informal conference specified above. When requested last written submission.
Step 4: Mediation: If the grievance remains unresolved after receipt of the response by the employeeBoard of County Commissioners, or if fourteen (14) calendar days have passed from the date when the last written submission was received by the Board, the Union shall, within fourteen (14) calendar days, submit the grievance to the Employment Relations Board for mediation, or to a Union representative may be presentmutually acceptable mediator. The aggrieved may withdraw a grievance at any cost of the mediator shall be shared by both parties. With mutual agreement, both parties can choose to bypass the mediation step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeIt is the intention of both parties, through this procedure, to secure mutually acceptable solutions to grievances at the lowest possible organizational level. Informal Resolution. If a dispute about the meaning or interpretation, or a group of employeesabout an alleged violation, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement arises the employee shall meet with their supervisor or School Board Policy shall be a grievanceHuman Resources to discuss the concern(s) and may have Union representation if they choose. If there is no resolution through this informal means with the grievance involves any of the rights granted to the Unionsupervisor, the a grievance may be filed by submitted in writing, in accordance with the Step One procedure described below either before or after the joint investigation process as identified. Joint Investigation. A joint investigation can be conducted upon the mutual agreement of the City and the Union directly with the concurrence of the grievant and may take place at any point in the grievance procedure prior to Step II.
4.2 Three. The grievant(sgrievant is entitled to Union representation throughout the investigative process. The joint investigation team (Team) shall be allowed comprised of two representatives from the City and two representatives from the Union. City representatives may not be from the employees direct line of supervision and Union representatives may not be directly involved in the grievance. The Team has the authority to appoint interview any witnesses and gather any information that it mutually deems necessary. The Team shall have thirty (30) calendar days from receiving the request for a joint investigation to complete a written and jointly signed report containing mutually acceptable findings of fact and recommendations concerning the merits of the grievance. City representatives and/or Union representativerepresentatives may also submit separate written reports on matters which have not been mutually agreed upon. The Team shall meet with the aggrieved employee, at no cost their supervisor and Department Director, and the employee’s Union representative to present its findings upon the completion of the report. • A detailed statement of the action (and date thereof) giving rise to the Boardgrievance and all relevant facts; • Provisions of the agreement which are in dispute or alleged to have been violated and how they are believed to have been violated; • A detailed statement of the remedy(ies) sought; and • Name, position, and department of the grievant and their Union representative if applicable. The supervisor may, if they deem necessary, call a meeting to get additional information regarding the grievance as filed. A written response including a detailed description of the supervisor’s view of the facts and rationale for their conclusions shall be present for all meetings, hearings, appeals, or other proceedings relative provided to any grievance which has been formally presented the grievant and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager within fifteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1015) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work calendar days of the receipt of the formal grievance. The facility manager will then have fivesubmitting party must provide written notice of intent to arbitrate within fifteen (15) calendar days of the Step Three City Manager’s response, and must request a list of seven
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 A. Any claim by an employeeTeacher, group of Teachers, or a group of employeesthe Association, believing that there has been misinterpretation or misapplication a violation of any provision of this written agreement Agreement, may file a Grievance. The Association may, on behalf of the bargaining unit, file classification-wide Grievances as an entity; provided, however, that at the time such Grievance is filed an actual complaint or School Board Policy that affects educational support personnel's wages, hourscontroversy exists between an employee or group of employees and the District concerning the application of this Agreement. Such Association Grievances may be initiated at the third step of the Grievance Procedure. The following matters shall not be the basis of any Grievance filed under the procedures outlined in this Article:
1. The offer or withdrawal of extra-duty assignments from year to year.
2. Discharge or demotion under the provision of the Michigan Teachers’ Tenure Act.
3. Any prohibited or illegal bargaining subject.
4. All other non-grievable items specifically referred to in this Agreement.
B. A formal Grievance shall conform to the following standard format:
1. A specific action, or terms and conditions activity, or absence of employment which is inconsistent with action or activity shall be charged by the terms grieving party(ies).
2. The Grievance shall cite the paragraph(s) or sub-paragraph(s) of this Agreement or School Board Policy alleged to have been violated.
3. A brief synopsis of background facts giving rise to the Grievance shall be provided.
4. The date(s) and place(s) of the alleged action(s) or activity(ies) shall be specified.
5. A specific relief shall be requested by the grieving party(ies).
6. The Grievance shall be signed by the aggrieved Teacher(s) and/or by the local designated Association representative in the case of an Association Grievance.
C. The Association agrees to appoint a grievanceGrievance Committee to process Grievances. GCM’s (Grievance Committee Members) shall have the prerogative of conducting Association business relative to Grievances during all time not designated as student contact time, as long as the student contact time of other Teachers is not infringed upon. The Grievance Committee Chairperson shall process each step of a Grievance as defined in paragraph F of this Article. The Grievance Committee Chairperson shall have the prerogative of using all time not designated as student contact time for the conduct of Association business relative to Grievances and contract administration. The Association shall reimburse the District on a current basis those sums paid to the Office of Retirement Service for Association release time, unless an administrator requests the involvement of the Association representative during this time.
D. The Board designates as its representatives for the purpose of contract administration and the processing of all Grievances the following:
1. The Building Principal in each building for Steps One and Two.
2. The Superintendent for Step Three.
E. All reference to days in this Article shall mean teacher work days, excluding all Saturdays, Sundays, legal holidays, and other days when school is not in session during the school year. If a grievance is in process or extends into the summer vacation period (beginning the day after the last teacher work day of the school year and ending the day before the first teacher work day of the following school year), the countable days shall be Monday through Friday.
F. A Teacher shall have thirty (30) working days after the occurrence of any action or activity, or thirty (30) working days after it was known or should have been known that an activity or action may have violated this Agreement to initiate a Grievance. Step One - Discussion - When the Teacher believes there has been a violation of this Agreement, the Teacher, Supervisor, and a GCM, if requested by the Teacher, shall discuss the problem orally. The Supervisor shall give an oral or written response to the Teacher within three (3) working days. If the grievance involves any response is unsatisfactory to the Teacher or the Supervisor fails to respond in the specified time, Step Two of the rights granted Grievance procedure may be invoked. Step Two - Presentation to Immediate Supervisor - The Grievance Committee Chairperson or designee shall reduce the Grievance to writing and present it to the UnionTeacher’s immediate Supervisor within thirty (30) working days. The Association may use an additional thirty (30) days if it deems it necessary. The Supervisor shall answer the written Grievance, in writing, within five (5) working days to the grievant, the grievance may be filed by Superintendent, and the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentGCM. If an employee desires Union representationagreement is reached in this step, the employee GCM, or designee, and Supervisor shall sign all copies of the settlement accordingly. One (1) copy of the agreement shall be responsible for requesting such representationretained by the Supervisor and the GCM, respectively, and a copy shall be filed in the Superintendent’s office. Additional representation Step Three - Presentation to Superintendent - If the response in the first two steps of this procedure is not satisfactory to the Teacher, then the Grievance Committee Chairperson, accompanied by the Building AR, if desired, may present the Grievance to the Superintendent within five (5) working days. If a Grievance concerns two (2) or more buildings, the Grievance Committee Chairperson may present the Grievance within five (5) working days to the Superintendent, who shall answer in writing within five (5) working days. If an agreement is reached in this step, the Chairman of the Grievance Committee and the Superintendent shall sign all copies of the settlement accordingly. Copies of the Grievance will be retained by mutual agreement.
4.3 In the event that an employee believes there Association and the Board. Step Four - Presentation to the Board - If the Grievance is a basis for a grievance he/she not settled in Step Three within five (5) working days, the Association may present the Grievance to the Board of Education through the Secretary of the Board. Within fifteen (15) working days from the receipt of the Grievance, the Board shall first discuss meet to consider the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presentGrievance. The Grievance shall then, within ten (10) working days days, come before the Board and the Association Grievance Committee. After discussion of the alleged violation or within Grievance in the Grievance Meeting, the Board shall present its final answer in writing to the Association no later than ten (10) working days following after the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesGrievance Meeting.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 4 contracts
Samples: Professional Agreement, Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. 4.1 1. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement.
2. A grievance is defined as a charge by either party to this Agreement that the other has violated/misapplied one or more provisions of this Agreement.
3. As used in this Article, "day" shall mean work days of the Human Resources Offices and shall not include holidays or times when the University's Human Resources Offices are closed.
4. A grievance must contain a statement of the specific step number of the grievance, the name of the employee(s), the circumstances upon which it is based, the Article violated, the date of the alleged violation, the management person alleged to have committed the violation, and the specific remedy being sought. General requests for relief such as "to be made whole" are not acceptable. The initial grievance must be signed and dated by the employee(s); subsequent grievances may be signed by the Union Representative on behalf of the employee. Grievances filed on behalf of a group of employees or a grievance regarding a violation of the Agreement as a whole may be signed by the Union Representative. Failure to submit a grievance with all of the required information contained in this subsection will cause the grievance to be returned to the employee(s) or Union representative. A grievance submitted without the proper information which is returned to the employee(s) or Union representative will not stay the running of the time line for filing a grievance, unless an extension is mutually agreed to by the parties, in writing, as provided in this Article. Grievances must be either hand-delivered, emailed, or mailed at Step One, Two, or Three. Grievances that are emailed must be sent during normal business hours of the University Human Resources Office to be properly filed. Grievances that are served by mail will be considered filed on the date of the postmark.
5. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances:
5.1 in matters where a method or review is mandated by law, or
5.2 in matters where the University is without authority to act.
6. Grievances submitted on behalf of the University shall be initiated by the V.P. of Human Resources at Step Three of the Grievance Procedure. Non-disciplinary grievances submitted by the Union Representative on behalf of the bargaining unit which affect the entire bargaining unit may be submitted at Step Three of the Grievance Procedure.
7. Failure to submit a grievance, in writing, at Step One within fifteen (15) working days following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed to, in writing, by the parties, the time limits expressed herein may be extended. Either the Union, the Local Union, or employee(s) who have entered grievances on their own behalf, may withdraw the grievance at any Step.
8. The parties agree to make available upon the written request of the party seeking the information all pertinent information, not privileged, in their possession and control which is relevant to the issue raised by the grievance, three (3) working days prior to the grievance meeting at Step One of the procedure provided that the written request is delivered at the same time as the grievance and that the date the parties agree to meet at Step One provides for at least six (6) working days’ notice. This section does not limit either party’s right to utilize further information in subsequent steps of the grievance procedure or in the arbitration process.
9. Employees required as witnesses to give testimony in a grievance meeting conducted during working hours of such employee, shall be granted time off with pay for that purpose provided that prior arrangements have been made through the University's Employee Relations Office, so that the time off can be scheduled without adversely affecting the operations of the department involved.
10. Should the University fail to respond to a grievance within the time limits expressed herein, the Local Union or the Union may appeal to the next level of the grievance procedure within the time limits established. Responses will be considered timely if hand delivered, postmarked, or emailed on or before the date the response is due.
11. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. In such cases, the Employee Relations Representative shall be notified of any settlements reached. In addition, the Employee Relations Representative will notify the Union of any settlement reached. An employee may not retain outside legal representation under this grievance procedure without the advance approval of the Union.
12. Once a grievance has been referred to the University by a Local Union Representative, the University shall not discuss the grievance with any employee on whose behalf the grievance was presented without first notifying the Local Union and allowing the Local Union Representative to be present at any discussion or contacts made by the University regarding the grievance and the involved employee.
13. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and subsequent steps of the grievance procedure. The Employee Relations Representative or designee may be called by either party at any step of the Grievance Procedure to provide advice and support to the parties. The role of the Employee Relations Representative or designee is not a decision maker for any party to the grievance at any step of the procedure.
14. Except in cases where immediate disciplinary action is deemed appropriate by the University, the involved employee shall, upon request, have the right to have a Spanish speaking Representative designated by the Union present when such disciplinary actions are to be announced or during investigatory interviews which the employee reasonably believes may result in disciplinary action against him/her. Notices of contemplated or imposed disciplinary action shall be in writing, in plain language, and shall contain the basis for the Employer’s actions, including the policies, rules, or regulations alleged to have been violated, as applicable. If a Spanish speaking employee cannot converse in English, the employee will be advised by the supervisor that he/she may request the meeting be stopped in order to obtain a Representative who speaks in Spanish. In this case a meeting shall not be delayed more than 4 working days. Every effort will be made to have a supervisor or manager level above who speaks Spanish present in the meeting.
15. The management representative will provide a summary of the evidence in order to allow the employee an opportunity to respond to each of the allegations listed in the disciplinary action. The employee’s response in cases of suspension and discharge will be taken into account before making a final determination. In cases of written warning, the employee may submit a letter of response which will be attached to the letter of discipline for inclusion in the Personnel file.
16. In addition, management will provide names of witnesses. Neither party is limited by initial disclosures at subsequent steps of the grievance arbitration procedure when that information becomes newly known by the initiating party.
17. Grievances shall be presented as outlined below: Informal Step Any claim employee who believes that he/she may have a grievance, (if acting on their own behalf), or the Local Union representative, (acting on behalf of an employee) may inform the employee's immediate supervisor that a potential grievance exists. The employee or the Local Union Representative (if acting on behalf of the employee) may, within eight (8) working days of the occurrence or when the individual knew or should have known there was an issue, request that an informal meeting be held. The meeting shall be held within eight (8) working days of notice of the potential grievance. During the meeting, the parties will attempt to resolve the grievance. Step One A formal grievance will first be filed in writing by the Local Union Representative or the individual employee, if filing on his/her own behalf. The grievance will be filed with the employee's manager (or next higher level supervisor, below the Xxxx or Director level, if one exists) within fifteen (15) working days following the discovery or when the employee knew or should have known of the act or condition which gave rise to the grievance. A copy will be sent to the Employee Relations Representative. At the time of service, the employee or local union representative shall provide the manager or next higher level supervisor identified above with at least three (3) possible times when the meeting could be held with the manager, or next higher level supervisor, as identified above. The supervisor or manager must acknowledge and select a date with the Union Representative within two (2) working days or provide the Union with alternative dates. The Union must copy the Labor/Employee Relations Office. This meeting must be held within eight (8) working days following receipt of the grievance, and the manager, or next higher level supervisor shall meet with the Local Union Representative acting on behalf of an employee, or the employee if acting on his/her own behalf, to discuss the grievance, and attempt to reach a group of employeesresolution. Within eight (8) working days following the meeting, that there has been misinterpretation the manager or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hoursnext higher level supervisor shall give the Local Union Representative, or terms and conditions the employee if acting on his/her own behalf, a written response to the grievance. If, in the opinion of employment which the Local Union or employee acting on his/her own behalf, a satisfactory settlement is inconsistent not obtained, the Local Union Representative or the employee may proceed to Step Two. Step Two Within eight (8) working days following receipt of Step One Response, the Local Union Representative or employee, filing on his/her behalf may appeal the grievance, in writing with the terms of this Agreement Xxxx or School Board Policy shall be Director, with a grievance. If the grievance involves any of the rights granted copy to the Union, Employee Relations Representative. At the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationtime of service, the employee or Local Union Representative shall provide the Xxxx or Director with at least three (3) possible dates and times when the meeting could be responsible for requesting such representationheld. Additional representation will be by mutual agreement.
4.3 In The Xxxx or Director must acknowledge and select a date with the event that an Union Representative within two (2) working days or provide the Union with alternative dates. The Union must copy the Labor/Employee Relations Office. Within eight (8) working days following receipt of the grievance, the Xxxx or Director shall meet with the Local Union Representative or the employee, if acting on his/her own behalf, and attempt to resolve the grievance. Within eight (8) working days following the meeting, the Xxxx or Director shall give the Local Union Representative, or the employee believes there if acting on their own behalf, a written response to the grievance. If, in the opinion of the Local Union Representative or employee, a satisfactory settlement is not obtained, the Union Representative or employee may proceed to Step Three. Step Three Within eight (8) working days following receipt of the Step Two response, the Union Representative or employee may appeal the grievance, in writing, to the V.P. of Human Resources with a basis for copy to the Employee Relations Representative. Once a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complexis appealed to Step Three, a department constitutes a facility.), at which a representative may be present, meeting would take place within ten (10) working days of the alleged violation appeal, between the V.P. or designee and the Union Representative to review and discuss the grievance in an attempt at resolution. The Employer would submit its disposition within ten eight (108) working days of the meeting between the parties. If, in the opinion of the Union Representative, a satisfactory settlement is not obtained, the Union representative may, within twenty (20) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employeeresponse, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of appeal the grievance or the expiration of the disposition timelinesfor binding arbitration in accordance with Article 22.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, Section A. It is mutually agreed that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms all grievances arising under and conditions of employment which is inconsistent with during the terms of this Agreement or School Board Policy shall be settled in accordance with the procedures herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the employer and the Association.
Section B. For the purposes of this Agreement, a "grievance" is defined as an alleged violation of a specific Article and Section of this Agreement. If Written grievances shall be on the form provided by the District and shall name the employee involved, shall state the facts giving rise to the grievance, shall identify all of the provisions of the Agreement alleged to be violated by appropriate reference, shall state the contention of the employee with respect to these provisions, shall indicate the relief requested and shall be signed by the employee involved. When a grievance involves any more than one employee or group of the rights granted to the Union, employees the grievance may be signed by only one of the aggrieved employees or by an officer of the union. In order to inform the District of the extent of liability involved in a grievance, reference to other individuals or groups of individuals involved in the grievance will be included in the statement of the grievance. All grievances must be filed with the immediate supervisor within thirty (30) days of the occurrence. Grievances that do not involve the actions of the immediate supervisor will be filed at Step Three (3) within thirty (30) days after the employee knows of the occurrence of an alleged violation. Step One (Oral) Step Two (Written) Step Three
Section C. Any grievance not appealed in the aforementioned time stipulations shall be deemed settled on the basis of the last response. This and all other time limits at any step of the grievance process may be extended by mutual consent of the Union directly parties. The word "days" in this Article will refer to Step IIwork- days.
4.2 The grievant(s) Section D. No back payments or wages shall be allowed awarded for any period prior to appoint a Union representative, at no cost thirty (30) days prior to the Board, date of filing of a written grievance. All claims for back wages shall be limited to be present for all meetings, hearings, appeals, the amount of wages that the employee would otherwise have earned less any unemployment or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event compensation that an employee believes there is a basis for a grievance he/she shall first discuss may have received from any source during the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days peri- od of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesback wages.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, A. A grievance shall be defined as a dispute between the County and The Association arising over the interpretation or application of a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms specific aspect of this Agreement or School Board Policy which is not a Management Right. 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 employees. Such committee shall be selected in a manner to be determined by the Association membership. The purpose of the Association grievance committee is 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. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss take up the alleged matter with the appointing District Attorney or Public Defender within 10 (ten) days after the employee becomes aware of the event giving rise to the grievance.
D. The District Attorney or Public Defender shall make every attempt to reach an acceptable solution to the problem within five (5) days after it has been submitted to him. Any grievance settlement shall be approved in writing by the appointing District Attorney or Public Defender and the County Manager.
E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within fifteen (15) days after the event giving rise to the grievance, the Association shall submit the grievance in writing to the appointing District Attorney or Public Defender, and provide the following information:
1. The employee’s name;
2. The employee’s position classification;
3. The employee’s department;
4. A complete statement of the nature of the grievance 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 appointing District Attorney or Public Defender shall again attempt to resolve the matter. Any grievance settlement shall be approved in writing by the appointing District Attorney or Public Defender and the County Manager.
G. If the grievance is not settled within five (5) days after receipt of the written grievance by the District Attorney or Public Defender, the Association may submit the written grievance with the facility manager 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 ten (Within 10) days from the Superintendent's Complexdate he received said grievance.
H. If the matter is not settled in the previous step within three (3) days after receipt of the written response from the County Manager, a department constitutes a facility.), at which a representative may be presentthe Association may, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievanceCounty Manager’s decision notify the County Manager in writing of its desire to submit the matter to the County Commissioners. Subject to judicial review as allowed by law, the decision of the County Commissioners shall be final and binding.
I. The facility manager will then County Commissioners shall have fiveno power to amend, modify, add or delete provisions of this Agreement without written consent of the Association.
J. The time limits specified in the preceding sections may be extended by the mutual agreement of the parties.
K. The Association shall furnish the County with the names of the employees of the Association grievance committee.
L. 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.
M. For purposes of this Article, the term “day” means any day Monday through Friday, excluding holidays.
N. The time limits set forth in this Article shall be strictly construed. If the Association fails to file and/or process the grievance in a timely manner, it shall be conclusively presumed that the grievance is withdrawn with prejudice or satisfied.
O. If the County fails to respond to the grievance in the time limits established in the preceding sections the matter automatically moves to the next step.
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or A. A grievance is defined as a group of employees, written complaint alleging that there has been a violation, misinterpretation or misapplication of any provision condition of employment contained in this written agreement or School Board Policy that affects educational support personnel's wages, hoursAgreement, or terms and conditions of employment which is inconsistent with any rule, policy or regulation of the terms Employer, deemed to be a violation of this Agreement or School Board Policy a claim of discipline without just cause. Nothing shall be prohibit the grievant from contending that the alleged violation arises out of an existing mutually accepted past practice. The concept of past practice shall not apply to matters which are solely operational in nature.
B. Employees shall have the right to present grievances in person or through a grievance. If designated Union Representative at the appropriate step of the grievance involves any of the rights granted to the Union, procedure. No discussion shall occur on the grievance may be filed by until the designated Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint Representative has been afforded a Union representative, at no cost to the Board, reasonable opportunity to be present for all meetingsat any grievance meetings with the employee(s). Upon request, hearings, appealsa supervisor will assist a grievant in contacting the designated Xxxxxxx or Representative. Any settlement reached with a grievant without the accompaniment of a Union Representative shall be communicated to the Union and shall only be implemented following the approval of the settlement by the Union.
C. The Union shall determine the representative(s) at step one, or other proceedings relative step two of the grievance procedure not to exceed two representatives in attendance at any grievance which has been formally conference.
D. Only related subject matters shall be covered in any one grievance. A grievance shall contain the clearest possible statement of the grievance by indicating the issue involved, the relief sought, the date the incident or alleged violation took place, and the specific section or sections of this Agreement involved if any. The grievance shall be presented to the immediate supervisor on a mutually agreed upon form, signed and dated by the grievant(s).
E. All grievances shall be presented promptly and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager later than fifteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1015) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working week days from the date the grievant knew or could reasonably have known of the informal conference specified abovefacts or the occurrence of the event giving rise to the alleged grievance. When requested by Week days, for the employeepurpose of the Article, a Union representative are defined as Monday through Friday inclusive, excluding holidays.
F. The Union, through an authorized Officer or Staff Representative, may be presentgrieve an alleged violation concerning the application or interpretation of this Agreement in the manner provided herein. Such grievance shall identify, to the extent possible, employees affected. The aggrieved Union may withdraw a grievance itself grieve alleged violations of Articles conferring rights solely upon the Union.
G. Grievances which by nature cannot be settled at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition One of the grievance or procedure may, upon mutual agreement, be filed at Step Two.
H. Group grievances are defined as, and limited to, those grievances which cover more than one employee and which pertain to like circumstances for the expiration grievants involved. Group grievances shall name all employees and/or classifications and all work locations covered and may, at the option of the disposition timelinesUnion, be submitted directly to Step Two. Group grievances shall be so designated at Step One of the grievance procedure, although names may be added or deleted prior to the conclusion of the Step Two hearing. The Union shall, at the time of filing such a grievance, also provide a copy to the Office of the State Employer.
I. It is expressly understood and agreed that the specific provisions of this Agreement take precedence over policy, rules, regulations, conditions and practices contrary thereto, except as otherwise provided in the Civil Service Rules and Regulations.
J. There shall be no appeal beyond Step I A formal Two on initial probationary service ratings or involuntary separation of initial probationary employees which occur during or upon completion of the probationary period, except that grievances alleging unlawful discrimination against a probationary employee may be appealed by the Union to arbitration.
K. Counseling memoranda, annual ratings, and reprimands are not appealable beyond Step Two of the grievance procedure, but less than satisfactory interim rating, follow up rating, or probationary rating grievances of employees with civil service status, are appealable to arbitration.
L. The parties agree that as a principle of contract interpretation employees shall give full performance of duty while a non-dismissal and non-suspension grievance is being processed.
M. Grievances filed before the effective date of the Agreement shall be concluded only under the provisions of the previous agreement as though that agreement were still in effect.
N. All written grievance must settlements that do not address an implementation date shall be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveimplemented as soon as administratively feasible.
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. 4.1 A. A grievance is defined as an alleged dispute or violation of a special article or section of this Agreement. There shall be an xxxxxxx effort on the part of the grievant, the Association, and the Board/Employer to settle the grievance through the following steps. Any claim employee(s) who believes he/she has been unjustly dealt with may grieve up to and including Step 4 of the grievance procedure.
B. The time limits specified herein for movement of grievances through the process shall be strictly adhered to and may be relaxed or extended only by an mutual consent of the parties in writing. In the event that the seniority employee or the Association, on behalf of the seniority employee, fails to appeal a grievance or a group of employeesgrievance answer within the stated time limits, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy involved grievance shall be a grievance. If deemed abandoned and settled on the grievance involves any basis of the rights granted to Board/Employer's last answer. In the Unionevent the Board of Education representative does not reply within the time limit specified, the grievance may be filed by proceed to the Union directly to Step IInext step unless the grievant or the Association, on behalf of the seniority employee, indicates otherwise.
4.2 The grievant(s) shall C. Each grievance must be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, initiated within ten (10) working days of the alleged violation or occurrence of the grievance or, if the seniority employee did not have knowledge of the grievance at the time of its happening, then within ten (10) working days following after the time when aggrieved becomes aware of the employee responsibly should have gained knowledge cause of its occurrencethe grievance.
D. Any written agreement reached between the Employer and the Association is binding on all employees affected and cannot be changed by an individual.
E. Where more than one (1) written grievance involving the same issue has been filed and processed through the grievance procedure to STEP THREE, the parties may, by mutual, written agreement at STEP THREE, select one of the grievances as representative of the group. Any adjustment reached The remaining grievances shall then be held in abeyance at STEP THREE while the selected representative grievance is processed further in the informal discussion grievance procedure. The ultimate disposition of the selected grievance shall then be consistent applicable to the remaining grievance(s) held at STEP THREE.
F. In the event it becomes necessary for the Association President to be involved in handling a grievance, the Association President will be allowed reasonable time during working hours, without loss of pay, for the proper handling of grievances. The appropriate supervisor or principal may grant permission to the Association President to leave their work for a reasonable period of time and no Association President shall leave his/her work without first obtaining permission. The Association President shall perform their regularly assigned work at all times and must not leave their building unattended, except when granted permission to leave their work as provided herein, and the privilege granted to the Association President to leave their work is subject to the understanding that they will expeditiously devote such time to the proper handling of grievances and must report back promptly when their part in the grievance adjustment has been completed and they will not abuse such privilege.
X. If the Association President is required to go into another building other than his/her own in the handling of a grievance, the principal at both buildings (or all buildings involved) must be notified; permission will be granted provided that it does not unduly interfere with or interrupt or affect work or school operations or assigned duties. It is the terms responsibility of this Agreementthe above mentioned Association President to report to the building principal before their conference with any employee. If, after informal discussion with in the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date opinion of the informal conference specified principal or the immediate supervisor of the Association member, such Association activity is interfering with classroom activity or assigned duties, such Association activity will be postponed.
H. Except as set forth above. When requested , no Association President or Building Representative or any other employee shall be granted time off for the purpose of handling matters, affairs, or grievances unless specific permission has been granted by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance supervisor or the expiration of the disposition timelinesprincipal.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Step 1: Within ten (10) workdays after the grievant has become aware or should have become aware, through the use of reasonable diligence, of the occurrence of the event giving rise to the alleged grievance, the grievant shall initially meet with his or her immediate supervisor in an attempt to resolve the grievance informally. The supervisor shall give a written answer within ten (10) workdays after such meeting.
Step 2: If the Step 1 discussion fails to resolve the grievance, then a formal grievance may be initiated as set forth in Step 2. Any claim employee covered by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement who has a grievance shall submit it to his or School Board Policy her immediate supervisor provided that said grievance shall be in writing and signed by the aggrieved employee. The supervisor shall give a grievance. written answer within ten (10) workdays after such presentation.
Step 3: If the grievance involves any is not settled in Step 2 and the Union wishes to appeal the grievance to Step 3 of the rights granted Grievance Procedure, it shall be referred in writing to the Unionnext level administrator within ten (10) workdays after the supervisor’s answer in Step 2. The next level administrator, or his or her designee, shall discuss the grievance within ten (10) workdays with the Union at a time mutually agreeable to the parties. If not settlement is reached, the next level administrator, or his or her designee, shall give a written answer to the Union within ten (10) workdays following their meeting.
Step 4: If the grievance may is not settled in Step 3 and the Union desires to appeal, it shall be filed referred by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost in writing to the Board, to be present Associate Superintendent for all meetings, hearings, appealsHuman Resources, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance hehis/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presenther designated representative, within ten (10) working days of workdays after the alleged violation next level administrator’s answer in Step 3. A meeting between the Associate Superintendent or his/her representative, and the Union shall be held at a time mutually agreeable to the parties, within ten (10) working days following the time when the employee responsibly should have gained knowledge workdays of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievanceUnion’s appeal. The facility manager will then have fiveIf the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Associate Superintendent, or his/her representative, and the Union. If no settlement is reached, the Associate Superintendent or his/her representative, shall give the District’s written answer to the Union within ten (10) workdays following the meeting.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee(a) Should a dispute arise between the Employer and any employee or the Union regarding the interpretation, meaning, operation or application of this Agreement, including any question as to whether a matter is arbitrable, or a group of employees, where an allegation is made that there this Agreement has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wagesviolated, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy such dispute shall be settled without interruption of the Employer’s business in the following manner: Step One: An employee shall within ten (10) working days of becoming aware of an occurrence that could become the matter of a grievance, bring the incident to the attention of his immediate supervisor verbally. The immediate supervisor shall respond verbally within five (5) working days of the meeting. Step Two: If the grievance involves any is not resolved at Step One of the rights granted to the Uniongrievance procedure, the grievance may shall be filed by put in writing and presented to the immediate supervisor. The Operations Manager shall arrange a meeting of both parties to discuss the grievance within ten (10) working days of receiving the grievance and respond to the grievance in writing within five (5) working days of the meeting.
(b) Failing satisfactory settlement being reached in Step Two, the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presentshall, within ten (10) working days of from the alleged violation or within ten day the General Manager rendered his decision, give fifteen (1015) working days following notice in writing to the time when the employee responsibly should have gained knowledge General Manager of its occurrence. Any adjustment reached in intention to refer the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(sdispute to arbitration.
(c) must initiate the following formal grievance procedure within five Within fifteen (515) working days from of a grievance being referred to arbitration the date Employer and the Union will agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the informal conference specified above. When requested arbitrator shall be borne in equal amounts by the employeeUnion and the Employer. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement.
(d) In the case of a Union representative suspension or discharge, the grievance may be present. The aggrieved may withdraw submitted at Step 2 of the grievance process.
(e) For any matter where the employee has a grievance meeting with the Employer at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance procedure concerning a grievance or potential grievance, the expiration employee may be accompanied by representatives of the disposition timelinesUnion.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeSection 1. For the purpose of this Agreement, the term "grievance" is defined as a dispute between the Center and ONA, or between the Center and a group of employeesnurse concerning the interpretation and/or application of, that there has been misinterpretation or misapplication of compliance with, any provision of this written agreement Agreement. Any grievance must allege a violation of a specific provision of this Agreement. When any such grievance arises, the following procedure shall be observed. If the nurse(s) or School Board Policy that affects educational support personnelONA wish to carry the grievance higher, the nurse(s) or ONA must initiate each step within fourteen (14) calendar days of the decision being appealed. Grievances not answered within the time limits prescribed in Steps 1, 2, and 3 shall automatically advance to the next step unless such time limit is extended by mutual agreement.
Step 1. Any nurse having a grievance will reduce the grievance to writing and must present it to the Division Director or designee, within fourteen (14) calendar days of the alleged grievance. A meeting will be held to discuss the grievance within fourteen (14) calendar days from the date the grievance is presented. An ONA representative will be present at this Step 1 meeting. Any grievance pertaining specifically to improper payment or calculation of a nurse's wages, hoursrate of pay, or terms other economic benefits, or tenure (for purposes of seniority rights) must be filed within fourteen (14) calendar days after the nurse has knowledge or should have knowledge of the event upon which the grievance is based. The Division Director or designee shall render a grievance decision within fourteen (14) calendar days of the Step 1 meeting.
Step 2. If the grievance is not settled at Step 1 then it may be presented to the Director of Labor Relations or his/her designated representative within fourteen (14) calendar days from the date of receipt of the Step 1 decision. A meeting will be held with ONA representatives, including ONA’s staff representative, to discuss the grievance in an effort to resolve it and conditions a written answer given to ONA.
Step 3. Either party may request mediation within fourteen (14) days after the date of employment which the Step 2 meeting.
Step 4. If the grievance is inconsistent with not resolved as provided in Step 3, it may be submitted to arbitration upon request of either party. The party requesting arbitration must notify the other party in writing within fifteen (15) calendar days after the mediation or the rejection of Step 3. In the event the matter is submitted to arbitration, the arbitrator shall be appointed by mutual consent of the parties hereto, within seven (7) days after arbitration is invoked. If the parties cannot agree, they shall solicit a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Should one party determine a subsequent panel is necessary, that party shall bear sole responsibility for obtaining the subsequent panel. Following receipt of the panel of arbitrators, the parties shall alternately strike a name from the panel until only one (1) name remains, and that person shall serve as Arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue a decision within thirty (30) days after the conclusion of testimony and arguments. Expenses for arbitration service and proceedings shall be borne equally by the Center and ONA, except in the case of a party requiring more than one panel of arbitrators as outlined above. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or School Board Policy any Agreement made supplementary hereto. Any difference arising incidental to negotiations of terms of a new Agreement or modification or amendment to this Agreement shall not be subject to arbitration. Either party may have a verbatim record made of the proceedings at its expense provided it makes a copy available without charge to the arbitrator, and provided that it makes a copy available to the other party upon that party's request and payment of one- half (1/2) of the total expenses of the record and all copies.
Section 2. Grievances may be processed by the nurse filing the grievance during working hours. Grievance meetings with the Division Director or designee, the Director of Labor Relations or his/her designated representative shall be held during the normal working hours of such administrative personnel.
Section 3. A grievance which affects a grievance. If the grievance involves any substantial number of the rights granted to the Unionidentified nurses may initially be presented at Step 2 of Section 1, the grievance and may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentONA. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation These grievances will be by mutual agreementreduced to writing with available substantiating facts.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 8.01 There shall be an xxxxxxx effort on the part of both parties to this agreement to settle promptly, through the procedure set out herein, any grievances. A grievance shall consist of a dispute concerning the interpretation and application of this Agreement.
8.02 It is understood and agreed that an employee does not have a grievance until he has discussed the matter with an official of the Company and given him an opportunity of dealing with the complaint. His decision shall be made known to said employee within forty-eight (48) hours. Grievances properly arising under this agreement shall be adjusted and settled as follows;
Step 1: Within five working (5) days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee, with or without the assistance of the Union Committeeperson or Chairperson shall present his grievance in writing to his supervisor. If a settlement satisfactory to the employee concerned is not reached within five working (5) days, a grievance may be presented as indicated in Step 2 below, at any time within five working (5) days thereafter.
Step 2: At this step, the grievance will be presented in writing to the operations manager by an employeeauthorized Union representative. The operations manager will make the Company's decision known, in writing within five working (5) days. A written grievance, in Step 1 and Step 2, shall bear the name of the grievor, the nature of the grievance, when it occurred, the specific article(s) alleged to have been violated, the corrective measures suggested as a remedy.
(a) Policy or a group grievances initiated by the Company or by the Union will begin at the second step of employeesthe grievance procedure, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with strict adherence to the terms of this Agreement or School Board Policy shall be a grievance. If the second step of the grievance involves procedure. The regular grievance procedure shall not hereby be by-passed.
(b) A group grievance is a grievance which affects more than one (1) employee and relies upon the same set of facts. Employees affected by a group grievance may be represented by one affected employee in addition to the Committee and National Representative and by mutual agreement he President of Local 4268 at any meetings with management held to discuss the group grievance.
8.04 Grievances dealing with suspension or discharge shall commence with the second step of the rights granted grievance procedure within 5 working days of the suspension or discharge.
8.05 No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Uniongrievance procedure.
8.06 Failing a satisfactory settlement as in the second step, the grievance may be filed by the Union directly submitted to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached arbitration as outlined in the informal discussion shall be consistent with the terms Article 9 of this Agreement. If, after informal discussion .
8.07 Where a driver on highway operations is away from his home terminal and thus unavailable to proceed with the facility managerSteps of Grievance Procedure within the time limits prescribed, a such time limits shall be extended so as to permit his processing the grievance exists, in accordance with the grievant(s) must initiate the following formal grievance procedure within five (5) working days above Steps upon his return to his home terminal. The alternate time frames for resolution will be determined from the date of time the informal conference specified above. When requested by employee returns to his home terminal.
8.08 The time limits foreseen at the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition various steps of the grievance or the expiration of the disposition timelinesarbitration procedures may be extended by mutual consent, in writing, by both parties.
Step I A formal written grievance must be filed on the specified grievance form 8.09 Working days" in Articles 8 and submitted 9 shall mean Monday to the facility manager. In the event the remedy sought is Friday inclusive, but shall not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveinclude Statutory Holidays.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A grievance is a dispute regarding the application, meaning or interpretation of a particular clause of the Agreement or an alleged violation of this Agreement. A grievant is a bargaining unit employee, a Union Xxxxxxx, or a group bargaining unit representative, who is alleging a violation of employeesthe Agreement or misapplication or misinterpretation of the Agreement and who has formally or informally notified the County as set forth in this Article. At the initial step of the procedure set forth below, the grievance shall set forth, in writing, the nature of the grievance and the circumstances out of which it arose, the date of the occurrence of the alleged violation, the section or sections of the Agreement relied upon and or claimed to have been violated and the remedy or correction sought. At each step in the grievance procedure the Union shall send document copies to the Human Resources Office. Any or all time limits specified in this grievance procedure may be waived by mutual consent of the parties. With mutual agreement, both parties can choose to bypass Steps 1 and/or 2 of the grievance procedure. A grievance shall start at Step 2 if the employee’s immediate supervisor is the Elected Official, Director or Manager. A grievance may be terminated at any time upon receipt of a signed statement from the Union that there the matter has been misinterpretation resolved. A grievance shall be considered to have been presented or misapplication forwarded within the time limits so long as the mailing of any provision such action was within the time limits specified.
Step 1: After having reviewed the matter verbally with his or her immediate supervisor, if the employee believes a formal grievance is necessary, then he or she shall file a written statement of this written agreement the grievance with his or School Board Policy that affects educational support personnel's wagesher immediate supervisor and the Human Resources Office within twenty-one (21) calendar days from the occurrence or from the date when the employee reasonably should have had knowledge thereof. The supervisor shall respond to the grievance in writing with a copy to the Human Resources Office no later than fourteen (14) calendar days after the grievance is received. For disciplinary grievances, hourswhen the supervisor’s decision is rendered, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy fourteen (14) calendar days has expired, the supervisor shall forward all documents relied on to make their decision to the Human Resources Office to be a grievance. included in the official grievance file.
Step 2: If the grievance involves any remains unresolved after the receipt of the rights granted immediate Supervisor's reply, or if fourteen (14) calendar days have passed from the date when the grievance was submitted to the Unionsupervisor, the employee shall, within fourteen (14) calendar days, submit a written notice to the Elected Official, Director or Manager. The Elected Official, Director or Manager shall have a meeting with the appropriate parties (including the Human Resources Director or designee, and Union Business Representative or designee) to discuss the dispute and, after the meeting, shall respond to the employee within fourteen (14) calendar days of receiving the Step 2 grievance.
Step 3: If the grievance may be filed remains unresolved after receipt of the response by the Union directly Elected Official, Director or Manager, or if fourteen (14) calendar days have passed from the date when the Step 2 grievance was submitted to Step IIthe Elected Official, Director, or Manager, the employee shall, within fourteen (14) calendar days, submit the grievance to the Board of County Commissioners.
4.2 The grievant(sA. Within fourteen (14) calendar days of submission to the Board of County Commissioners, the written positions of both parties shall be allowed submitted to appoint a Union representative, at no cost the Board of County Commissioners. When the written positions are submitted to the Board, each party shall send a courtesy copy to be present for all meetingsthe other.
B. Upon submission of the written positions of the parties, hearingsthe Board may affirm, appeals, modify or other proceedings relative to any reverse the action or decision which is the subject of the grievance which has been formally presented by written decision. The designated Division’s liaison Board member shall meet with a Union representative and no employee may be required Human Resources Office representative to discuss any grievance if the Union representative is not presentparties' position before rendering their decision. If an employee desires Union representation, the employee The Board shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager render its decision within fourteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1014) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working calendar days from the date of the informal conference specified above. When requested last written submission.
Step 4: Mediation: If the grievance remains unresolved after receipt of the response by the employeeBoard of County Commissioners, or if fourteen (14) calendar days have passed from the date when the last written submission was received by the Board, the Union shall, within fourteen (14) calendar days, submit the grievance to the Employment Relations Board for mediation, or to a Union representative may be presentmutually acceptable mediator. The aggrieved may withdraw a grievance at any cost of the mediator shall be shared by both parties. With mutual agreement, both parties can choose to bypass the mediation step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A "grievance" is defined as any dispute between the Employer and an employee, employee or a group of employees, that there has been misinterpretation the Association regarding the interpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms violation of this Agreement which has not been resolved by prior submission of the problem through the chain of command, and which has been accepted as a grievance by the Executive Board of the Association. A “grievance” shall not include challenges based upon the Municipal Personnel Rules promotional process or School Board Policy promotional decisions.
B. An employee who believes he or she may have a grievance is encouraged to attempt to informally resolve the matter through the chain of command.
C. The grievant shall report to the Shop Xxxxxxx or such other Association representative as may be a grievancedesignated by the Association, any grievance that may arise between the employee and the Employer. The designated Association representative will attempt to resolve the matter by consulting with the employee's shift supervisor.
Step 1. If the grievance involves any cannot be resolved, the designated Association representative shall report the matter to the Association, and the Association representative shall present the matter in writing to the Chief of Police, or his/her designee. The grievance filing must specify the Article or Articles allegedly in dispute, date of the rights granted violation (if known), nature of the violation and remedy. All grievances shall be presented to the UnionChief of Police, or designee, with a copy to the Human Resources Department as soon as practicable after the occurrence upon which the grievance may be filed by is based, but in no event later than thirty (30) calendar days for a termination grievance, or sixty (60) calendar days for all other grievances from the Union directly to Step II.
4.2 The grievant(s) date on which the grievance arose or the date on which the grievant should reasonably have learned of the grievance. A grievance involving a change or alleged change in current policy or procedure shall be allowed dealt with solely under the terms of paragraph N of this section. The parties may mutually agree to appoint meet regarding the grievance. The Chief of Police, or designee, must give a Union representative, at no cost written response to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working business days of the alleged violation or within ten a termination grievance and twenty (1020) working business days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days for all other grievances from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1 - Definition: A grievance is an alleged violation or claimed misrepresenting of a specific section of this contract.
Section 2 - Purpose: The purpose of this grievance procedure is to secure, at the lowest possible administrative level an equitable solution to the grievance.
Section 3 - Procedure:
A. The grievant will detail in writing the nature of the alleged grievance. Grievances shall be processed within the time limits outlined in this contract. Every effort shall be made to expedite the process. The time limits may be extended by the mutual consent of both parties.
B. A grievance may be withdrawn at any time by a written statement by the grievant to the building principal and/or superintendent.
C. If there is a failure to communicate the decision on a grievance within the specified time limit, excluding vacation days, at any level, the grievant shall then be awarded the remedy claimed.
D. The grievant, the Association president, the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level.
E. Form(s) to be used in the grievance procedure will be agreed to under this contract and is set out in Appendix C. Such form(s) will be available in each building, to be obtained from the building principal.
F. Level One:
1. The grievant with an employeealleged grievance shall file the alleged grievance in writing with the building principal, except in matters of salary or a group salary related fringe benefits, which must be filed at Level Three. The written grievance shall name the school employee involved, shall state the facts giving rise to the grievance, shall identify by specific reference all sections of employeesthis agreement alleged to be violated, that there has been misinterpretation or misapplication shall state the contention of any the grievant with respect to the provision of this written agreement or School Board Policy that affects educational support personnel's wagessaid section, hoursand shall indicate the specific relief requested.
2. If the grievant does not file a grievance in writing within forty-five (45) calendar days after the occurrence of the alleged grievance, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy alleged grievance shall be waived.
3. The principal shall have seven (7) calendar days to reach a decision on the alleged grievance. Said decision is to be sent to the grievant.
G. Level Two:
1. If the grievance involves any of the rights granted is not settled at Level One, it may be appealed to the Unionsuperintendent, stating the grievance may be filed by grounds for appeal. A meeting with the Union directly to Step II.
4.2 The grievant(s) superintendent shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, held within ten (10) working days of the alleged violation or within ten (10) working calendar days following the time when receipt of such notice and the employee responsibly should have gained knowledge superintendent shall promptly notify the grievant of its occurrence. Any adjustment reached in the informal discussion date, time, and place where such appeal shall be consistent with heard. The superintendent's written decision shall be transmitted to the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure grievant within five (5) working calendar days after the hearing.
H. Level Three:
1. If the grievance is not settled at Level Two, it may be appealed to the Board by submitting the written grievance to the secretary of the Board. At the next regularly scheduled meeting, the Board shall designate a committee to meet with the grievant for the purpose of hearing the grievance. Said meeting shall take place within thirty (30) days from the date Board's appointment of the informal conference specified abovecommittee to hear the grievance. When requested by Written notice of meeting time, date, and place shall be sent to the employeegrievant. Within fifteen (15) days after such meeting, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following Board shall rule on the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivefindings and action of the Board are final.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. All grievances shall be presented and disposed of in accordance with the following procedure:
Step 1. The first step of the Grievance Procedure is an informal conference with the Director of Physical Plant. All formal grievances shall be presented and handled in accordance with the following procedure after compliance with the first step as set forth in Step 1 above.
Step 2. Each grievance shall be filed in writing and submitted to the Vice President of Human Resources. Written grievances shall contain the following:
1. It shall be signed by the grievant(s)and Xxxxxxx;
2. It shall be specific: who, what, when, where;
3. It shall contain an employeeexplanation of the facts giving rise to the alleged contract violation;
4. It shall contain the date of the alleged violation;
5. It shall state the remedy requested.
Step 3. In the event, the grievance is not satisfactorily settled at Step 2, the Union shall have ten (10) days in which to submit the grievance to binding arbitration in accordance with the procedures set forth below or to the Teamster’s Local 214 Grievance Panel for review. Notice of the Union’s intent to proceed to the Grievance Panel must be submitted to the College in writing. The decision of the Grievance Panel must be made within sixty (60) days. The Union may appeal arbitral grievances to grievance arbitration under and in accordance with the rules of the American Arbitration Association. Notice of such appeal must be submitted to the College in writing Within twenty (20) work days following notice of appeal, demand for arbitration shall be made by written submission, defining the issue to be arbitrated. The College shall then have ten (10) work days within which to reply to such submissions by filing same with the American Arbitration Association. If the parties do not agree on an arbitrator selection the Union shall file an arbitration notice within 15 calendar days through the American Arbitration Association. The filing with the American Arbitration Association shall be for the selection of the arbitrator only. The Arbitrator shall be empowered, except as limited herein, after due investigation, to make a group decision in cases of employeesalleged violations, that there has been misinterpretation misinterpretations, or misapplication of any provision a specific article and section of this written agreement Agreement. Although the arbitrator may cite law in making his/her award, he/she shall have no power to interpret state and/or Federal Law, to hear any matter involving constitutional rights or School Board Policy to render any provisions of this Agreement inapplicable by reason thereof. The Arbitrator’s decisions shall be submitted in writing and shall set forth his/her findings and conclusions with respect to the issue submitted to arbitration. There shall be no appeal from an arbitrator’s decision, if within the scope of his/her authority as set forth herein, and it shall be final and binding on the Union, members of the bargaining unit, the employee(s) involved, and the College. The arbitrator’s fees and expenses, the cost of any hearing and the cost of a reporter, shall be borne by the losing party. All other costs and expenses shall be borne by the party incurring them. The expenses and compensation of any witness or participant attending the arbitration proceeding shall be paid by the party calling such witness or requesting such participation, excluding the Xxxxxxx who is party to the grievance or his/her designee.
B. A Union representative shall have the right to represent any employee in any grievance proceedings upon the request of that affects educational support personnel's wagesemployee. A Union representative shall have the right to process a grievance in behalf of the Union. Any individual employee may present a grievance and have the right to process a grievance on behalf of the Union. Any individual employee may present a grievance and have such grievance adjusted, hourswithout intervention or a Union representative, or terms and conditions of employment which if the adjustment is not inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint and if a Union representative, at no cost to the Board, representative has been given an opportunity to be present for all meetingsat such adjustment.
C. At each step of the formal Grievance Procedure, hearings, appeals, the members of the administrative staff or other proceedings relative the Board shall promptly determine the grievance and give notice of its determination to any grievance which has been formally presented the individual involved or representative of the group and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, at the employee step.
D. Every grievance shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, deemed settled and incontestable unless within ten (10) working days after receipt of such notice of determination at any step appeal is taken as above provided to the next succeeding step of the alleged violation or within ten (10) working days following Grievance Procedure.
E. The liability of the time when the employee responsibly should have gained knowledge College arising out of its occurrence. Any adjustment reached in the informal discussion a grievance shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(slimited to not more than fifteen (15) must initiate the following formal grievance procedure within five (5) working days from prior to the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition submission of the grievance or in the expiration of the disposition timelinesfirst step.
Step I A formal written grievance must F. The College shall provide all necessary forms for the processing of grievances.
G. No terms can be filed on added to or subtracted from this Agreement, nor any provision thereof changed, by the specified grievance form and submitted Grievance Procedure. Except as otherwise provided in this Agreement, grievances shall be limited to disputes involving the application or interpretation of this Agreement (either as to the facility manager. In meaning of its terms or as to the event rights of either party under these terms or as to the remedy sought is not within the jurisdiction justification of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveaction taken under these terms).
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 A. Any claim by an employee, or a group of employees, believing that there has been misinterpretation a violation, misinterpretation, or misapplication of any provision of this written agreement Agreement or School Board Policy that affects educational support personnel's any existing rule, order or regulation of the Board, except a statute specifically establishing a procedure for redress, relating to wages, hours, terms or terms and conditions of employment employment, may individually or through the Association file a written grievance with the Board or its designated representative unless prohibited by law. Such grievance shall specify the remedy desired, the specific section of the contract or policy that has been violated, and must be signed by the employee or the Association representative in the case of a grievance which pertains to general contract interpretation.
B. A grievance must be filed within thirty (30) days of the occurrence or reasonable knowledge thereof.
C. The primary purpose of this procedure is to secure, at the lowest level possible, equitable solutions to the problems of the parties. Nothing contained herein shall be construed to prevent any individual employee from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement Agreement, provided that the Association has been given opportunity to be present at such adjustment.
D. Level One An employee with a grievance shall submit it in writing to his immediate supervisor, principal, or School Board Policy other designated administrator, individually, together with his Association representative or through the Association representative if authorized by the employee. The supervisor and the grievant shall be a have ten (10) days to meet and resolve the grievance. If the grievance involves any of the rights granted to the Unionis not resolved, the supervisor shall have ten (10) days to answer the grievance may be filed by the Union directly to Step IIin writing.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 E. Level Two In the event that an employee believes there the grievance is a basis for a grievance he/she not satisfactorily resolved at Level One, written notice of intent to proceed to Level Two shall first discuss be given to the alleged grievance Superintendent or designee within ten (10) days of receipt of the written decision at Level One. If the Association gives notice to proceed with the facility manager (Within the Superintendent's Complexgrievance, a department constitutes meeting shall be held between a facility.)representative, at which a representative may be presentthe Association and the Superintendent or designee, within ten (10) working days of receipt of notification that the alleged violation or grievance is being pursued. A written answer shall be returned to the Association within ten (10) working days following of said meeting.
F. Level Three In the time when event the employee responsibly should have gained knowledge grievance is not satisfactorily resolved at Level Two, written notice of its occurrence. Any adjustment reached in the informal discussion intent to proceed to Level Three shall be consistent with given to the terms Board within ten (10) days of this Agreementreceipt of the written decision at Level Two. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five Within fifteen (515) working days from the date receipt of the informal conference specified above. When requested by grievance, the employee, a Union representative may be presentBoard shall pass upon the grievance. The aggrieved Board may withdraw hold a grievance at any step in hearing thereon, may designate one or more of its members to hold a hearing thereon, or otherwise investigate the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance or the expiration provided; however, that in no event, except with express written consent of the disposition timelines.
Step I A formal written Association, shall final determination of the grievance must be filed on made by the specified grievance form and submitted Board more than twenty-five (25) days after its submission to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveBoard.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Contract Extension Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 25.01 Every employee shall have the right to present his grievance in accordance with the procedures provided herein, free from any interference, coercion, restraint, discrimination or reprisal and except for Step 1, shall have the right to be represented by an employeea person of his own choosing at all stages of the Grievance Procedure. It is the intent and purpose of the parties to this Agreement that all grievances shall be settled, if possible, at the lowest step of this procedure.
25.02 For the purposes of this procedure, the following terms are defined:
A) Grievance - A "grievance" shall be defined as a dispute or controversy arising from the misapplication or misinterpretation of the provision of this Agreement.
B) Aggrieved party - The "aggrieved party" shall be defined only as any employee or group of employees within the bargaining unit actually filing a grievance.
C) A "day" as used in this procedure shall mean calendar days, excluding Saturdays, Sundays or holidays as provided for in this Agreement.
25.03 The following procedures shall apply to the administration of all grievances filed under this procedure.
A) Except at Step 1, all grievances shall include the name and position of the aggrieved party; the identity of the provisions of this Agreement involved in the grievance; the time and place where the alleged events or conditions constituting the grievance took place; the identity of the party responsible for causing the said grievance, if known to the aggrieved party; and a general statement of the nature of the grievance and the redress sought by the aggrieved party.
B) Except at Step 1, all decisions shall be rendered in writing at each step of the grievance procedure. Each decision shall be transmitted to the aggrieved party and his representa- tive, if any.
C) If a grievance affects a group of employees working in different locations, with different principals, or associated with an employer-wide controversy, it may be submitted at Step 3, except one (1) employee selected by such group may process the grievance as the designated representative of the named group. However, grievances can be initiated only by an individually aggrieved employee, and not by a third party grievant. In situations in which monetary relief is sought, the employee who is initially entitled to relief must initiate the grievance.
D) The preparation and processing of grievances shall not interfere with the employees, that there has been misinterpretation or misapplication ' normal work duties.
E) Nothing contained herein shall be construed as limiting the right of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent employee having a grievance to discuss the matter informally with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any appropriate member of the rights granted to admin- istration and having said matter informally adjusted without the intervention of the Union, provided that the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative adjustment is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent inconsistent with the terms of this Agreement. IfIn the event that any grievance is adjusted without formal determination, after informal discussion pursuant to this proce- dure, while such adjustment shall be binding upon the aggrieved party and shall, in all respects, be final, said adjustment shall not create a precedent or ruling binding upon the Employer in future proceedings.
F) This Grievance Procedure shall be the sole and exclusive procedure for remedies sought for alleged violations of this bargaining agreement.
G) The time limits provided herein will be strictly adhered to and any grievance not filed initially or appealed within the specified time limits will be deemed waived and void. If the Employer fails to reply within the specified time limit, the grievance shall automatically move to the next step. The time limits specified for either party may be extended only by written mutual agreement.
H) This procedure shall not be used for the purpose of adding to, subtracting from, or altering in any way, any of the provisions of this Agreement.
25.04 All grievances shall be administered in accordance with the facility manager, following steps of the Grievance Procedure.
Step 1: An employee who believes he may have a grievance exists, shall notify his immediate supervisor of the grievant(s) must initiate the following formal possible grievance procedure within five (5) working days of the occurrence of the facts giving rise to the grievance. The Supervisor will schedule an informal meeting with the employee and his representative, if the representative's presence is requested by the employee, within five (5) days of the date of the notice by the employee. The Supervisor and the employee, along with the employee's representative, if his presence is requested by the employee, will discuss the issues in dispute with the objective of resolving the matter informally.
Step 2: If the dispute is not resolved informally at Step 1, it shall be reduced to writing by the xxxxxxxx and presented as a grievance to the employee's supervisor within five (5) days of the informal meeting or notification of the supervisor's decision at Step 1, whichever is later, but not later than seven (7) days from the date of the informal conference specified above. When requested by meeting if the employee, a Union representative may be presentsupervisor fails to give the employee any answers. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed supervisor shall give his answer within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesmeeting.
Step I A formal 3: If the aggrieved party initiating the grievance is not satisfied with the written grievance must decision at the conclusion of Step 2, a written appeal of the decision may be filed on with the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing Fire Chief within five (5) work days from the date of the rendering of the decision in Step 2. Copies of the written decision shall be submitted with the appeal. The Fire Chief shall convene a hearing within ten (10) days of the receipt of the formal grievanceappeal. The facility manager hearing will then have fivebe held with the aggrieved party and his representative, if he requests one. The Fire Chief shall issue a written decision to the employee's representative and a copy to the employee if the employee requests one, within fifteen (15) days from the date of the hearing.
Step 4: If the aggrieved party is not satisfied with the written decision at the conclusion of Step 3, a written appeal of the decision may be filed with the Employer within five (5) days from the date of the rendering of the decision in Step 3. Copies of the written decisions shall be submitted with the appeal. The Employer, or his designee, shall convene a meeting within ten (10) days of the receipt of the appeal. The meeting will be held with the aggrieved party, his representative, if any, and any other party necessary to provide the required information for the rendering of a proper decision. The Employer, or his designee, shall issue a written decision to the employee, with a copy to the employee's representative, if any, within fifteen (15) days from the date of the meeting. If the aggrieved party is not satisfied with the decision at Step 4, he may proceed to arbitration pursuant to the Arbitration Procedure herein contained.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A grievance shall be defined as an employee, or a group alleged violation of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or the expressed terms and conditions of employment which is inconsistent with this Agreement. The following matters shall not be the terms basis for any resolution by an arbitrator of any grievance filed under the procedure outlined in this Agreement Article:
1. The termination of services of or School Board Policy shall be failure to re-employ any probationary or tenured bargaining unit member; the assignment or placement of; layoff or recall;
2. The termination of services or failure to re-employ any bargaining unit member to a grievanceposition on the extra-curricular salary, Appendix B;
3. If the grievance involves any Any matter of the rights granted to written evaluation;
4. Any matter for appeal within the Unionjurisdiction of the Teacher Tenure Act, the grievance may be filed by the Union directly to Step IIMichigan Compiled Laws 38.71 et seq.
4.2 The grievant(s) shall be allowed to appoint a Union representative5. Any prohibited subjects of bargaining.
B. A "Party of Interest" is the Association, at no cost to the Board, to be present for all meetings, hearings, appealsperson, or other proceedings relative to persons making claim and any grievance which has been formally presented and no employee may person or persons who might be required to discuss any take action, or against whom the action might be taken in order to resolve a problem.
C. The term "day", when used in this section, shall, except where otherwise indicated, mean working school days as indicated by the school calendar.
D. Written grievances shall contain the following:
1. The section or subsection of the contract alleged to have been violated;
2. The date of the alleged violation;
3. A description of the alleged violation (specific facts giving rise to the alleged violation);
4. The relief requested;
5. The signature(s) of the grievant, grievants, or Association Representative; and
6. The date the grievance if is filed.
E. The primary purpose of the Union representative procedure set forth in this section is not presentto secure, at the lowest possible level, equitable solutions to the problems of the parties. If an employee desires Union representation, the employee Both parties agree that these proceedings shall be responsible for requesting kept as confidential as may be appropriate at any level of such representationprocedure. Additional representation will Nothing herein shall be by mutual agreement.
4.3 construed as limiting the right of any bargaining unit member having a grievance to discuss the matter informally with any appropriate member of the administration. In the event that an employee believes there is a basis for a grievance he/she is filed on or after the first of June, every effort will be made to resolve the grievance prior to the beginning of the next school year. Level One: A bargaining unit member with an alleged grievance shall first discuss the alleged grievance with the facility manager principal no later than fifteen (Within 15) days following the Superintendent's Complexalleged grievance in an attempt to informally resolve the issue. Should this discussion not resolve the issue, a department constitutes a facility.), at which a representative written grievance may be presentpresented to the Association Vice-President. He may then recommend that it be presented to the principal within fifteen (15) days of the time of the informal discussion. The principal shall make a decision within fifteen (15) days. Failure to act will move the alleged grievance to Level Two. Level Two: In the event the grievance is not satisfactorily resolved at Level One, the grievant or the Association Representative may file the grievance in writing with the Superintendent within five (5) days after the decision or lack of decision at Level One. The Superintendent will take action within five (5) days. Level Three: If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted to arbitration before an impartial arbitrator selected by the two parties. Notice of appeal to arbitration shall be submitted by the Association within ten (10) working days of the alleged violation or within ten (10) working days following Superintendent's disposition. If the time when two parties cannot agree as to the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion arbitrator, he shall be consistent selected by the American Arbitration Association in accordance with its rules. Both parties agree to be bound by the award of the arbitrator. The fees and expenses of the arbitrator shall be paid by the losing party. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee6.1 A grievance shall be defined as a charge of a violation, or a group of employeesmisinterpretation, that there has been misinterpretation or misapplication of any provision the expressed terms of this Agreement.
6.2 For purposes of this article, days shall mean calendar days, exclusive of Saturdays, Sundays, legal holidays, and paid holidays.
6.3 The procedures of adjustment of grievances shall be as follows:
Step 1. An employee with a problem or grievance shall first discuss the matter with his/her immediate supervisor with the objective of settling it quickly and informally.
Step 2. In the event the grievance has not been satisfactorily settled, the matter shall be reduced to writing no later than ten (10) days from date of occurrence. The written agreement or School Board Policy that affects educational support personnel's wagesgrievance shall be on a form as provided in Appendix A. The written grievance shall be presented to the employee’s immediate supervisor for disposition. Within five (5) days of receipt of the written grievance the supervisor shall have a conference with the employee and the elected representatives of the Association. The employee may choose to have an additional member of his/her own choosing attend the conference. It is the supervisor’s responsibility to attempt to set a mutually satisfactory time and place for said meeting. The affected employee(s) shall be present at such meeting. Within five (5) days after the meeting, hoursthe supervisor shall state his decision in writing, or indicate that the relief sought is outside his jurisdiction and authority, and furnish a copy thereof to the grievant(s) and Association.
Step 3. Within five (5) days after receiving the decision in Step 2, the Association may appeal in writing to the Superintendent or his/her designee. Within five (5) days of receipt of the written grievance, the Superintendent or his/her designee shall schedule a conference with the Association. It is the Superintendent or his/her designee’s responsibility to attempt to set a mutually satisfactory time and place for said meeting. The affected employee or employees shall be present at such meeting. Within five (5) days of the hearing meeting, the Superintendent or his/her designee shall state his/her decision in writing, and furnish a copy thereof to the grievant(s) and the Association.
Step 4. Within five (5) days after receiving the decision of Step 3, the Association may appeal the decision in writing through the Superintendent of Schools to the Board of Education. Within ten (10) days of receipt of the grievance, the Board of Education shall have a hearing with the grievant(s) and the Association. The Board shall hear the grievance in dispute and shall render its decision in writing within ten (10) days from the close of the hearing.
Step 5. If the Association is not satisfied with the disposition of the grievance by the Board or no decision is rendered within the time provided in Step 4, the Association may, within ten (10) days, submit the matter to arbitration and so notify the Superintendent in writing. If possible, the Board and Association shall mutually begin the selection of an arbitrator within ten (10) days of the arbitration request by the Association. If the parties cannot agree to an arbitrator, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules. The only evidence or arguments which may be presented at the arbitration hearing are those which were used in the previous steps of this grievance procedure and to which a written reference has been made. The arbitrator shall hear the grievance in dispute and shall render his decision in writing as soon as is reasonable. The arbitrator’s decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issue submitted to arbitration. The arbitrator shall confine the decision to the particular case submitted to arbitration. Both parties agree to be bound by the award of the arbitrator. The arbitrator shall have no authority except to pass upon alleged violations of this Agreement. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement, nor to interfere with the exercise of the Employer’s rights and conditions responsibilities, except, as those rights are expressly limited to this Agreement.
6.4 The fees and expenses of employment the arbitrator shall be paid at equal expense of the Employer and Association. The cost of grievances brought solely by an employee without the support of the Association shall be the responsibility of the employee only.
6.5 No complaint which alleges a statutory unfair labor practice (under the Michigan Employment Relations Act) or a statutory unfair labor practice (under the Federal or State Civil Rights Act) or any other right or remedy which arises pursuant to state constitution or government regulation, may be filed or processed as a grievance under this Agreement. Such matters shall be resolved by the agencies in courts of competent jurisdiction designed by law to deal with such issues.
6.6 On agreement between the Employer and the Association, a hearing upon a grievance may be commenced at any step, and any time limit within the grievance, and may be extended by mutual agreement.
6.7 An employee or the Employer has the right to be represented at any step in the grievance procedure by an attorney or representative. All proceedings in the grievance procedure process shall be held on the Employer’s premises.
6.8 Any grievance or request for advancement to the next grievance level which is not made within the time prescribed shall be deemed to have been withdrawn and shall automatically terminate any further proceedings, resulting in a forfeiture of the grievance.
6.9 The foregoing grievance procedure shall not apply to:
a. A grievance by an employee who desires to assert his/her right to present such grievance to the Employer and have it adjusted without interference of the Association, provided that the adjustment is not inconsistent with the terms of this Agreement Agreement
b. The discipline, suspension, or School Board Policy shall be discharge of a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIprobationary employee.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. c. Any adjustment reached in the informal discussion shall be consistent with the terms provision of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days Agreement which contains an express exclusion from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted this procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeShould any difference arise between the Board and any teacher or the Federation with respect to the meaning, interpretation, or application of a group of employees, that there has been misinterpretation or misapplication of any specific and identified provision of this written agreement or School Board Policy that affects educational support personnel's wagesagreement, hours, or terms and conditions of employment which is inconsistent it shall be resolved in accordance with the terms following procedure. This Procedure is intended to encourage resolution of this Agreement or School Board Policy differences through discussion of concerns and consideration of mutually agreeable options wherever possible and, where such discussions are not successful, to facilitate efficient processing of the grievance. Informal resolution of differences through discussion between teachers and their supervisors is encouraged. A grievance shall be a recognized and processed if it is reduced to writing and filed with the Vice President of Academic Affairs within twenty (20) working days following the occurrence of the event giving rise to the grievance. If the grievance involves concerns counseling staff, it shall be filed with the Vice President of Student Services. Either before a grievance is filed or soon thereafter, a conference shall be scheduled by the applicable Vice President (either Academic Affairs or Student Services). The aggrieved and the Federation shall be notified of the time and place of the conference. The participants in the meeting shall be agreed upon by the applicable Vice President or his or her designee and the aggrieved/Federation. If agreement on participants cannot be reached, the conference may be attended by the aggrieved and up to two Federation Representatives, the applicable Vice President or a designee and up to two additional administrators as designated by the applicable Vice President, except that the aggrieved may choose to participate without any intervention by the Federation. The purpose of the meeting shall be to clarify concerns and to explore options for resolving the issue by mutual agreement. If agreement cannot be reached, the participants shall discuss whether to modify any of the rights granted subsequent steps and timelines for processing the grievance. Any agreement to modify steps and timelines shall be reduced to writing between the UnionFederation and the applicable Vice President. If this meeting does not resolve the matter, the applicable Vice President shall provide a written response either accepting or denying the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance is filed or the expiration of meeting is held, whichever is later. A denial shall include reasons for the disposition timelinesdenial.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Samples: Union Contract, Collective Bargaining Agreement, Labor Contract
GRIEVANCE PROCEDURE. 4.1 16.1 Any claim difference between any employee covered by an employee, this collective agreement and the Board or in a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with proper case between the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any Local of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to Association and the Board, concerning the interpretation, application, operation or alleged violation of this collective agreement and further including any dispute as to be present for all meetingswhether the difference is arbitrable, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementdealt with as herein provided without stoppage of work or refusal to perform work.
4.3 In the event that an employee believes there is (a) Such a basis for difference (hereinafter called "a grievance he/she grievance") shall first discuss be submitted in writing to the alleged grievance with superintendent or designate, and to the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days Local economic policy committee of the alleged violation or within ten (10) working days following Association as the time when the employee responsibly should have gained knowledge of its occurrencecase may be. Any adjustment reached in the informal discussion Such written submission shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure made within five (5) working 15 days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals incident giving rise to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or from the expiration date the griever first has knowledge of the disposition timelinesincident, whichever is later. Such grievance shall set out the nature of the grievance, the articles of this collective agreement which it is alleged have been violated and the remedy sought.
Step I A formal written grievance must be filed on (b) Both the specified grievance form employee and submitted the employer or their representatives, shall meet to resolve the facility manager. In the event the remedy sought is not dispute within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work 10 days of the receipt of the formal grievancegrievance notice.
(c) In the event that the grievance concerns matters of salary, the Board agrees to provide relevant payroll records if requested by the griever or his representative.
16.2 In the event the grievance is not settled within 15 days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five days have elapsed from the expiration of the aforesaid 15 days time period, the grievance shall be referred in writing to the grievance committee. Such grievance committee shall be composed of two representatives of the Board and two representatives of the Association. A quorum of this committee shall consist of all members. The facility manager will grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within 21 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except where by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.
16.2.1 If the grievance committee does not reach a unanimous or any decision within the said time, then have fiveeither party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 21 day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.
16.2.2 No meeting of the grievance committee shall be held during normal teaching hours except by the unanimous consent of the grievance committee.
16.3 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the director as defined in the Labour Relations Code to make the necessary appointment.
16.3.1 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 The arbitration board shall not change, amend or alter any of the terms of this collective agreement. All grievances or differences submitted shall present an arbitrable issue under this collective agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this collective agreement or that involves the determination of a subject matter not covered by or arising during the term of this collective agreement.
16.5 The finding and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the arbitration board.
16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman provided, however, that this time period may be extended by written consent of the parties.
16.6 Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expenses of the chairman.
16.7 All of the aforesaid time limits referred to in the grievance procedures shall be exclusive of Saturdays, Sundays, statutory holidays and school holidays excepting school holidays in July and August if required to complete a grievance already started. With the consent of all parties involved, a grievance procedure may be delayed until after the summer break.
16.8 In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the actions specified and within the time limits specified, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time limits may be extended at any stage upon the written consent of the parties.
Appears in 3 contracts
Samples: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 17.1. It is mutually understood that the prompt presentation, adjustment, and/or answering of grievances is desirable in the interest of sound relations between the employees and the College. The prompt and fair disposition of grievances involves the important and equal obligations and responsibilities, both joint and independent, on the part of the representatives of each party to protect and preserve the Grievance Procedure as an orderly means of resolving grievances. Actions by an employeethe College or the Union which tend to impair or weaken the Grievance Procedure are improper.
Section 17.2. A grievance is a dispute or difference between the College and the Union, or a group between the College and an employee(s), concerning the wages, hours, and working conditions set forth in this Agreement, the interpretation and/or application of employees, that there has been misinterpretation or misapplication of and/or compliance with any provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement including all disciplinary actions, hoursand when any such grievances arise, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy following procedure shall be a grievanceobserved:
Step 1. The employee and the employee’s supervisor may meet to attempt to work out the grievance on an informal basis.
Step 2. If the grievance involves any of is not resolved under the rights granted to the Unioninformal method set forth in Step 1, the a written grievance may must be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within event upon which the grievance is based with the employee’s supervisor. Within ten (10) working days following after the time when filing of the grievance, a meeting will be held among the supervisor, the Labor and Employee Relations Representative, the aggrieved employee(s), and if the employee(s) so elect(s), a representative of the Union. Following this meeting, the supervisor shall issue a written/electronic answer to the grievance within seven (7) working days.
Step 3. If the grievance is not satisfactorily settled in Step 2, the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in and/or Union may appeal the informal discussion shall be consistent with Step 2 answer to the terms of this Agreement. IfCampus President, after informal discussion with the facility managerappropriate Vice President or designee, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five seven (57) working days from the date after receipt of the informal conference specified aboveStep 2 response. When requested by the employee, a Union representative may Such appeal shall be presentwritten/ electronic. The aggrieved may withdraw Campus President, appropriate Vice President, or designee shall schedule a grievance at any step meeting with the employee(s) and if the member(s) so
Step 4. If the grievance is not satisfactorily settled in Step 3, the adopted procedure. Appeals to Step I and Step II must be filed aggrieved member(s) and/or the Union may file an appeal with the Vice President of Human Resources of the College or his/ her designee within five seven (57) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of after the receipt of the formal grievancestep 3 decision. Such appeal shall be written/electronic. The facility manager will then have fiveVice President of Human Resources or his/her designee shall schedule a grievance meeting with the aggrieved member(s) and/ or the representative of the Union as outlined above within seven (7) working days after the receipt of the appeal and shall render a written/electronic response within seven (7) working days after the close of the meeting. A copy of the written/electronic response shall be sent to the Union Executive Board, the Grievance Chair, and the SEIU Member Resource Center.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any A grievance is defined as a claim or dispute by an employee, any bargaining unit employee or a group of employees, that there has been misinterpretation the Union concerning the interpretation or misapplication of any provision application of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement. The parties encourage open communication between employees and their supervisors. Prompt resolution of personnel issues is important for good relations, hours, or terms fairness and conditions of employment which is inconsistent efficient operation.
Step 1. Grievances shall initially be taken up orally by the employee and/or the Union Xxxxxxx and/or Union Representative with the terms of this Agreement immediate supervisor or School Board Policy shall be a grievancethe Program Manager in an attempt to settle the matter on an informal basis.
Step 2. If the grievance involves any is not satisfactorily settled at Step 1, it shall be reduced to writing by the employee or his/her representative and submitted to the Associate Director in Marin County, or the Director of San Francisco Programs in San Francisco County. Such written grievance shall contain a clear written statement of the rights granted nature of the grievance, the date of the alleged violation, the Section(s) of the Agreement on which the
Step 3. If the grievance is not satisfactorily settled at Step 2, it may be presented in writing to the Union, the grievance may be filed Executive Director or designee by the Union directly to within seven (7) calendar days after Step II2 is completed.
4.2 The grievant(sStep 4. Provided a request is made in writing within fourteen (14) shall be allowed to appoint a Union representativecalendar days of the Executive Director’s or designee’s response, at no cost to if the Boardgrievance still remains unresolved, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee it may be required to discuss any grievance if directly referred by the Union representative is not presentto binding arbitration. If an employee desires Union representationUpon receipt of a written request for arbitration of a grievance or dispute under this procedure, the employee Employer and the Union shall be responsible for requesting such representationselect a mutually agreeable impartial arbitrator. Additional representation will be by mutual agreement.
4.3 In the event that the parties cannot agree on an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager impartial arbitrator within seven (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (107) working calendar days after receipt of the alleged violation or within ten written request for arbitration, either party may request the Federal Mediation and Conciliation Service to submit a list of five (105) working days following representative arbitrators. Each party shall alternately scratch two (2) names from the time when list, the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in first scratch being selected by lot, and the informal discussion person remaining shall be consistent with the arbitrator. The arbitrator shall not have the power to add to, subtract from or modify the terms of this Agreement. IfAll expenses of arbitration, after informal discussion excluding costs of representation and witnesses, shall be paid equally by the Employer and the Union. The decision of the arbitrator shall be final and binding upon the parties and shall be issued within thirty (30) calendar days of the arbitration hearing. Time limits may be extended or waived only by mutual agreement of the parties. If either party fails to comply with the facility manager, a grievance existstime limits, the grievant(s) must initiate grievance shall proceed through the Steps. The grievance procedure and arbitration provided for herein shall constitute the sole and exclusive method for determining settlements between the parties of any and all grievances herein defined. Expedited Arbitration: By mutual agreement of the Employer and the Union, grievances which are referred to binding arbitration may be addressed using expedited rules, which will include the following formal grievance procedure within five characteristics:
(1) Extensive efforts shall be made prior to the hearing to stipulate to the facts; (2) no attorneys will be used, however, the parties shall have the right to other representation; (3) there shall be no stenographic record of the proceedings; (4) only oral closing arguments will be used; no briefs; (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may only an oral bench decision shall be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesrequired.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract
GRIEVANCE PROCEDURE. 4.1 Any claim 8.01 A grievance shall be defined as any difference between the parties to or bound by an employeethis agreement concerning its interpretation, application, administration or a group of employees, that there has been misinterpretation or misapplication of any provision alleged violation of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with agreement.
8.02 No grievance shall be considered except under the terms of this Agreement or School Board Policy the following procedure.
8.03 All grievances submitted in writing shall be in a grievance. If the grievance involves any of the rights granted form satisfactory to the Union and the Employer, and copies at all steps shall be sent to the Director Human Resources, or designate. Employer replies to grievances at all steps shall be sent to the grievor and the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s8.04 All person(s) aggrieved shall be allowed to appoint a Union representative, at no cost to have the Board, right to be present for at all meetings, hearings, appeals, or other proceedings relative steps of the grievance procedure.
8.05 No grievance shall be considered where circumstances giving rise to any the grievance which has should reasonably have been formally presented and no employee may be required known to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within more than ten (10) working days prior to the first filing of the alleged violation or within ten (10) grievance.
8.06 For the submission of grievances as provided herein, "working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion days" shall be consistent with considered as the terms days in which ENMAX’s offices are open to the public for the transaction of regular business.
8.07 When a dispute involving a question of general application or interpretation of this Agreement. Ifagreement occurs, after informal discussion with or where the facility managerUnion has a grievance, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition One of the grievance or procedure may be by-passed. At Step Two, the expiration of grievance will be heard by the disposition timelinesExecutive Vice President & Chief Human Resources Officer.
Step I A formal written a) Failure by the Employer to abide by the specified time limits shall result in the decision being deemed to be negative and the Union may submit the grievance to the next step.
b) Failure by the Union to process the grievance in the specified time limits shall result in the grievance being automatically deemed abandoned.
c) Any extensions to the time limits contained herein must be filed on expressly granted in writing by the specified grievance form non-requesting party.
8.08 The aggrieved employee (or group of employees) shall have the case presented by the Business Agent, Union Representative, Shop Xxxxxxx or Executive Officer of Local 38. At the Informal Discussion Stage and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerStep One only, the grievant employee(s) may file present the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivecase personally.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim The grievance procedure provides for the settlement of any difference(s) between any employee covered by an employeethis collective agreement and the Board, or a group of employeesthe Alberta Teachers’ Association and the Board, that there has been misinterpretation concerning the interpretation, application, operation or misapplication of any provision alleged violation of this written collective agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which includes any disputes as to whether the difference is inconsistent with the terms of this Agreement or School Board Policy arbitrable. All grievances shall be a grievancedealt with as herein provided, without stoppage of work or refusal to perform work. If In the event the grieving party fails to take the necessary action as outlined in working conditions and grievance involves any of procedures within the rights granted to the Uniontime limits specified, the grievance shall be deemed to be at an end. Any of the following time limits may be filed by extended at any stage upon written consent of the Union directly to Step IIparties.
4.2 The grievant(s(a) Such difference (hereinafter called “grievance”) shall first be allowed to appoint a Union representative, at no cost submitted in writing to the Boardsecretary treasurer of Lethbridge School District No 51 (hereinafter referred to as secretary treasurer) and to the president of the Alberta Teachers’ Association Local No 41, as the case may be, who in turn submits it to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative working conditions committee. The working conditions committee is not present. If an employee desires Union representationcomposed of four Alberta Teachers’ Association representatives (economic policy chairperson, the employee president of the ATA Local No 41 and two representatives) and four Board representatives (two Board trustees, secretary treasurer and superintendent or designate).
(b) Such written submission shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, made within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) 15 working days from the date of the informal conference specified aboveincident giving rise to the grievance or from the date the griever first had knowledge of the incident, whichever is later.
(c) Such grievance shall set out the nature of the grievance and the article(s) of this collective agreement which is alleged to have been violated.
(d) Six members of the working conditions committee, (three Board representatives and three ATA representatives) shall be identified as voting members for the purpose as outlined below. When requested A quorum shall consist of six voting members.
(e) The grievance shall be placed on the agenda of the first regular meeting of the working conditions committee following receipt of the grievance by the employee, secretary treasurer and the president of the ATA Local No 41.
(f) If the voting members of the working conditions committee reach a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals unanimous decision as to Step I and Step II must be filed within five (5) working days following the disposition of any grievance, that decision shall be final and binding and the griever shall be so informed by registered letter by the secretary of the working conditions committee within five working days. If the working conditions committee does not reach a unanimous or any decision, the griever shall be so informed by registered letter by the secretary of the working conditions committee within five working days. If the grievance is of a personal nature, the griever, the secretary treasurer or the expiration president of the disposition timelines.
Step I A formal written ATA Local No 41 will have the right to refer the grievance must be filed on the specified grievance form and submitted directly to the facility manager. In grievance committee, rather than having the event matter dealt with by the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveworking conditions committee.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an Step 1. Within ten (10) workdays after the act or occurrence that gives rise to the grievance, the employee, or a group the union representative on behalf of employeesthe employee, may present the grievance, in writing via hard copy or email, to his or her office director. The grievance must specify the term(s) of the Agreement that there the employee believes has been misinterpretation or misapplication violated, date of any provision of this written agreement or School Board Policy that affects educational support personnel's wagesthe violation and the resolution requested by the employee. Within fifteen (15) workdays, hoursthe office director will meet with the employee, or terms the union representative on behalf of the employee, or both and conditions take whatever actions are necessary and appropriate to investigate and evaluate the grievance. The office director will provide the employee and the union representative with a written response, via hard copy and email, to the grievance within seven (7) workdays after the grievance meeting has been held. Resolution at Step 1 will not be binding on future grievances and will not constitute precedent or practice.
Step 2. Within seven (7) workdays after the office director in Step 1 has informed the employee of employment which his or her decision, and if the employee is inconsistent not satisfied with the terms Step 1 decision, the employee, or the union representative on behalf of this the employee, may present the grievance to the Executive Director. The grievance must be presented in writing via hard copy or email. The grievance must specify the term(s) of the Agreement that the employee believes has been violated, date of the violation and the resolution requested by the employee. Within fifteen (15) workdays of having been presented with the grievance, the Executive Director or School Board Policy shall Executive Director’s designee will meet with the employee, or the union representative on behalf of the employee, or both, and take whatever actions are necessary and appropriate to investigate and evaluate the grievance. The Step 2 grievance will not be evaluated as an appeal. The Executive Director will determine the grievance on a grievancede novo basis. The Executive Director will provide a decision to the employee and the union representative in writing within twenty (20) workdays after the grievance meeting has been held. The Executive Director’s determination will be final and binding and may be cited as precedent in future grievances involving the same facts and issue(s), unless the grievance is submitted to a Grievance Appeal Committee pursuant to Step 3 or submitted to arbitration pursuant to Step 4.
Step 3. If the grievance involves any is not resolved by the Executive Director to the satisfaction of the rights granted to employee at Step 2, it may be appealed by the Union, through a hard-copy or email written demand made within twenty (20) workdays of receipt of the grievance Step 2 decision, to either a Grievance Appeal Committee under this Step (Step 3) or an arbitrator under Step 4. Parties are encouraged to utilize the process in Step 3 in order to provide for a more timely and efficient decision informed by fellow Legislative Council employees, but may be filed by the Union file directly to arbitration (Step II.
4.2 4) if they do not wish to utilize the Grievance Appeal Committee (Step 3). The grievant(s) shall be allowed to appoint a Union representative, at no cost to members of the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation Grievance Appeal Committee will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, selected within ten (10) working work days of receipt of the alleged violation appeal and will be comprised of three (3) representatives from management (appointed by the Union and to include the HR Director; not to include the Executive Director) and three (3) MSEA members in this unit (appointed by the Executive Director or within ten (10) working days following member of management on behalf of the Executive Director and to include an MSEA xxxxxxx). Time served on the Grievance Appeal Committee will be paid time when and the employee responsibly should have gained knowledge committee members shall maintain the confidentiality of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate and the proceedings. A hearing will be scheduled within the following formal grievance procedure within forty-five (545) working days from workdays. The parties may mutually agree to extend. During the date hearing of the informal conference specified above. When requested appeal by the employeeGrievance Appeal Committee, a Union representative may both the grievant(s) and the office director will be presentable to present their case. The aggrieved may withdraw Grievance Appeal Committee will make a ruling and notify the parties involved, in writing, within twenty (20) workdays of the hearing. The Grievance Appeal Committee’s determination will be final unless the grievance at any step in is submitted to arbitration after receipt of the adopted procedure. Appeals Step 3 decision, pursuant to Step I and 4. A grievant’s decision to utilize Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines3 does not preclude their ability to pursue arbitration under Step 4.
Step I A formal written 4. If the grievance must be filed on the specified grievance form and submitted is not resolved to the facility manager. In the event the remedy sought is not within the jurisdiction satisfaction of the facility managergrievant(s) at either Step 2 or Step 3, the grievant may file the Step I grievance at the lowest level at which the relief it may be granted. Such form will be available from appealed by the Union representative and will be available on the District website. The facility manager will schedule and conduct Union, through a Step I hearing written demand via hardcopy or email made within five twenty (520) work days of the receipt of the formal grievanceStep 2 or Step 3 decision, to an arbitrator who has been agreed upon by the Union and the Legislative Council to hear disputes subject to arbitration under this Agreement. The facility manager A copy of the request for arbitration will then have fivebe sent simultaneously to the Executive Director.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with Section 1. The grievance procedure shall apply to the terms provisions of this Agreement or School Board Policy and to administrative practices and policies of the District directly affecting the employees covered by this Agreement.
Section 2. No employee shall be discharged without just cause. The Superintendent of Schools shall provide a written statement of cause of dismissal. Violation of this Agreement by an employee may be regarded as cause for discharge.
Section 3. In the event an employee is dissatisfied with a ruling submitted to him by his immediate supervisor, or if there is any difference of opinion or dispute between the employer and the employee regarding the interpretation or operation of this Agreement, the following procedure will be followed:
a. A written grievance must be filed with the employee grievance committee and a copy sent to his immediate supervisor within seven (7) days after knowledge of the occurrence of the act which resulted in the grievance. Failure to file a grievance, as provided, will relieve the employer of all financial obligation and responsibility concerning the complaint.
b. Should a grievance arise, an attempt will be made to settle such dispute, between the authorized representative of the Union and the Superintendent or Superintendent’s Designee. If a satisfactory solution is not reached by these parties within five (5) working days, then the representative of the Union and the Superintendent of Schools will attempt to adjust the grievance. They shall have five (5) working days to reach an agreement unless, by mutual consent, a longer period is agreed upon.
c. In the event the representatives of the Union and the Superintendent of Schools cannot adjust the grievance within the time provided, the matter shall be referred to the Board of Education for review. The employee, accompanied by two (2) people of his choice, the involved personnel, and the Board will meet in committee session to hear the grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative settlement is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, reached within ten (10) working days days, the service of an arbitrator from the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion Illinois Education Relations Labor Board facilities shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, used to bring about a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be presentsettlement. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form arbitrator's ruling will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivebinding.
Appears in 2 contracts
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1: The purpose of this procedure is to resolve grievances in an orderly manner. A determined effort shall be made to settle any grievances at the lowest possible level in the grievance procedure and during the grievance procedure there shall be no suspension of work or interference with the operations of the Library. Meetings or discussions involving grievances or the procedures set forth hereafter shall not occur on Employer time unless otherwise mutually agreed. References to “days” in this agreement mean calendar days.
Section 2: A Shop Xxxxxxx and either a Staff Representative or Local President may visit the work location of or speak by an employeetelephone to employees covered by this Agreement at a reasonable time for the purpose of investigating grievances, but without interfering with Library operations.
Section 3: A grievance is defined as only those disputes involving the interpretation, application or alleged violation of a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement. To be valid, hoursgrievances must be submitted to the other Party as soon as possible, but no later than 14 days from the incident leading to the grievance, or terms and conditions from the date the employee could have reasonably known of employment which is inconsistent the incident. Grievances shall be processed in accordance with the terms following procedures within the stated time limits.
STEP 1. An aggrieved employee and/or the Union shall present grievances in writing within fourteen (14) days of this Agreement or School Board Policy their alleged occurrence to their immediate supervisor, who shall be available to meet with the employee and Union xxxxxxx in person, via conference call or other available means, and who shall attempt to resolve the grievance within fourteen (14) days after receipt of the grievances. Employees may waive Union representation at Step 1 only, in which case the grievance shall end at Step 1. In seeking solutions, immediate supervisors shall coordinate with their Managers. Written notice shall include:
1) A statement/description of the grievance with relevant dates and facts
2) The specific provision(s) of the Agreement allegedly violated
3) Remedy sought
4) Signature and date of the employee grieving. In the case of a group grievance, the group shall be described and at least one named employee from the affected group shall be included. The employee representing the group and the Union Xxxxxxx/Officer shall sign the grievance.
STEP 2. If not satisfied with the solution the Union shall within fourteen (14) days of receipt of the immediate supervisor's solution, submit the original grievance in writing to the Library Director, including reasons for dissatisfaction with the solution. Within fourteen (14) days from receipt of the written grievance, the Library Director or designee shall meet with the employee grieving, the immediate supervisor and manager(s) and a Union representative. The Library Director or designee shall attempt to resolve the grievance as set forth in writing, and shall issue a decision not more than fourteen (14) days after the meeting is adjourned.
STEP 3. If the grievance involves any remains unresolved, it may be submitted by the Union to the Employer's Board of Trustees within fourteen (14) days of receiving the Library Director’s or designee's response. The Board of Trustees shall convene a special meeting for the purpose of hearing the grievance within thirty (30) days of receipt of the rights granted grievance, and shall issue its decision to the Union not more than fourteen (14) days after the meeting is adjourned.
STEP 4. If the grievance has not been resolved to the Union’s satisfaction, the grievance may be filed referred to arbitration. After receipt of the written request for arbitration, the Employer and the Union shall select an impartial party to serve as an arbitrator. If the Union and the Employer are unable to agree on an arbitrator, the arbitrator shall be selected by a process of elimination from a list of five (5) arbitrators furnished by the Union directly to Step IIAmerican Arbitration Association or, if either party prefers, from a list furnished by PERC.
4.2 STEP 5. The grievant(s) grievance shall be allowed scheduled to appoint a Union representative, at no cost be heard in accordance with the arbitrator's schedule. The arbitrator's decision shall include specific findings of fact and shall identify the application and the arbitrator's interpretation of this Agreement as it applies to the Boardissue in dispute. The arbitrator shall confine himself/herself to the precise issues submitted to arbitration and shall have no authority to determine other issues not so submitted. The arbitrator shall have jurisdiction and authority only to rule on interpretation, application or compliance with this Agreement as it may apply to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentissue in dispute. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance heHe/she shall first discuss not add to or detract from or alter in any way the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms provisions of this Agreement. IfThe decision of the arbitrator shall be final, after informal discussion with conclusive and binding upon the facility manager, a grievance existsEmployer, the grievant(s) must initiate Union and the following formal employees involved. The expenses and fees in common to the services of the arbitrator shall be borne equally by the Employer and the Union. Each party shall bear the cost for preparing and presenting its own case including the costs of witnesses.
Section 4: Any and all time limits specified in the grievance procedure within five (5) working days from the date may be waived by written mutual agreement of the informal conference parties. Failure of the employees or the Union to submit the grievances in accordance with these time limits without such waiver shall constitute abandonment of those specific grievances. Failure of the Employer to submit a reply within the specified abovetime limits shall cause the grievance to be automatically moved to the next step. When requested by the employee, a Union representative A grievance may be present. The aggrieved may withdraw a grievance terminated at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition time upon receipt of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available a signed statement from the Union representative and will be available on stating that the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivematter has been resolved.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by 47:01 The parties to this Agreement recognize the desirability for prompt resolution of grievances through an employeeorderly process without stoppage of work or refusal to perform work.
47:02 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation, or a group alleged violation of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms an Article of this Agreement or School Board Policy a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(b) The dismissal, suspension, demotion, or written reprimand of an employee;
(c) A dispute concerning the classification of an employee.
47:03 Notwithstanding Section :02, an employee may complain or grieve on any unsatisfactory working condition up to and including Step 2 of the grievance procedure. The decision at Step 2 shall be final for such grievances.
(a) Where a grievance. If grievance has been initiated and the nature of the grievance involves any is such that it has or potentially could have widespread application affecting a number of employees: and where as a result the rights granted Union deems it impractical that each affected employee grieve separately, the Union shall have the right to present a group grievance on those matters as defined in Section :02 (a). A group grievance shall be presented directly to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager College President within twenty (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (1020) working days following the time when date upon which the employee responsibly should have gained knowledge employee(s) were notified orally or in writing, or on
(b) Where either party to this Agreement disputes the general application, interpretation or alleged violation of its occurrencean Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. Any adjustment reached in Where such a grievance is initiated by the informal discussion Union it shall be consistent with presented to the terms of this AgreementCollege President. If, after informal discussion with the facility manager, Where such a grievance exists, is initiated by the grievant(s) must initiate Employer it shall be presented to the following formal President of the Manitoba Government and General Employees’ Union. In all cases the grievance procedure shall be presented within five twenty (520) working days from the date of the informal conference specified aboveaction giving rise to the grievance.
(c) Where the parties fail to resolve a grievance under Section :04 (a) or :04 (b), either party may refer the grievance to Arbitration. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(d) Notwithstanding Section :06 a grievance filed under Section :04 (b) shall not require the signature of an employee.
47:05 If an employee or the Union fails to initiate or process a grievance within the prescribed time limits, the grievance will be deemed to be abandoned and all rights of recourse to the grievance procedure for that particular grievance shall be at an end. If the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union may process the grievance to the next step. Either party may request an extension of the time limits providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
47:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
47:07 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a representative present at such a discussion. When requested a grievance cannot be presented in person at any step, it may be transmitted by registered mail.
47:08 An employee has the employee, right to representation by a Union representative may be present. The aggrieved may withdraw a grievance at any step in of the adopted grievance procedure. Appeals to Step I and Step II must be filed within five .
(5a) Within twenty (20) working days following after the disposition 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, the employee shall present the grievance with the redress requested to the employee’s supervisor.
(b) The supervisor shall sign for receipt of the grievance or and if the expiration nature of the disposition timelinesgrievance is such that the supervisor is authorized to deal with it, the supervisor shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
Step I A formal written (c) The supervisor may discuss the grievance must be filed with the employee and the employee’s representative before giving a decision on the specified grievance.
(d) If the nature of the grievance form and submitted is such that a decision cannot be given below a particular level of authority, the supervisor shall forward the grievance to the facility managerCollege President or designate at Step 2 of the grievance procedure and so inform the employee and the Union. In The time limits and the event procedures of the remedy sought appropriate step shall then apply.
(e) Where the immediate supervisor at Step 1 is a union officer or officer of the Union, the grievance shall automatically be referred by the immediate supervisor to Step 2.
(a) If the grievance is not within the jurisdiction of the facility managerresolved satisfactorily at Step 1, the grievant may file employee shall submit the Step I same grievance at and the lowest level at which redress requested to the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing College President or designate within five fifteen (515) work working days of the receipt of the formal decision at Step 1.
(b) The College President or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the grievance.
(c) For those grievances defined in accordance with Section :02, the College President or designate may hold a hearing to discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance. The facility manager will then have fiveFor those grievances concerning unsatisfactory working conditions as defined in Section :03, the College President or designate shall hold a hearing to discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
47:09 Grievances concerning demotion, suspension or dismissal shall be initiated at Step 2 of the grievance procedure within twenty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. Grievances will be presented by an employeethe grievant or Association representative selected by all teachers in that particular building. Grievances will be filed with the principal or appropriate Board representative. Only those claims by a teacher, group of teachers, or Association concerning a group of employeesviolation, that there has been misinterpretation or misapplication of any provision of this written agreement Agreement or School Board Policy that affects educational support personnel's wages, hours, policy may be processed as a grievance as provided herein. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The termination of probationary employees or terms and conditions non-renewal of employment which is inconsistent probationary employees.
2. Any matter involving the content or criteria of an employee evaluation.
3. Any claim related to the failure to employ or re-employ a teacher to an extra- duty position.
B. The Association representative or grievant will file any grievances in writing with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, principal or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union designated board representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of school calendar workdays after the alleged violation occurrence or knowledge thereof. The grievance will be waived if it is not presented in writing within ten (10) working school calendar workdays. “School calendar work day” shall be defined as a day the bargaining unit member is required to work. Timelines at each of the levels may be extended by mutual agreement. Written grievances shall be presented on the form set forth in Appendix G of this Agreement and shall contain the following:
1. It shall be signed by the grievant or grievants.
2. It shall be legible.
3. It shall contain a synopsis of the facts giving rise to the alleged violation.
4. It shall cite the section or subsections of this contract alleged to have been violated.
5. It shall contain the date of the alleged violation.
6. It shall specify the relief requested. If the Board and Association representatives and the grievant(s) mutually agree at least one week prior to the end of school, a grievance may be processed by substituting summer business office days for school calendar work days.
C. Within ten (10) school calendar workdays of receipt of the grievance the principal or designated representative of the Board shall meet with the Association in an effort to resolve the grievance. Affected teachers may or may not be present at such meeting. The principal shall have ten (10) school calendar work days from the meeting to provide a disposition. If the principal’s disposition does not resolve the grievance, the grievance shall be submitted to the superintendent within ten (10) school calendar work days of receipt of the principal’s disposition. The superintendent shall have ten (10) school calendar workdays thereafter to provide a disposition. If the superintendent’s disposition does not resolve the grievance, the Association shall file the grievance with the Secretary of the Board or the Board’s designee within ten (10) school calendar workdays of the receipt of the superintendent’s answer. (Upon mutual agreement of the parties, a grievance may begin at the superintendent’s level.)
D. The Board or the Board designated grievance committee shall hold a hearing and otherwise investigate the grievance. However, in no event except with the express written consent of the Association, shall final determination of the grievance committee be made by the Board or the Board designated grievance committee more than twenty-one (21) school calendar workdays after its first submission to the Board or its representative.
E. If a grievance remains unsettled after processing as per item D above, it may be submitted to arbitration by the Association under the following conditions:
1. The matter to be arbitrated must concern the application or interpretation of this Agreement, either as to the meaning of its terms or as to the rights of either party under these terms or as to whether some action which has been taken is justified according to these terms.
2. If the Association chooses to submit any unsettled grievance to arbitration, it must notify the superintendent in writing within ten (10) school calendar workdays of the conclusion of Section D of the grievance procedure. Any grievance not submitted to arbitration within the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion herein provided shall be consistent deemed withdrawn.
3. The Board and the Association may attempt to select a single arbitrator acceptable to both parties.
4. If an agreement on the selection of an arbitrator is not reached, then the Association must file a Demand for Arbitration with the American Arbitration Association (AAA) no later than twenty-five (25) school calendar workdays from the date of the answer to the grievance given at Section D of the grievance procedure.
5. The arbitrator may interpret this agreement and apply it to the particular case submitted, but the arbitrator shall, however, have no authority to add to, subtract from or in any way modify the terms of this Agreement. If, after informal discussion with nor shall the facility managerarbitrator have any authority to limit or change any policies, a grievance existspractices or rules, except as they involve an application of this Agreement, nor shall the grievant(s) must initiate arbitrator have any authority to formulate or add any new policies or rules, nor substitute his/her discretion for the following formal grievance procedure within five (5) working days from Board's discretion in cases where the date of the informal conference specified above. When requested Board is given discretion by the employee, a Union representative may be presentthis Agreement. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals arbitrator shall have no power to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed rule on the specified grievance form and submitted to the facility managertermination of service of a non-tenured teacher. In the event any disciplinary action taken by the remedy sought Board is made the subject of an arbitration proceeding, the arbitrator's authority shall, in addition to the limitation set forth herein, be limited to the determination of whether the teacher involved had been disciplined for proper cause. If the arbitrator finds that the penalty assessed by the Board is excessive for the offense or offenses committed, he/she may modify that penalty, if allowed by law. It is further understood that salary schedules incorporated in this agreement shall not be subject to arbitration and the arbitrator shall have no authority to rule on any pension plan or insurance program.
6. At the time of the arbitration hearing either party shall have the right to examine and cross-examine witnesses and to make a written record of the proceedings.
7. Claims against the Board including claims for back wages by a teacher covered by this Agreement, or by the Association, shall not be valid for more than the start of the year in which the grievance was dated.
8. All costs incurred in connection with the preparation and presentation of each case shall be paid by the party incurring such costs. The expenses of each witness and the compensation of any witness for either party shall be paid by the party producing such witness.
9. The arbitrator's fees and expenses shall be borne equally between the Association and the Board.
10. No decision of an arbitrator or of the Board in one case shall create a basis for retroactive adjustment in any other case.
11. A case on which an arbitrator has been given authority to rule shall not be withdrawn except by mutual consent of the parties to this Agreement.
12. The decision of the arbitrators shall be final and binding upon the Board, the Association and the teacher or teachers involved unless the arbitrator's decision is in conflict with the laws of the State of Michigan.
F. If a grievance is not appealed within the jurisdiction time limits set forth in this Article, it shall be deemed to have been settled on the basis of the facility managerlast answer.
G. The following process will apply if not prohibited by law. Any disciplinary letter submitted into file will be subject to removal/review process by a review committee after one calendar year. It is the bargaining unit member's responsibility to request the review process to remove a disciplinary letter. A committee composed of the Association president, the grievant affected bargaining member, superintendent, and building principal will meet to discuss the disciplinary letter. The decision for removing a disciplinary letter from a file must be agreed upon by a majority of the committee. An appeal may file the Step I grievance be made at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveBoard level.
Appears in 2 contracts
Samples: Employment Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any
A. Definition (Full-Time and Part-Time) A grievance is any claim by the Union or an employee, or a group of employees, employee that there has been misinterpretation a violation, misrepresentation, or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement Agreement.
B. Procedures (Full-Time and Part-Time) The parties agree that it is usually most desirable for an employee and his or School Board Policy shall be her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a Union Representative may accompany the employee to assist in the informal or formal resolution of the grievance. If the grievance involves any of informal process fails to satisfy the rights granted to employee or the Union, the a grievance may be filed by processed using the following steps:
Step 1 The employee or the Union directly may present a grievance in writing to Step IIthe immediately involved supervisor, or to the person who has the authority to adjust the issue of the grievance, within ten (10) working days following the end of the informal process or within twenty (20) working days following the date of the act or omission giving rise to the grievance or following the date on which the employee knew or, in the exercise of reasonable diligence if that date is later, should have known of such act of omission. The Supervisor will arrange for a meeting of the affected parties within six (6) working days after receipt of the grievance. The Supervisor shall provide a written response to the grievant within ten (10) working days after the meeting. The response shall include a reason for the decision.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost Step 2 If the grievance is not resolved to the Board, to be present for all meetings, hearings, appeals, satisfaction of the employee or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentat Step 1, then the Union may refer the grievance to the College President or his or her official designee within ten (10) working days after receipt of the response in Step 1. If an employee desires The College President or his or her designee shall arrange with the Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis Representative for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, meeting to take place within ten (10) working days of the alleged violation or within College President's receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counsel as each party deems necessary. Within ten (10) working days following of the time when meeting, the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion Union shall be consistent provided with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days written response from the date of College President or his or her designee, including the informal conference specified abovereasons for the decision. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveStep
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 21 The affected employee(s) must sign the Grievance Initiation Form. The County recognizes the 22 right of an employee to file a grievance, and will not discriminate against any employee for 23 having exercised their rights under this section.
24 (1) APPLICATION The grievance procedure shall not be used to change existing 25 wage schedules, hours of work, working conditions, fringe benefits and position 26 classifications established by an employeeordinances and rules which are matters processed 27 under existing procedures. Only matters involving the interpretation, application 28 or a group enforcement of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall constitute a grievance.
29 (2) REPRESENTATIVES An employee may be represented at all steps in the 30 procedure by not more than two representatives including the staff 31 representative. Council representation shall be limited at all steps of the 32 procedure to those persons officially identified as representatives of the Council.
1 The Council shall maintain on file with the Department of Labor Relations a grievance2 current list of officers and stewards.
3 (3) TIME OF HANDLING Whenever possible, grievances will be handled after the 4 regularly scheduled working hours of the parties involved. The County agrees to 5 provide at least 24-hour written notice of the time and place of the hearing to the 6 grievant and the Council.
7 (4) TIME LIMITATIONS If it is impossible to comply with the time limits 8 specified in the procedure because of work schedules, illness, vacations, etc., 9 these limits may be extended by mutual consent in writing (extension of 10 grievance time limit form #4894). If any extension is not agreed upon by the 11 parties within the time limits herein provided, or a reply to the grievance involves any of the rights granted to the Unionis not 12 received within time limits provided herein, the grievance may be filed by the Union appealed 13 directly to Step IIthe next step of the procedure. Failure on the part of the Council to 14 appeal a grievance to the next step of the procedure pursuant to the time limits 15 outlined in the procedure shall cause the grievance to be settled.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five 16 (5) working days from SETTLEMENT OF GRIEVANCES Any grievance shall be considered settled 17 at the date completion of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedureprocedure if all parties concerned are 18 mutually satisfied. Appeals Dissatisfaction is implied in recourse from one step to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines19 next.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct 20 (6) FORMS There are 2 separate forms used in processing a Step I hearing within five grievance:
21 (5a) work days of the receipt of the formal grievance. The facility manager will then have fiveGrievance Initiation Form;
Appears in 2 contracts
GRIEVANCE PROCEDURE. 4.1 Any claim by an Should differences arise between NOPFMI, the Council and/or any regular full-time employee, or who has completed his introductory period, over whether a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement has been violated, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy following procedure shall be a grievancefollowed:
Step 1. The employee may take the matter to his supervisor on an informal basis, in order to settle the matter promptly.
Step 2. If the grievance involves any of is not satisfactorily settled in STEP 1, an aggrieved employee then may have the rights granted to Council assist him, if he so desires, in a meeting with his supervisor and NOPFMI’s Department Head.
Step 3. If the Uniongrievance is not satisfactorily settled in STEPS 1 or 2, the grievance may be filed by aggrieved employee or the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representativeCouncil shall, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working calendar days from the date on which occurred the incident which gave rise to the grievance, file a written grievance with the Director of Human Resources. The written grievance shall set forth the facts giving rise to the grievance, including the date and persons involved, and designate the specific provisions of the informal conference specified aboveAgreement which allegedly have been violated and no others may, thereafter, be relied upon. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a Failure to file such written grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working calendar days following from the disposition event which gave rise to the grievance or, in the event of disciplinary action, from the date on which disciplinary action is taken by NOPFMI, shall result in such grievance being presumed to be without merit, and it shall be barred from further consideration. Disciplinary action is “taken” by any of the grievance or the expiration following means: Upon person to person verbal communication of the disposition timelines.
Step I A formal written grievance must be filed action to the employee; by leaving verbal notice of the action on the specified grievance form employee’s voice mail or directly through telephone contact; by depositing in the U.S. mail and submitted to copying the facility manager. In the event the remedy sought is not within the jurisdiction employee’s union representative with notice of the facility manageraction; or, by any electronic means of messaging. Time shall be considered of the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within essence in satisfying this five (5) work calendar day filing requirement and all other time deadlines in this Article and the theory of a “continuing violation” will not be argued to or accepted by any trier of fact. The representative or representatives of NOPFMI will confer with the Council representative within seven (7) calendar days after receipt of such written grievance. If not settled at this conference, NOPFMI shall issue a decision in writing on any such written grievance within seven (7) calendar days from the time such grievance meeting is adjourned. The failure of NOPFMI to issue a decision in writing results in the grievance being denied at the end of the receipt of the formal grievance. The facility manager will then have fiveseven (7) calendar day period.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 (a) Any claim by an employee, grievance or a group of employees, that there has been misinterpretation dispute which may arise between the parties with respect to the applicable meaning or misapplication of any provision interpretation of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievancesettled in the following manner: the employee or employees involved within fifteen (15) working days obits occurrence. If If, at that time, the grievance involves any Association is unaware of the rights granted to the Uniongrievance, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) it shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager taken up within fifteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1015) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained his/her knowledge of its occurrence. Any adjustment reached in The Supervisor shall then attempt to adjust the informal discussion matter, and shall be consistent with respond to the terms of this AgreementAssociation within five (5) working days. If, after informal discussion with the facility manager, The Association shall receive a written response to a grievance existsat Step 1, if the grievance is submitted in writing on the appropriate form. Association to the Superintendent's designee within seven (7) working days after the Supervisor's response is due. The Superintendent's designee shall respond to the Association, in writing, within five (5) working days. found to be unsatisfactory, the grievant(sAssociation may petition the Board of Education to review the decision of the Superintendent or his/her designee in Executive Session within two (2) must initiate calendar weeks. The Board of Education shall respond, in writing, to the following formal grievance procedure Association within five (5) working days from after the date review of the informal conference specified above. When requested by grievance.
(a) If the employeegrievance is still unsettled, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed Association may, within five fifteen (515) working days following after the disposition reply of the grievance or Board of Education is due, by written notice to the expiration of the disposition timelinesBoard, indicate its intention to arbitrate.
Step I A formal written (b) Failure to respond within the indicated time limits shall allow an appeal as if a denial had been made the last day possible.
(c) Nothing in this grievance must be filed on procedure shall prevent any employee from initiating and processing a grievance, but only the specified grievance form and submitted to the facility managerAssociation can request arbitration. In the event an employee initiates a grievance, the remedy sought is not within Association shall be given the jurisdiction opportunity to participate in all proceedings.
(d) When an employee has a grievance pending, filed by the Association, no representative of the facility managerDistrict shall discuss the grievance or related conditions of employment with that employee, unless a representative of the Association shall be present.
(e) The cost of the arbitrator shall be shared by the parties.
(f) Whenever the Association initiates a grievance on its own behalf, the grievant may file the grievance procedure shall commence at Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available 2 on the District website. The facility manager will schedule and conduct a Step I hearing within five (page 5) work days of the receipt of the formal grievance. The facility manager will then have five.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeHaving a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application, or alleged violation of a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy Agreement. A grievance shall be a grievance. If the grievance involves any of the condition, which causes an employee to feel that his/her rights granted to the Unionunder this agreement have been violated, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) and shall be allowed to appoint a Union representative, at no cost to resolved in the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any following manner:
Step 1. Any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance taken up with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, immediate supervisor within ten (10) 10 working days of the alleged violation or occurrence of the grievable event. If an attempt at informal (oral) resolution of the grievance is not successful, a written grievance may be presented to the immediate supervisor within ten (10) 10 working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion meeting. The immediate supervisor shall be consistent have five working days after receiving the grievance to set up or schedule a meeting with the terms of this Agreementgrievant to discuss the matter. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) The immediate supervisor will have 10 working days from the date of such meeting to respond in writing to the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesgrievant.
Step I A formal written 2. If the grievance must is not resolved at Step 1, it may be filed on the specified grievance form and submitted presented to the facility manager. In the event the remedy sought is not Warden or his/her designee within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work 10 working days of the receipt of the formal grievanceStep 1 response. The facility manager will then Warden or his/her designee shall have fivefive working days to set up or schedule a meeting with the grievant to discuss the matter. The Warden or his/her designee shall have 10 working days to respond to the grievance in writing after the date of such meeting.
Step 3. If the grievance is not resolved at Step 2, it may be presented to the Director of the Department of Corrections or his/her designee within 10 working days of the receipt of the Step 2 response. The Director or his/her designee shall have 10 working days to respond to the grievance in writing.
Step 4. Should the aggrieved employee and the Federation consider the decision of the Director unsatisfactory, the Federation shall, within 15 working days of receipt of such decision, notify the Director and the Chief of the State Office of Labor Relations of its decision to take the grievance to final and binding arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 A. Any claim by an employeeTeacher, group of Teachers, or a group of employeesthe Association, believing that there has been misinterpretation or misapplication a violation of any provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement, hoursmay file a Grievance. The Association may, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any on behalf of the rights granted to bargaining unit, file classification-wide Grievances as an entity; provided, however, that at the Union, the grievance may be time such Grievance is filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, an actual complaint or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If controversy exists between an employee desires Union representation, or group of employees and the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In District concerning the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms application of this Agreement. IfSuch Association Grievances may be initiated at the third step of the Grievance Procedure. The following matters shall not be the basis of any Grievance filed under the procedures outlined in this Article:
1. The offer or withdrawal of extra-duty assignments from year to year.
2. Discharge or demotion under the provision of the Michigan Teachers’ Tenure Act.
3. Any prohibited or illegal bargaining subject.
4. All other non-grievable items specifically referred to in this Agreement.
B. A formal Grievance shall conform to the following standard format:
1. A specific action, after informal discussion with or activity, or absence of action or activity shall be charged by the facility managergrieving party(ies).
2. The Grievance shall cite the paragraph(s) or sub-paragraph(s) of this Agreement alleged to have been violated.
3. A brief synopsis of background facts giving rise to the Grievance shall be provided.
4. The date(s) and place(s) of the alleged action(s) or activity(ies) shall be specified.
5. A specific relief shall be requested by the grieving party(ies).
6. The Grievance shall be signed by the aggrieved Teacher(s) and/or by the local designated Association representative in the case of an Association Grievance.
C. The Association agrees to appoint a Grievance Committee to process Grievances. GCM’s (Grievance Committee Members) shall have the prerogative of conducting Association business relative to Grievances during all time not designated as student contact time, as long as the student contact time of other Teachers is not infringed upon. The Grievance Committee Chairperson shall process each step of a Grievance as defined in paragraph F of this Article. The Grievance Committee Chairperson shall have the prerogative of using all time not designated as student contact time for the conduct of Association business relative to Grievances and contract administration. The Association shall reimburse the District on a current basis those sums paid to the Office of Retirement Service for Association release time, unless an administrator requests the involvement of the Association representative during this time.
D. The Board designates as its representatives for the purpose of contract administration and the processing of all Grievances the following:
1. The Building Principal in each building for Steps One and Two.
2. The Superintendent for Step Three.
E. All reference to days in this Article shall mean teacher work days, excluding all Saturdays, Sundays, legal holidays, and other days when school is not in session during the school year. If a grievance existsis in process or extends into the summer vacation period (beginning the day after the last teacher work day of the school year and ending the day before the first teacher work day of the following school year), the grievant(scountable days shall be Monday through Friday.
F. A Teacher shall have thirty (30) must working days after the occurrence of any action or activity, or thirty (30) working days after it was known or should have been known that an activity or action may have violated this Agreement to initiate a Grievance. Step One - Discussion - When the following formal grievance Teacher believes there has been a violation of this Agreement, the Teacher, Supervisor, and a GCM, if requested by the Teacher, shall discuss the problem orally. The Supervisor shall give an oral or written response to the Teacher within three (3) working days. If the response is unsatisfactory to the Teacher or the Supervisor fails to respond in the specified time, Step Two of the Grievance procedure may be invoked. Step Two - Presentation to Immediate Supervisor - The Grievance Committee Chairperson or designee shall reduce the Grievance to writing and present it to the Teacher’s immediate Supervisor within thirty (30) working days. The Association may use an additional thirty (30) days if it deems it necessary. The Supervisor shall answer the written Grievance, in writing, within five (5) working days from to the date grievant, the Superintendent, and the GCM. If an agreement is reached in this step, the GCM, or designee, and Supervisor shall sign all copies of the informal conference specified abovesettlement accordingly. When requested One (1) copy of the agreement shall be retained by the employeeSupervisor and the GCM, respectively, and a Union representative may copy shall be present. The aggrieved may withdraw a grievance at any step filed in the adopted procedureSuperintendent’s office. Appeals Step Three - Presentation to Step I and Step II must be filed Superintendent - If the response in the first two steps of this procedure is not satisfactory to the Teacher, then the Grievance Committee Chairperson, accompanied by the Building AR, if desired, may present the Grievance to the Superintendent within five (5) working days. If a Grievance concerns two (2) or more buildings, the Grievance Committee Chairperson may present the Grievance within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerSuperintendent, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing who shall answer in writing within five (5) work days working days. If an agreement is reached in this step, the Chairman of the receipt Grievance Committee and the Superintendent shall sign all copies of the formal grievancesettlement accordingly. The facility manager Copies of the Grievance will then have be retained by the Association and the Board. Step Four - Presentation to the Board - If the Grievance is not settled in Step Three within five
Appears in 2 contracts
Samples: Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. 4.1 Any
A. Definition: A grievance shall be defined as a claim by an employee, or a group of employees, that there has been misinterpretation or recognized employee organization of an alleged violation, misinterpretation, or misapplication of any provision employer-employee relations resolution, any memorandum of this understanding with an employee association, or any written agreement City ordinances, rules, regulations, policies or School Board Policy that affects educational support personnel's procedures relating to wages, hours, or other terms and conditions of employment which is inconsistent with employment, excluding disciplinary matters that are applicable an the terms employee.
B. Basic Rules:
1. Any employee, employee group or recognized employee organization may file a grievance without fear of this Agreement reprisal.
2. The grievant must specify the relief sought.
3. The grievant or School Board Policy his/her representative shall be granted reasonable use of City time and facilities in the processing of his/her grievance after it has been submitted.
4. Time limits may be extended by mutual consent, in writing.
5. Failure by a grievant to file any statements or appeals within the specified time limits, unless extended, constitutes an abandonment of the grievance.
6. The City designee responsible for the scheduling of meetings and conferences shall give timely, written notices of such meetings and conferences to all parties concerned.
7. Two or more employees with a common grievance may initiate a single proceeding, but one member shall be designated for processing the grievance.
8. At any stage of the grievance procedure from Department Head and above, employees may be represented by one agent of their recognized employee organization.
9. At any stage of the grievance, the employee may withdraw the grievance by giving written notice to the Department Head or the City Manager, provided that if the employee has chosen to be represented by an Agent said Agent shall also concur, which shall then become a permanent part of the Personnel Department’s records.
10. If the employee considers the answer to his/her grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetingssatisfactory, hearings, appeals, or other proceedings relative to any grievance which has been formally presented then the matter will be closed and no employee may be required to discuss any grievance if the Union representative is not presentresolution documented in the Personnel Department’s records. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In subsequently desires to reopen the event that an employee believes there is a basis for a grievance grievance, he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate it at the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition beginning of the grievance or procedure.
11. Filing of a grievance shall in no way interfere with the expiration right of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted City to proceed in carrying out its management responsibilities subject to the facility manager. In the event the remedy sought is not within the jurisdiction final determination of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveXxxxxxxx (s) shall continue to perform all duties and assignments pending final determination, unless unsafe conditions exist.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 4.1 A grievance shall be defined as an alleged misapplication, misinterpretation, or violation of the express written provisions of this Agreement. Any claim grievance filed by an employeeemployee alleging disciplinary action or discharge, or a group of employeeswhich has not been for just cause, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by at the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to third step of the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentGrievance Procedure. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for grievance, which involves more than one teacher arising out of similar facts and circumstances, it may be submitted as a group grievance by the affected parties. The teachers shall sign the grievance form. If either party fails to meet a deadline on any step of the grievance procedure, that party is considered to have forfeited. Deadlines may be extended only upon the mutual agreement of both parties. The employee(s) and/or the Association representative may take up a grievance or dispute with the employees’ principal within five (5) working days of the date of the occurrence or of the date the employee(s) could first have had knowledge of the occurrence. The principal and the employee(s) and/or the Association representative shall make every possible effort to resolve the matter in a mutually satisfactory manner. The principal shall advance the grievance to Step III of the Grievance Procedure immediately if the grievance is a matter over which he/she has no control or jurisdiction. In the event the grievance is not satisfactorily resolved in Step I within five (5) working days, the employee(s) and/or Association representative shall reduce the grievance to writing on the form provided by the Board. The grievant must specify the Section of the Agreement allegedly violated, the manner of the violation, and the special remedy sought. The grievance shall be presented to the principal who shall be required to answer the grievance in writing within five (5) working days. If the grievant is not satisfied with the principal’s answer, he/she shall first discuss complete the next step on the grievance form, stating his/her reason(s) for rejecting the principal’s reply and submit the grievance within five (5) working days, to the office of the Superintendent. When a grievance is of such a nature that it affects teachers in more than one building, the Association President can submit this group grievance to the Superintendent directly at Step III. A group grievance must specify the names of the teachers affected by the alleged misinterpretation, violation, or misapplication. The Superintendent or his/her designee shall reply to the grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation in writing. He/she may merely reply or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent he/she may call for a meeting with the terms of this Agreementprincipal, grievant, and Association representative, unless the employee(s) waive in writing, representation by the Association representative. If, after informal discussion The grievant may request a meeting with the facility manager, a grievance exists, Superintendent if the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesSuperintendent has called no such meeting.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Samples: Master Contract, Master Contract
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1: The purpose of this procedure is to resolve grievances in an orderly manner. A determined effort shall be made to settle any grievances at the lowest possible level in the grievance procedure and during the grievance procedure there shall be no suspension of work or interference with the operations of the Library. Meetings or discussions involving grievances or the procedures set forth hereafter shall not occur on Employer time unless otherwise mutually agreed. References to “days” in this agreement mean calendar days.
Section 2: A Union representativeShop Xxxxxxx and either a Staff Representative or Local President may visit the work location of or speak by an employeetelephone to employees covered by this Agreement at a reasonable time for the purpose of investigating grievances, but without interfering with Library operations.
Section 3: A grievance is defined as only those disputes involving the interpretation, application or alleged violation of a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement. To be valid, hoursgrievances must be submitted to the other Party as soon as possible, but no later than 14 days from the incident leading to the grievance, or terms and conditions from the date the employee could have reasonably known of employment which is inconsistent the incident. Grievances shall be processed in accordance with the terms following procedures within the stated time limits.
STEP 1. An aggrieved employee and/or the Union shall present grievances in writing within fourteen (14) days of this Agreement or School Board Policy their alleged occurrence to their immediate supervisor, who shall be available to meet with the employee and Union xxxxxxx in person, via conference call or other available means, who and who shall attempt to resolve the grievance within fourteen (14) days after receipt of the grievances. Employees may waive Union representation at Step 1 only, in which case the grievance shall end at Step 1. In seeking solutions, immediate supervisors shall coordinate with their Managers. Written notice shall include:
1) A statement/description of the grievance with relevant dates and facts
2) The specific provision(s) of the Agreement allegedly violated
3) Remedy sought
4) Signature and date of the employee grieving. In the case of a group grievance, the group shall be described and at least one named employee from the affected group shall be included. The employee representing the group and the Union Xxxxxxx/Officer shall sign the grievance.
STEP 2. If not satisfied with the solution the Union shall within fourteen (14) days of receipt of the immediate supervisor's solution, submit the original grievance in writing to the Library Director, including reasons for dissatisfaction with the solution. Within fourteen (14) days from receipt of the written grievance, the Library Director or designee shall meet with the employee grieving, the immediate supervisor and manager(s) and a Union representative. The Library Director or designee shall attempt to resolve the grievance as set forth in writing, and shall issue a decision not more than fourteen (14) days after the meeting is adjourned.
STEP 3. If the grievance involves any remains unresolved, it may be submitted by the Union to the Employer's Board of Trustees within fourteen (14) days of receiving the Library Director’s or designee's response. The Board of Trustees shall convene a special meeting for the purpose of hearing the grievance within thirty (30) days of receipt of the rights granted grievance, and shall issue its decision to the Union not more than fourteen (14) days after the meeting is adjourned.
STEP 4. If the grievance has not been resolved to the Union’s satisfaction, the grievance may be filed referred to arbitration. After receipt of the written request for arbitration, the Employer and the Union shall select an impartial party to serve as an arbitrator. If the Union and the Employer are unable to agree on an arbitrator, the arbitrator shall be selected by a process of elimination from a list of five (5) arbitrators furnished by the Union directly to Step IIAmerican Arbitration Association or, if either party prefers, from a list furnished by PERC.
4.2 STEP 5. The grievant(s) grievance shall be allowed scheduled to appoint a Union representative, at no cost be heard in accordance with the arbitrator's schedule. The arbitrator's decision shall include specific findings of fact and shall identify the application and the arbitrator's interpretation of this Agreement as it applies to the Boardissue in dispute. The arbitrator shall confine himself/herself to the precise issues submitted to arbitration and shall have no authority to determine other issues not so submitted. The arbitrator shall have jurisdiction and authority only to rule on interpretation, application or compliance with this Agreement as it may apply to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentissue in dispute. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance heHe/she shall first discuss not add to or detract from or alter in any way the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms provisions of this Agreement. IfThe decision of the arbitrator shall be final, after informal discussion with conclusive and binding upon the facility manager, a grievance existsEmployer, the grievant(s) must initiate Union and the following formal employees involved. The expenses and fees in common to the services of the arbitrator shall be borne equally by the Employer and the Union. Each party shall bear the cost for preparing and presenting its own case including the costs of witnesses.
Section 4: Any and all time limits specified in the grievance procedure within five (5) working days from the date may be waived by written mutual agreement of the informal conference parties. Failure of the employees or the Union to submit the grievances in accordance with these time limits without such waiver shall constitute abandonment of those specific grievances. Failure of the Employer to submit a reply within the specified abovetime limits shall cause the grievance to be automatically moved to the next step. When requested by the employee, a Union representative A grievance may be present. The aggrieved may withdraw a grievance terminated at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition time upon receipt of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available a signed statement from the Union representative and will be available on stating that the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivematter has been resolved.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any A grievance shall be any claim by an employee, or a group of employees, employees that there a specified provision of the Agreement has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which violated. Time limits are days when the District Office is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceofficially open for business. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event parties acknowledge that an employee believes there may resolve problems through free and informal communications provided the adjustment is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal A grievance shall be processed as follows:
Step 1- The grievant shall attempt to resolve the grievance by oral discussion with his or her immediate supervisor or principal if applicable. Grievances must be filed within fifteen (15) days of the facility manager, act or events that are alleged to violate the contract. Failure to file the grievance within the time limits shall bar the processing of the grievance.
Step 2- If a grievance existssettlement cannot be reached within ten (10) days after the discussion in Step 1, the grievant(sgrievant may present the grievance in writing to the Superintendent, who will arrange for a meeting to take place within ten (10) must initiate the following formal grievance procedure within five (5) working days from the date after receipt of the informal conference grievance. The grievance must identify the section(s) of the contract that are alleged to have been violated and the events/actions that are alleged to have violated the specified abovesections. When requested by Within ten (10) days of the employeemeeting, the Superintendent shall provide the grievant and Association with a Union representative written decision including reasons for the decisions.
Step 3- If the grievance is not resolved at Step 2, then the grievant may refer the grievance to the Board of Education for a hearing at its next regularly scheduled meeting. Within ten (10) days of the meeting, the Board shall provide the grievant and Association with a written decision including reasons for the decision.
Step 4- If the grievance is not resolved at Step 3, the Association may submit the grievance to final and binding arbitration under the American Arbitration Association rules and procedures. The parties shall share arbitrator fees and expenses equally. Time limits may be presentextended by mutual agreement. The aggrieved An employee may withdraw a grievance be represented by an Association representative at any step in the adopted procedure, including informal communication. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the A grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivewithdrawn at any step.
Appears in 2 contracts
Samples: Basic Agreement, Basic Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. A grievance is an unsettled complaint by an employeea teacher, group of teachers, or a group of employees, the Union alleging that there has been a violation, misinterpretation or misapplication of any provision of this written agreement Agreement or School any existing rule, order or regulation of the Board Policy that affects educational support personnel's relating to wages, hours, hours or terms and conditions of employment employment.
1. The grievance procedure shall not apply to any matter which is inconsistent with prescribed by law or state regulations over which the terms Board is without power to act. Any dispute involving a prohibited subject of bargaining is excluded from the grievance procedure and not within the authority of an arbitrator.
2. No dispute over the modification of this Agreement or School Board Policy shall be made the subject of a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present3. If an employee desires Union representationelects to process a discharge through the Tenure Commission, the such employee shall be responsible stopped from access to the grievance procedure for requesting such representation. Additional representation will be by mutual agreementdischarge.
4.3 In 4. A grievance must be filed within nine months following the event that an employee believes there incident giving rise to the grievance.
B. If the Building Liaison Board and the District-Wide Liaison Board are unable to resolve the issue within twenty (20) school days or 4 calendar weeks, whichever is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complexearlier, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working school days following or 1 calendar week, whichever is earlier, on the form set forth in Schedule C, annexed hereto, and signed by the grievant and Union representative, which form shall be made available to each Building Representative. A copy of the grievance form shall be delivered to the principal or supervisor. (See Article II, Section 4, Part a. page 2)
C. If a grievance involves more than one school building, it may be filed with the Superintendent or a representative designated by the Superintendent.
D. Within three (3) school days or three (3) calendar weeks, whichever is earlier, after receipt of the grievance, the principal or supervisor shall meet with the Union Grievance Committee in an effort to resolve the grievance. The principal or supervisor shall indicate his/her disposition of the grievance in writing and the supporting reasons therefore, within three (3) days of such meeting and shall furnish a copy thereof to the Union.
E. Within twenty (20) school days or four (4) calendar weeks, whichever is earlier, after the expiration delivery of the disposition timelinesdecision, the grievance may be appealed to the Superintendent.
Step I A formal written grievance must be filed F. Within ten (10) school days or three (3) calendar weeks, whichever is earlier, after delivery of the decision, the Superintendent or his designee shall meet with the Union Grievance Committee on the specified grievance form and submitted shall indicate his disposition of the grievance in writing, along with the reasons there- fore, and shall furnish a copy thereof to the facility manager. In the event the remedy sought is not within the jurisdiction Union.
G. Within ten (10) school days after delivery of the facility managerdecision of the Superintendent or his designee, the grievant may file the Step I grievance at the lowest level at which the relief may be grantedappealed to the Board of Education by filing a written copy of the grievance accompanied by copies of previous decisions, with the Secretary or other designee of the Board.
H. The Board, no later than its next regular meeting, or two (2) calendar weeks, whichever is later, shall hold a hearing on the grievance. Such form will At such hearing, the aggrieved shall have the right to be available from represented by Union Counsel. Participants in this hearing including witnesses shall be given at least three (3) days notice of the hearing.
I. Within seven (7) days after this hearing, the Board shall communicate its decision in writing, together with supporting reasons, to the principal, the Superintendent, the Union, Counsel for the Union representative (if any) and will be available on to the District website. The facility manager will schedule and conduct a Step I hearing within five aggrieved.
J. Within ten (510) work days of the after receipt of the formal grievance. The facility manager will then have fivedecision of the Board, the Union may appeal the decision to binding arbitration under the auspices and rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeShould any dispute arise between the Company and the Employees or the Company and the Association as to the interpretation, application or a group of employees, that there has been misinterpretation or misapplication alleged violation of any provision of the provisions of this written agreement Agreement, an xxxxxxx effort shall be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a “working day” shall be defined as a company day of operation i.e. Monday through Saturday exclusive of statutory holidays. Timelines within the grievance procedure must be adhered unless extensions are mutually agreed to between the two parties. The grievance shall be considered abandoned unless the parties have mutually agreed to the extension. Management and the employee are responsible to ensure that the grievance procedure moves forward. Should responses not occur within the timeframes, the employee and/or the Association Representative can seek assistance from the Human Resource Manager.
Step 1 Within three (3) days of the occurrence of the difference, the employee with or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent without an Association Representative shall discuss the difference with the terms of immediate supervisor. If an Association Representative is unavailable, any fellow employee may represent the employee at this Agreement or School Board Policy shall be a grievancestage in the procedure. If the grievance involves any matter is not resolved within three (3) working days, proceed to the next step. Present your problem in writing on a Grievance form to your Supervisor and forward a copy of the rights granted grievance to your Human Resources Manager. If an Association Representative is unavailable, any fellow employee may represent the employee at this stage in the procedure. If the matter is not resolved within three (3) working days, proceed to the Unionnext step. Note: In certain work areas, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee additional steps involving additional levels of management may be required before you reach Step 3. The time limit for resolving each of any additional step(s) is three (3) working days. Present the Grievance form to discuss any grievance if the Union representative is not presentManager. If an Association Representative is unavailable, any fellow employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), may represent you at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached this stage in the informal discussion shall be consistent with procedure. If the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within matter is not resolved in five (5) working days from days, the date of the informal conference specified aboveemployee may proceed to Arbitration.
1. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II Grievances must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not Arbitrator within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five fifteen (515) work days of the receipt completion of Step 3 of the formal grievanceGrievance Procedure.
2. Each grievance will be heard by a single independent Arbitrator.
3. The facility manager single Arbitrator will then have fivebe chosen from the following list: Xxxxx Xxxxx Xxxxx XxXxxxxxxx Xxxx Xxxxxx.
4. The appointed Arbitrator can only apply the agreement, they cannot add/amend anything in the agreement.
5. During Arbitration, you may be accompanied by and represented by an Association Representative, if one is unavailable, any fellow employee.
6. The Company will pay the Arbitrator’s expenses.
7. The Arbitrator’s decision shall be final and binding.
Appears in 2 contracts
Samples: Wage and Working Agreement, Wage and Working Agreement
GRIEVANCE PROCEDURE. 4.1 Any A grievance shall be any claim by an employee, or a group of employees, employees that there a specified provision of the Agreement has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which violated. Time limits are days when the District Office is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceofficially open for business. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event parties acknowledge that an employee believes there may resolve problems through free and informal communications provided the adjustment is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal A grievance shall be processed as follows:
Step 1- The grievant shall attempt to resolve the grievance by oral discussion with his or her immediate supervisor or principal if applicable. Grievances must be filed within fifteen (15) days of the facility manager, a act or events that are alleged to violate the contract. Failure to file the grievance existswithin the time limits shall bar the processing of the grievance. Within ten (10) business days of the meeting, the grievant(simmediate supervisor or principal shall provide the grievant and Association with a written decision including reasons for the decision.
Step 2- If a settlement cannot be reached within ten (10) must initiate days after the following formal discussion in Step 1, the grievant may present the grievance procedure in writing to the Superintendent, who will arrange for a meeting to take place within five ten (510) working days from the date after receipt of the informal conference grievance. The grievance must identify the section(s) of the contract that are alleged to have been violated and the events/actions that are alleged to have violated the specified abovesections. When requested by Within ten (10) days of the employeemeeting, the Superintendent shall provide the grievant and Association with a Union representative written decision including reasons for the decisions.
Step 3- If the grievance is not resolved at Step 2, then the grievant may refer the grievance to the Board of Education for a hearing at its next regularly scheduled meeting. Within ten (10) days of the meeting, the Board shall provide the grievant and Association with a written decision including reasons for the decision.
Step 4- If the grievance is not resolved at Step 3, the Association may submit the grievance to final and binding arbitration under the American Arbitration Association rules and procedures. The parties shall share arbitrator fees and expenses equally. Time limits may be presentextended by mutual agreement. The aggrieved An employee may withdraw a grievance be represented by an Association representative at any step in the adopted procedure, including informal communication. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the A grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivewithdrawn at any step.
Appears in 2 contracts
Samples: Basic Agreement, Basic Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A grievance is defined as an employee, alleged violation of a specific Article or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms Section of this Agreement or School Board Policy any matter relative to rate of pay, salaries, hours of employment, and other conditions of employment concerning health, safety, and general welfare as set forth in this Agreement. A building or district school improvement committee decision, which violates this collective bargaining agreement, is also subject to the grievance procedure. If any such grievance arises, there shall be a no stoppage or suspension of work because of such grievance. If the grievance involves any of the rights granted to the Union, the but such grievance may be filed by submitted according to the Union directly to Step IIgrievance procedure herein.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 B. In the event that an employee a teacher or the Association believes there is a basis for a grievance he/she grievance, the grievant shall within five (5) school days of the distressing issue first discuss the alleged grievance violation with the facility manager (Within principal or supervisor either personally or accompanied by his/her Association representative.
C. If, as a result of the Superintendent's Complexinformal discussion with the principal or supervisor, a department constitutes a facility.)grievance still exists, at which the grievant may after five (5) school days and no later than ten (10) school days of the oral initiation invoke the formal grievance procedure through the Association, using the proper forms, signed by the grievant and a representative of the Association. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one (1) school building, it may be presentfiled with the Assistant Superintendent for Human Resources.
D. Within five (5) school days of receipt of the grievance, the principal or supervisor shall indicate his/her disposition of the grievance in writing to the grievant and to the Association representative.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of receipt by the principal or supervisor, the grievance shall be transmitted within five (5) school days to the Assistant Superintendent for Human Resources. Within ten (10) school days the Assistant Superintendent for Human Resources shall meet with up to two (2) representatives of the Association on the grievance and shall indicate his or her disposition of the grievance in writing within ten (10) working school days of such meeting, and shall furnish a copy thereof to the alleged violation Association. If the Assistant Superintendent for Human Resources is not available, the grievance may be filed with his/her designated representative.
F. If the Association is not satisfied with the disposition of the grievance by the Assistant Superintendent for Human Resources or if no disposition has been made within ten (10) working school days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(ssuch meeting or twenty (20) must initiate the following formal grievance procedure within five (5) working school days from the date of filing, whichever shall be later, the informal conference specified above. When requested grievance shall be transmitted within twenty (20) school days to the American Arbitration Association.
G. Such appeal shall be in writing and shall be delivered to the American Arbitration Association and the Board of Education within said twenty (20) school day period, and if not so delivered, the grievance shall be abandoned.
H. The fees and expenses of the arbitrator shall be shared equally by the employee, a Union representative two (2) parties.
I. The time limits provided in this Article shall be strictly observed but may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition extended by written agreement of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerparties. In the event a grievance is filed after May
J. Notwithstanding the remedy sought is not within the jurisdiction expiration of the facility managerthis Agreement, the grievant may file the Step I any claim or grievance at the lowest level at which the relief arising thereunder may be granted. Such form will be available from processed through the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivegrievance procedure until resolution.
Appears in 2 contracts
Samples: Teacher's Master Agreement, Teacher's Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any A. A “grievance” is a claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wagesa violation, hoursmisinterpretation, or terms inequitable application of the specific and conditions of employment which is inconsistent with the expressed terms of this Agreement the Agreement. The Xxxxxxxx-Xxxxxxxx ESP and employees agree not to process a grievance in which the same or School Board Policy shall be a grievance. If the grievance involves any of the rights granted similar issue is being processed to the UnionMichigan Employment Relations Commission, the grievance may be filed by Equal Employment Opportunity Commission, the Union directly to Step IIFair Employment Practices Commission or any other judicial or quasi-judicial body.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 B. In the event that an employee a member believes there is a basis for a grievance grievance, he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complexhis/her Building Principal, either personally or accompanied by his/her Association Representative.
C. If, as a department constitutes a facility.), at which a representative may be present, within ten (10) working days result of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, Building Principal a grievance still exists, he/she may invoke the formal Grievance Procedure through the Association on the designated form, signed by the grievant and a representative of the Association the grievance form shall be available from the Association Representative in each building. A copy of the grievance form shall be delivered to the Principal. If the grievance involves more than one [1] school building, it may be filed with the Superintendent, or a representative designated by him.
D. The grievance must be filed in writing within seven [7] days of the date in which the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date would reasonably have obtained knowledge of the informal conference specified abovealleged violation. The principal shall then meet with the Association in an effort to resolve the grievance within seven [7] days. The Principal shall indicate his/her disposition of the grievance in writing within seven [7] days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within seven [7] days of such meeting, the grievance shall be transmitted to the Superintendent. Within seven [7] days, the Superintendent or his/her designee shall meet with the Association on the grievance and shall indicate his/her disposition of the grievance in writing within seven [7] days of such meeting, and shall furnish a copy thereof to the Association. When requested by “days” are used in paragraphs D and E above, it shall exclude Saturdays, Sundays and holidays.
F. If the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following Association is not satisfied with the disposition of the grievance by the Superintendent or his/her designee, or if no disposition has been made within ten [10] calendar days of such meeting, the expiration grievance may be submitted to arbitration within ten [10] calendar days of such answer or when such answer was to be given. Neither party shall be permitted to insert any issues into the Arbitration process that have not been brought forth during the Grievance Procedure.
G. The Arbitrator must be a person mutually selected and agreeable, but if none is so selected and agreeable, he/she shall be selected by the parties from a list of fifteen [15] names furnished in accordance with the rules of the disposition timelines.
Step I A formal written grievance must American Arbitration Association [AAA]. Either by mutual agreement or from which list each party shall be filed on permitted to strike alternately seven [7] names, with the specified grievance form requesting party striking first, and submitted to remaining Arbitrator shall thereupon be accepted. Upon receipt of the facility managerlist of fifteen [15] names, the parties will no later than ten [10] days after said receipt select an arbitrator as described above. In the event one party refuses to participate in the remedy sought is not within the jurisdiction of the facility managerselection process, the grievant other party may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available submit its seven [7] deletions from the Union representative list to AAA and AAA will be available on select the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of Arbitrator from the receipt of the formal grievance. The facility manager will then have fiveremaining names.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to issues that may arise. All grievances shall be processed as provided herein.
B. A grievance shall mean an allegation by an employee, or a group of employeesemployees with the same grievance, or the Association, that there has been misinterpretation or misapplication a violation of any provision of the provisions of this written agreement or School Board Policy Agreement. If any District policy provides for redress, such redress shall be processed according to this grievance procedure.
C. The District and the Association agree that affects educational support personnel's wagesthese proceedings and all information relating to a grievance will be kept informal and confidential.
D. Since it is important that grievances be processed as rapidly as possible, hours, or terms and conditions the number of employment which is inconsistent with the terms of this Agreement or School Board Policy days indicated at each level shall be a maximum, and every effort shall be made to proceed as quickly as possible.
1. The aggrieved, or the Association, must file a written grievance within ten (10) school days of the act or discovery of the act that caused the grievance.
2. If the grievance involves any aggrieved is not satisfied with the disposition of the rights granted to the Uniongrievance, the grievance aggrieved may be filed by appeal the Union directly decision to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Level Two within ten (10) working days of receipt of the alleged violation decision by filing said appeal with the Office of Employee Relations.
3. The time limits specified will be extended or shortened if mutually agreed to in writing by the parties to the grievance.
4. Monday through Friday will constitute school days in counting minimum and maximum days when a grievance is not resolved before the end of the school year.
5. Grievance shall be filed at Level 1 if the remedy sought is within the authority of the immediate supervisor. If it is a remedy in which the supervisor has no authority, it shall be filed at Level 2.
6. Failure to submit the grievance within the time limits specified shall result in waiver of the grievance.
7. If a grievance affects a group of employees at two (2) or more work locations, the Association shall identify the employees and work locations and submit such information, in writing, to the Office of Employee Relations.
E. All grievances and appeals of such must be filed on forms provided by the District. A copy of the grievance shall be provided to the principal and/or principal’s supervisor, as well as the superintendent.
F. Level One
1. The aggrieved party shall submit the grievance in writing to the employee's immediate supervisor. Within five (5) workdays following receipt of the grievance, a meeting shall take place between the employee's immediate supervisor and the employee to discuss the grievance. An Association representative may attend provided prior arrangement has been made through the Office of Employee Relations. Within ten (10) workdays following such meeting, the immediate supervisor shall give the aggrieved party a written response to the grievance.
2. If the aggrieved is not satisfied with the disposition of the grievance, the aggrieved may appeal the decision to Level 2 within ten (10) working workdays of receipt of the decision by filing said appeal with the Office of Employee Relations.
3. Failure to appeal the grievance within ten (10) workdays after receipt of the response shall result in dismissal of the grievance.
G. Level Two
1. The Superintendent, or designee, shall meet with the aggrieved, and/or a representative of the Association, within fifteen (15) workdays after receipt of the appeal of the Level 1 decision in an effort to resolve said grievance. Parties to the grievance or their representatives shall have the right to submit evidence, give testimony and call witnesses. The Superintendent shall determine the procedures for conducting the meeting. Both parties shall submit a list of witnesses to the person conducting the meeting at least forty-eight (48) hours in advance of the meeting.
2. The Superintendent or designee shall, within ten (10) workdays after such meeting provided above, render the decision in writing to all parties concerned.
3. If the Association and the aggrieved party are not satisfied with the disposition of the grievance, the party may appeal the grievance to Level 3. Failure to appeal the grievance within ten (10) workdays after receipt of the response at Level Two shall result in dismissal of the grievance.
H. Level Three
1. A grievance appealed to this level shall be heard by an Arbitrator who shall be selected as follows:
a. The parties may agree upon an Arbitrator.
b. Alternatively, the parties shall jointly request from the Federal Mediation and Conciliation Service a list of names from which the Arbitrator shall be selected.
c. The parties will strive to mutually agree upon the Arbitrator.
d. If the parties fail to mutually agree upon the Arbitrator, each party will strike one name followed by the other party striking one name until a single name remains and that person shall become the Arbitrator. The party required to strike the first name will be determined by a flip of a coin.
2. The Arbitrator shall schedule the hearing as soon as possible following acceptance of the appointment. The parties agree to make available all pertinent, non-privileged information in their possession or control that is relevant to the issues raised by the grievance.
3. The Arbitrator may establish the rules of procedure and, at the Arbitrator's discretion, may require the parties or witnesses to testify under oath or, upon demand of either party, shall require the parties or witnesses to testify under oath.
4. The Arbitrator's report shall be prepared and submitted in writing only to the District and aggrieved, within thirty (30) calendar days following after the time when first meeting, and shall set forth the employee responsibly should have gained knowledge findings of its occurrencethe fact, rationale, conclusions, and the determination(s) on the issues submitted. Any adjustment reached in the informal discussion The determination shall be consistent with law and with the terms of this Agreement.
5. IfThe Arbitrator shall have no power to alter, after informal discussion amend, add to or subtract from the terms of this Agreement.
6. The determination of the Arbitrator on matters set forth in this Agreement shall be final and binding.
7. The determination of the Arbitrator shall be acted upon within thirty (30) calendar days.
8. The cost of services for the Arbitrator shall be shared equally by the District and the aggrieved.
9. Unless the Association represents the aggrieved party, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing.
I. Neither the District nor members of the Administration shall take reprisals against the aggrieved or any party or Association representative or any participant in the grievance procedure.
J. All written and printed matter dealing with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition processing of the grievance or will be filed separately from the expiration Central Office personnel files of the disposition timelinesparticipant.
Step I A formal written grievance must be filed on the specified grievance form and submitted K. The District agrees to make available to the facility manageraggrieved party and the party's representatives all non-privileged, pertinent information in its possession or control, which is relevant to the issues, raised by the grievance.
L. Leave with pay will be granted to a grievant whose absence from duty is required by the parties to the grievance as part of a grievance meeting. In The Office of Employee Relations shall notify the event the remedy sought is not within the jurisdiction immediate supervisor(s) of the facility manageremployee(s) designated to appear at such meeting.
M. Nothing contained herein shall limit the right of any employee to process a grievance as an individual.
N. To the extent provided by law, the grievant may file parties agree that this procedure shall be the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days exclusive remedy for all allegations of the receipt violations of the formal grievance. The facility manager will then have fivethis contract.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. A grievance is an unsettled complaint by a bargaining unit employee or by the Association in its own behalf, concerning: (1) any alleged violation of this Agreement; (2) any alleged violation of Board Policy or Administrative Rules; (3) any disciplinary action.
B. All grievances shall be handled by the following procedure:
Step 1. The secretary shall first discuss the complaint with the administrator, either individually or accompanied by an employeeAssociation representative, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with in an attempt to resolve the terms of this Agreement or School Board Policy shall be a grievancecomplaint informally.
Step 2. If the complaint is not resolved at Step 1, it shall be reduced to writing whereupon it becomes a grievance, when the secretary invokes the formal grievance involves any procedure through the Association, which shall control the grievance procedure from Step 2 forward. The grievance form shall state the claimed basis for the grievance. The grievance form shall be signed by the secretary (grievant) and the Association representative and presented to the administrator within ten (10) school days following the act or condition which is the basis for the grievance. Within five (5) school days after receiving the written grievance, the administrator shall communicate his decision in writing to the person or persons who presented the grievance, and to the Association if the grievance was presented by the secretary alone.
Step 3. Within ten (10) school days after the delivery of the rights granted to the Unionadministrator’s decision, the grievance may be filed appealed to the Superintendent or his designee, by the Union directly to person or persons who presented the grievance at Step II2, or by the Association if the grievance was presented by the secretary alone and the secretary did not appeal.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentStep 4. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working school days after the delivery of the alleged violation or within Superintendent’s decision, the grievance may be appealed to mediation by the Association only. Upon receipt of this appeal, a date and time for mediation of the grievance with a mediator from the Michigan Employment Relations Commission shall be mutually scheduled by the parties. The recommendation(s) of the mediator for resolution of the grievance, if any, may not be used as evidence in arbitration by either party.
Step 5. Within ten (10) working school days following after the time when conclusion of mediation, the employee responsibly should have gained knowledge of its occurrencegrievance may be appealed to binding arbitration by the Association only. Any adjustment reached in the informal discussion The arbitrator shall be consistent with selected, and the terms of this Agreement. Ifarbitration shall be conducted, after informal discussion with under the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date rules of the informal conference specified aboveAmerican Arbitration Association. When requested The fees and expenses of the arbitrator and of the American Arbitration Association shall be shared equally by the employee, a Union representative may be presentBoard and the Association. The aggrieved may withdraw a grievance Arbitrator’s decision shall be binding.
C. Failure at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or procedure to communicate the expiration decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of the disposition timelinesprocedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified in Step 3, shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar future appeal. Time limits may be extended in any specific instance by mutual agreement in writing.
D. Any party to a grievance shall have the right to representation by legal counsel at Step I A formal written grievance must be filed on the specified grievance form 3 and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerabove; provided, the grievant may file the Step I grievance at the lowest level at which the relief however, that no secretary may be grantedrepresented by counsel for any secretary organization other than the Association. Such form will be available A representative from the Union representative Association may represent association members and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveparticipate at all levels.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A grievance shall be considered to be an employee, or a group alleged violation as to meaning and application of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the specific terms of this Agreement Agreement.
B. The bargaining unit member shall submit any grievance within thirty (30) calendar days of occurrence or School Board Policy knowledge thereof in writing to the Town Manager. Any grievance or appeal not submitted within the time limits mentioned above will be considered waived. The grievance shall contain a statement as to the nature of the allegation, the requested remedy, and the specific provisions violated along with any available documentation. The grievance shall be a grievance. If the grievance involves any signed and dated.
C. The Town Manager or his designee shall, within fifteen (15) days after receipt of the rights granted grievance, offer to meet with the employee and a representative of the Union for the purpose of resolving the dispute. The Town Manager shall submit his decision in writing to the Union, aggrieved party not later than fifteen (15) days from the grievance may be filed by date the Union directly to Step IIhearing occurred.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any D. Any grievance which has been formally presented properly processed through the grievance procedure set forth above and no employee has not been settled at the conclusion thereof may be required appealed to discuss any grievance if arbitration within fifteen (15) days from the Union representative is not present. If an employee desires Union representation, date of the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementwritten decision of the Town Manager.
4.3 E. In the event that an employee believes there is a basis for a grievance he/she shall first discuss is appealed to arbitration as provided in the alleged grievance with foregoing section, the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presentparties may, within ten (10) working days of the alleged violation notice of appeal to arbitration, mutually agree upon a single neutral arbitrator or within ten (10) working days following agree to utilize the time when services of the employee responsibly should have gained knowledge Maine Board of its occurrenceArbitration and Conciliation. Any adjustment reached in In the informal discussion shall be consistent with the terms absence of this Agreement. If, after informal discussion with the facility manager, a grievance existsmutual agreement, the grievant(s) must initiate the following formal grievance procedure Union shall within five (5) working days from submit a written demand for grievance arbitration with the date American Arbitration Association. The arbitration shall be in accordance with the Rules and Regulations of the informal conference specified abovechosen Board or Association.
F. The arbitrator(s) shall be requested to issue a decision within thirty (30) days after the hearing and argument has been declared closed. When requested The arbitration decision shall be final and binding upon the parties, subject to appeal as provided by law. The arbitrator shall have no authority to add to, subtract from or modify this collective bargaining agreement.
G. The expenses of the arbitrator shall be shared equally by the employee, a Union representative Town and the Union.
H. Time limits may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesextended by mutual written agreement.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1. It is mutually understood that the prompt presentation, adjustment, and/or answering of grievances is desirable in the interest of sound relations between the employees and the City. The prompt and fair disposition of grievances involves important obligations and responsibilities, both joint and independent, on the part of the representatives of each party to protect and preserve the Grievance Procedure as an orderly means of resolving grievances. The time limits for processing a grievance will be strictly adhered to and may be expanded only by written, mutual agreement of the parties.
Section 2. A grievance is a dispute or difference between the City and the Union, or between the City and an employee, or a group concerning the interpretation and/or application of employees, that there has been misinterpretation or misapplication of and/or compliance with any provision of this Agreement including all disciplinary action. Oral and written agreement disciplinary warnings may be grieved through Step 3 of the grievance procedure set forth below, but the Mayor’s Step 3 decision is final and may not be arbitrated. However, where a written reprimand is considered when issuing a later suspension, demotion or School Board Policy that affects educational support personnel's wagestermination, hoursthe justifications for the written reprimand may be included in any arbitration of later disciplinary actions based upon it. When any such grievance arises, or terms and conditions of employment which is inconsistent the following procedure shall be observed:
Step 1: A written grievance must be filed with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(sFire Chief within fourteen (14) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, Within fourteen (14) days after informal discussion with the facility managerfiling of the grievance, a grievance existsmeeting will be held among the appropriate management representative, the grievant(saggrieved employee(s), and if the employee(s) must initiate the following formal grievance procedure within five (5) working days from the date so elect(s), a representative of the informal conference specified aboveUnion. When requested by Within fourteen (14) days of this meeting, the employee, management representative shall issue a Union representative may be present. The aggrieved may withdraw a grievance at any step in written answer to the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesgrievance.
Step I A formal written 2: If the grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within satisfactorily settled in Step 1, the jurisdiction aggrieved member and/or the Union may file an appeal with the Mayor of the facility manager, City or the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union Mayor's designated representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five fourteen (514) work days of after the receipt of the formal Step 1 decision. Such appeal shall be in writing, shall include a copy of the original grievance, and shall specify the reason why the aggrieved employee(s) and/or the Union believe(s) that the Step 1 decision is in error. The facility manager will then have fiveMayor or his designated representative shall reply in writing within fourteen (14) days thereafter.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy 1. Step 1 The employee shall be a grievance. If orally present the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or immediate supervisor within ten (10) working days following the time when event or events upon which the grievance is based. If the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached and the immediate supervisor are both in the informal discussion unit, the grievance shall be consistent presented to the next higher level supervisor not included in the unit. If the employee elects to be represented, upon notification to the immediate supervisor, the employee may be assisted by a representative in presenting the grievance. The immediate supervisor shall make whatever investigation deemed necessary and may arrange a meeting with the terms of this Agreementemployee to discuss the grievance and, if possible, resolve it. If, after informal discussion with the facility manager, a grievance existsIn any event, the grievant(s) must initiate supervisor shall give an answer to the following formal grievance procedure employee within five ten (510) working days from following the date oral presentation of the informal conference specified abovegrievance. When If the employee has requested by to be represented, the employeerepresentative shall be given the opportunity to attend the meeting, a Union representative may and shall be presentinformed of the immediate supervisor's decision on the grievance. The aggrieved may withdraw If the employee is not satisfied with the decision of the immediate supervisor, upon indicating the specific areas of disagreement, appeal to Step 2 can be made.
2. Step 2 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 at any step in form, to the adopted procedure. Appeals to Step I and Step II must be filed department head, within five (5) working days following the disposition receipt of the immediate supervisor's decision at Step 1. The Union may file a grievance on an employee’s behalf or on its own by completing the expiration grievance form and submitting it to the department head or Human Resources within five working days of the disposition timelines.
step one decision. If the Union files a grievance on its own, it can start at Step I A formal 2. If the employee has elected to be represented, assistance by the representative can be utilized in appealing the grievance. The written grievance must be filed on contain a complete statement of the specified 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 submitted dated by the employee(s) and/or union representative. The department head and the Director of Human Resources, or their designated representatives, shall attempt to resolve the grievance and shall arrange a meeting (within sixty (60) days of receipt of form) with the employee(s) or the Union and appropriate representative. The individual who considered the grievance at Step 1 will not be in attendance at this meeting. A decision, in writing, shall be given to the facility manager. In the event the remedy sought is not employee within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five ten (510) work working days of following the receipt of the formal grievancewritten appeal or conclusion of the appeal meeting, whichever is later. The facility manager will then have fiveIf the written response is not provided within ten (10) 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 the information has been 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. If the employee is not satisfied with the Step 2 decision upon indicating areas of specific disagreement, appeal of the grievance to Step 3 for resolution may be made.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, 6.1.1 It is mutually agreed that there has been misinterpretation or misapplication of any provision it is the spirit and intent to adjust as quickly as possible grievances arising from the application of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement. In the event of a dispute between any member(s) of the bargaining unit and the Authority, hoursin reference to any condition of employment, or terms and conditions of employment which is inconsistent the following shall be the procedure for adjustment thereof:
Step 1: Any dispute to be recognized as a grievance must first be discussed with the terms of this Agreement or School Board Policy Griever's immediate Supervisor and Union Xxxxxxx. An oral answer shall be a grievance. If provided to the grievance involves any Grievor before the end of the rights granted to the Unionnext workday.
Step 2: Failing a satisfactory settlement at Step 1, the grievance may shall within fifteen (15) days of the arising of such a grievance, be filed by submitted in writing to Management who shall meet with the Union directly to Step II.
4.2 The grievant(sLocal Grievance Committee, consisting of not more than three (3) shall be allowed to appoint a Union representative, at no cost to the Boardmembers, to be present for all meetings, hearings, appeals, or other proceedings relative attempt to any grievance which has been formally presented and no employee may be required to discuss any grievance if resolve the Union representative is not presentgrievance. If an employee desires Union representation, Such meeting shall take place within fifteen (15) days of submission of the employee shall be responsible for requesting such representationgrievance. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance Following discussions with the facility manager (Within the Superintendent's ComplexGrievance Committee, Management shall provide a department constitutes a facility.), at which a representative may be present, written answer within ten (10) working days.
Step 3: If the grievance is not to be considered settled on the basis of the answers provided in Step 2, the grievance shall, by written notice delivered to the Management within fifteen (15) days of the Step 2 answer, be submitted to final and binding arbitration. The notice shall contain the complete grievance, settlement requested, and a list of all clauses by specific number alleged violation or to have been violated. Prior to selecting a mutually acceptable arbitrator, a representative of the Union and the Local Grievance Committee may meet with a representative(s) of Management in a further attempt to solve the grievance. If the parties do not settle the grievance at this meeting, and if the parties cannot agree on the selection of a mutually acceptable arbitrator within ten (10) working days following the time when the employee responsibly should have gained knowledge days, a copy of its occurrence. Any adjustment reached in the informal discussion such notice shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted forwarded to the facility manager. In Ontario Ministry of Labour with a request that the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveMinistry designate an arbitrator.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeA. Definition A grievance shall be defined as a dispute or complaint arising between the Parties hereto concerning the proper application, the interpretation, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms breach of this Agreement. If, after informal discussion with which arise during the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date term of the informal conference specified above. When requested by the employee, a Union representative may be presentAgreement. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals intent of this Article is to Step I and Step II must be filed within five (5) working days following the disposition achieve resolution of the grievance at the lowest possible level in the employee’s chain of command.
B. Time Limits for Waiver of the Grievance Procedure
1. Any step or meeting in the grievance procedure may be waived, in writing, only by mutual agreement in the grievance procedure may be waived, in writing, only by mutual agreement of the parties. Request for a waiver must be received by the responding party prior to the expiration of the disposition timelinestime limits of the Step or meeting to be waived.
2. Time limits may be extended in writing at any step by mutual agreement of the Union Representative and the grievance step’s management designee.
3. Grievances not answered in accordance with the grievance procedure shall be deemed automatically appealed to the next step.
4. Time frames will commence from the date the response is received by certified mail, facsimile, email, in person or communicated by direct phone contact with the party responsible for issuing or accepting the response.
5. Any grievance not appealed from one step to the next in accordance with the time limits set forth in this Article shall be considered settled on the basis of Management’s last answer and not subject to further appeal.
C. Step I One: Immediate Supervisor (Department Manager or Supervisor)
1. Within fifteen (15) work days after an incident has occurred, any employee(s) having a grievance, or the Union Representative/delegate representing the employee, shall file the grievance with the supervisor or the manager who is alleged to have violated the agreement, except as may be permitted otherwise by Section F of this Article.
2. Issues regarding the interpretation of this Agreement shall be addressed directly with the Human Resources Administrator or designee at Step Three.
3. The written grievance shall state the section of the agreement violated explaining the grievance in detail including applicable dates and witnesses or documents and the remedy sought. A formal statement to the effect that the employee “be made whole” is not an adequate statement of the remedy sought. The written grievance must be filed on signed by the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manageremployee or, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from if represented, by the Union representative and will be available on the District websiteRepresentative/delegate.
4. The facility manager will schedule supervisor shall meet with the grievant(s) and conduct a Step I hearing Union representative within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeShould any dispute arise between the Company and the Employees or the Company and the Association as to the interpretation, application or a group of employees, that there has been misinterpretation or misapplication alleged violation of any provision of the provisions of this written agreement Agreement, an xxxxxxx effort shall be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a “working day” shall be defined as a company day of operation i.e. Monday through Saturday exclusive of statutory holidays. Timelines within the grievance procedure must be adhered unless extensions are mutually agreed to between the two parties. The grievance shall be considered abandoned unless the parties have mutually agreed to the extension. Management and the employee are responsible to ensure that the grievance procedure moves forward. Should responses not occur within the timeframes, the employee and/or the Association Representative can seek assistance from the Human Resource Manager.
Step 1 Within three (3) days of the occurrence of the difference, the employee with or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent without an Association Representative shall discuss the difference with the terms of immediate supervisor. If an Association Representative is unavailable, any fellow employee may represent the employee at this Agreement or School Board Policy shall be a grievancestage in the procedure. If the grievance involves any matter is not resolved within three (3) working days, proceed to the next step. Present your problem in writing on a Grievance form to your Supervisor and forward a copy of the rights granted grievance to your Human Resources Manager. If an Association Representative is unavailable, any fellow employee may represent the employee at this stage in the procedure. If the matter is not resolved within three (3) working days, proceed to the Unionnext step. Note: In certain work areas, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee additional steps involving additional levels of management may be required before you reach Step 3. The time limit for resolving each of any additional step(s) is three (3) working days. Present the Grievance form to discuss any grievance if the Union representative is not presentManager. If an Association Representative is unavailable, any fellow employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), may represent you at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached this stage in the informal discussion shall be consistent with procedure. If the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within matter is not resolved in five (5) working days from days, the date of the informal conference specified aboveemployee may proceed to Arbitration.
1. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II Grievances must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not Arbitrator within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five fifteen (515) work days of the receipt completion of Step 3 of the formal grievanceGrievance Procedure.
2. Each grievance will be heard by a single independent Arbitrator.
3. The facility manager single Arbitrator will then have fivebe chosen from the following list: Xxxxx Xxxxx Xxxxx XxXxxxxxxx Xxxx Xxxxxx.
4. The appointed Arbitrator can only apply the agreement; they cannot add/amend anything in the agreement.
5. During Arbitration, you may be accompanied by and represented by an Association Representative, if one is unavailable, any fellow employee.
6. The Company will pay the Arbitrator’s expenses.
7. The Arbitrator’s decision shall be final and binding.
Appears in 2 contracts
Samples: Wage and Working Agreement, Wage and Working Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 8.01 A grievance shall be defined as any difference between the parties to or bound by an employeethis agreement concerning its interpretation, application, administration or a group of employees, that there has been misinterpretation or misapplication of any provision alleged violation of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with agreement.
8.02 No grievance shall be considered except under the terms of this Agreement or School Board Policy the following procedure.
8.03 All grievances submitted in writing shall be in a grievance. If the grievance involves any of the rights granted form satisfactory to the Union and the Employer, and copies at all steps shall be sent to the Human Resources Director, or designate. Employer replies to grievances at all steps shall be sent to the grievor and the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s8.04 All person(s) aggrieved shall be allowed to appoint a Union representative, at no cost to have the Board, right to be present for at all meetings, hearings, appeals, or other proceedings relative steps of the grievance procedure.
8.05 No grievance shall be considered where circumstances giving rise to any the grievance which has should reasonably have been formally presented and no employee may be required known to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within more than ten (10) working days prior to the first filing of the alleged violation or within ten (10) grievance.
8.06 For the submission of grievances as provided herein, "working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion days" shall be consistent with considered as the terms days in which ENMAX’s offices are open to the public for the transaction of regular business.
8.07 When a dispute involving a question of general application or interpretation of this Agreement. Ifagreement occurs, after informal discussion with or where the facility managerUnion has a grievance, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I One and Step II must be filed within five (5) working days following the disposition Two of the grievance or the expiration of the disposition timelinesprocedure may be by- passed.
Step I A formal written a) Failure by the Employer to abide by the specified time limits shall result in the decision being deemed to be negative and the Union may submit the grievance to the next step.
b) Failure by the Union to process the grievance in the specified time limits shall result in the grievance being automatically deemed abandoned.
c) Any extensions to the time limits contained herein must be filed on expressly granted in writing by the specified grievance form non-requesting party.
8.08 The aggrieved employee (or group of employees) shall have the case presented by the Business Agent, Union Representative, Shop Xxxxxxx or Executive Officer of Local 38. At the Informal Discussion Stage and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerStep One only, the grievant employee(s) may file present the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivecase personally.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or 1. The Guild shall designate a group committee of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent its own choosing to take up with the terms Employer or its authorized agent any matter arising from the application of this Agreement or School Board Policy affecting the relations of the employee and the Employer.
2. Grievance procedure shall be initiated at the chief of bureau or department head level, where every reasonable effort shall be made to resolve the differences, except that grievances concerning a dismissal or alleged violation of Article 8, Section 2 of this Agreement may be taken directly to the national level. The grievance must be submitted in writing to the Employer within 90 calendar days of the occurrence of the event complained of, or in the case of a suspension, within 90 calendar days after written notice of the suspension is delivered to the Guild office in New York. A copy of the letter of suspension shall be sent to the Guild office within 14 days. Provisions of this Article and Article 5 (Arbitration) shall not apply on any grievance submitted more than 90 calendar days after the occurrence of the event complained of. The Guild agrees to inform the Employer in advance of the nature of the grievance. This information, to be supplied in writing, shall include pertinent details of the grievance, such as the names of the employees involved, the dates and, in cases of claimed contract violations, the article or articles on which the grievance is based. Once the grievance notification has been given, the grievance shall be settled only through grievance procedure set forth in this Article or Article 5 (Arbitration); however, only disputes in which it is claimed that an article or articles of this Agreement have been violated may be submitted to arbitration.
(a) In cases of grievances involving claims of continuing violations, the remedy period shall be limited to 90 days prior to the filing of the grievance.
3. The Employer agrees to meet with the committee within five calendar days after request for such meeting is received in writing as provided in Section 2 above. A maximum of two members of the grievance committee shall be given time off for such meetings, or more if by mutual agreement. If the Employer denies the grievance involves any of at the rights granted to the Unionlocal level, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) Guild shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, notified in writing within ten (10) working five calendar days of the alleged violation or last local meeting.
4. The Employer agrees to meet with Guild representatives at the national level on any grievance not settled after reasonable effort at the local level, provided, however, that such request for a meeting at the national level must be made within ten (10) working 45 calendar days following of the time when written denial at the employee responsibly should have gained knowledge of its occurrencelocal level. Any adjustment reached in the informal discussion Every reasonable effort shall be consistent with made to resolve the terms differences. No grievance may proceed to arbitration under this Article or Article 5 (Arbitration) without a national grievance meeting and, further, provisions of this Agreementarticle and Article 5 shall not apply on any grievance submitted at the national level more than 45 calendar days after the written denial at the local level. If, after informal discussion The Employer agrees to meet with Guild representatives at the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure national level within five (5) working calendar days from after written notice to the date Employer stating the nature of the informal conference specified abovegrievance, unless this time is extended by mutual consent. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition A maximum of three members of the grievance or committee shall be given time off for such meetings. If the expiration of Employer denies the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which national level, the relief may Guild shall be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing notified in writing within five (5) work calendar days of after the receipt of the formal grievance. The facility manager will then have fivelast national level meeting on thedispute.
Appears in 2 contracts
Samples: Technology Unit Agreement, Editorial Unit Agreement
GRIEVANCE PROCEDURE. 4.1 Any Both parties consent that the grievance procedure agreed upon by the Board and the Association shall not be changed or amended in any way for the length of this contract or one year.
A. Good relations between the Board and staff are enhanced when there is an orderly and clearly defined procedure for the consideration and disposition of Grievances which may arise between members of the staff and their superiors or between staff members and the Board.
B. A grievance is a claim by an employee, employee or the Association or a group of employeesemployees regarding the interpretation, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hoursapplication, or violation of the agreement between the board and the Association, policies, or administrative decisions affecting terms and conditions of employment employment. A grievance shall apply only in cases for which no other statutory remedy is inconsistent with provided. Therefore, no grievance can be brought regarding such items as: failure to retain non-tenure teachers (a problem for which a specific remedy is provided by law) or a situation upon which the terms Commissioner of Education has ruled or has the power to rule.
C. The purpose of this Agreement procedure is to secure, at the lowest possible level, equitable solutions to the problems which may arise affecting employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of procedure.
D. An “aggrieved person” is the person or School Board Policy shall be group making the claim of a grievance. Wherever in the following “procedure” the term “school days” appears, it shall be deemed to mean “work days” for the 12 month employees and “school days” for 10-month employees.
E. A Board Association Committee shall develop mutually agreeable grievance form.
LEVEL 1. Any aggrieved person who has a grievance may discuss it informally first with his principal or immediate superior in an attempt to resolve the difference. If the matter is not resolved by discussion, or if the aggrieved person elects not to discuss the grievance involves any informally with his principal , the grievant shall submit his grievance in writing to the principal within sixty (60) calendar days after the individual knew or should have known of the rights granted facts giving rise to the Union, alleged grievance. The principal in turn will notify the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days aggrieved person of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached his decision in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure writing within five (5) working calendar days from after the date receipt of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a written grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within on condition that five (5) working school days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerremain before a lengthy recess period. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have If five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance1. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 One: The grievant(s) shall discuss the complaint with the immediate supervisor within five (5) working days of his/her knowledge of the event or occurrence which is the basis for the complaint.
2. Step Two: If the grievance is not satisfactorily resolved at Step One, it shall be allowed reduced to appoint a Union representative, at no cost writing and submitted to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager grievant's immediate supervisor within five (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (105) working days of the formal discussion required in Step One. The written grievance shall generally contain the following information:
a. The name of the grievant(s).
b. The names of all other persons involved in the incident or incidents generating the grievance.
c. The number and title of any and all articles of this Agreement alleged to have been violated and by appropriate reference the sections and paragraphs of such articles alleged to have been violated.
d. A full statement of the facts giving rise to the grievance.
e. The contention of the grievant(s) and of the Association as to how the facts indicate violation or within ten of this Agreement.
f. The relief requested. Within five (105) working days following of receipt of the time when written grievance, the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached immediate supervisor shall submit an answer in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, writing to the grievant(s) must initiate and to the following formal Association Representative. Such answer shall either grant or deny the relief requested.
3. Step Three: If the grievance procedure is not resolved at Step Two, it may be submitted in writing to the Superintendent of Schools within five (5) working days of receipt of the immediate supervisor's written answer.
a. Within five (5) working days from the receipt of the grievance, the Superintendent, or his/her designated representative, shall arrange a meeting with the grievant(s) and an Association Representative at a mutually agreeable time and place on school premises. Such meeting shall be for the purpose of discussing the grievance and attempting to resolve it.
b. Within five (5) working days after the date of the informal conference specified meeting designated in the paragraph immediately above, the Superintendent or his/her designated representative shall give the Association Representative and the grievant(s) an answer in writing. When requested by the employeeIf further investigation is needed, a Union representative additional time may be presentallowed by mutual agreement between the Association Representative and the Superintendent or his/her designated representative.
4. The aggrieved Step Four: If the grievance is not resolved in Step Three, it may withdraw a grievance at any step in be appealed to the adopted procedure. Appeals to Step I and Step II must be filed Board of Education within five (5) working days following after receipt of the written answer in Step Three by the grievant(s). Such appeal shall be by letter delivered to the Superintendent as agent for the Board. The letter shall state the reasons for the appeal and shall be accompanied by a complete grievance record. Within fifteen (15) working days after receipt of the letter of appeal by the Board, a committee composed of Board members shall meet with the grievant(s) for the purpose of arriving at a mutually satisfactory disposition of the grievance. If no such mutually satisfactory disposition shall result from the meeting, a complete grievance or record together with the expiration recommendations of the disposition timelines.
Step I A formal written grievance must Board committee shall be filed on reviewed by the specified grievance form and submitted Board of Education at its next regular meeting or at any special meeting called prior to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveBoard's next regular meeting.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, A. A grievance shall be defined as a dispute between the County and the Association arising over the interpretation or application of a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms specific aspect of this Agreement or School Board Policy which is not a Management Right. 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 not more than three members. Such committee shall be selected in a manner to be determined by the Association membership. The purpose of the Association grievance committee is 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. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss take up the alleged matter with the appointing District Attorney or Public Defender within five (5) days after the employee becomes aware of the event giving rise to the grievance.
D. The District Attorney or Public Defender shall make every attempt to reach an acceptable solution to the problem within five (5) days after it has been submitted to him. Any grievance settlement shall be approved in writing by the appointing District Attorney or Public Defender and the County Manager.
E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within fifteen (15) days after the event giving rise to the grievance, the Association shall submit the grievance in writing to the appointing District Attorney or Public Defender, and provide the following information:
1. The employee’s name;
2. The employee’s position classification;
3. The employee’s department;
4. A complete statement of the nature of the grievance 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. The Association grievance committee and the appointing District Attorney or Public Defender shall again attempt to resolve the matter. Any grievance settlement shall be approved in writing by the appointing District Attorney or Public Defender and the County Manager.
F. If the grievance is not settled within five (5) days after receipt of the written grievance by the District Attorney or Public Defender, the Association may submit the written grievance with the facility manager 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 ten (Within 10) days from the Superintendent's Complexdate he received said grievance.
G. If the matter is not settled in the previous step within three (3) days after receipt of the written response from the County Manager, a department constitutes a facility.), at which a representative may be presentthe Association may, within ten (10) working days of receipt of the alleged violation or within ten (10) working days following County Manager’s decision notify the time when the employee responsibly should have gained knowledge County Manager in writing of its occurrencedesire to submit the matter to the County Commissioners. Any adjustment reached in Subject to judicial review as allowed by law, the informal discussion decision of the County Commissioners shall be consistent with the terms final and binding.
H. The County Commissioners shall have no power to amend, modify, add or delete provisions of this Agreement. If, after informal discussion .
I. The time limits specified in the preceding sections may be extended by the mutual agreement of the parties.
J. The Association shall furnish the County with the facility managernames of the members of the Association grievance committee.
K. 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 existsreport or acting as a representative of any employee requesting a grievance review.
L. For purposes of this Article, the grievant(s) must initiate term day means any day Monday through Friday, excluding holidays.
M. The time limits set forth in this Article shall be strictly construed. If the following formal Association fails to file and/or process the grievance procedure within five (5) working days from in a timely manner, it shall be conclusively presumed that the date of grievance is withdrawn with prejudice or satisfied.
N. If the informal conference specified above. When requested by County fails to respond to the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following time limits established in the disposition of preceding sections the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted matter automatically moves to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivenext step.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. 4.1 Any Section 1. A grievance, under this Agreement, or applicable bargaining unit Agreements, shall be defined as a claim by of an employee, a class of employees, or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance is one that impacts more than one bargaining unit within this Master Agreement. It will be initially presented at Step 2 of the grievance procedure. A grievance for a group of employees, that there has been misinterpretation employees within a department and/or bargaining unit will be initially presented at Step 1 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance mechanism.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The Xxxxxxx shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or misapplication Section of any provision the Agreement which may be involved. The grievance form shall be dated and signed by the Xxxxxxx and at least one employee who claims a violation of this written agreement Agreement. All grievances shall be recorded on a mutually agreed upon form which is attached hereto as Appendix I.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the event or School Board Policy that affects educational support personnel's wages, hoursevents giving rise to the grievance occurred, or terms and conditions within twenty (20) calendar days after those events should have reasonably been known.
Section 5. Any time limit imposed upon the handling of employment which grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is inconsistent understood by the parties that the Union representative(s) and/or an aggrieved employee shall undertake every reasonable effort, including but not limited to face to face meetings, to resolve a grievance by first addressing it with the terms of this Agreement immediate supervisor. Whether or School Board Policy not a discussion is held, and the grievance is not resolved, it may be presented in writing to the Employer as provided for in Section 3. and Section 4. above, and it shall be a grievance. If processed in the following manner:
Step 1: The grievance involves any shall be presented in writing to the Head of the rights granted Department, or his/her designee for discussion with the Union Representative(s) and the grievant if the aggrieved employee is willing and able to attend. The discussion with the Head of the Department, the employee’s immediate supervisor and the Human Resources site representative shall be held promptly after receipt of the written grievance and within seven (7) calendar days. The Head of the Department or designee’s written answer shall be made available to the UnionUnion Representative within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance may shall then be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representativepresented, at no cost in writing, to the BoardDirector of Labor Relations, to be present or designee, which individual shall handle second step grievances for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, sites within ten (10) working calendar days after the receipt by the Union Representative of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed at a meeting including the parties’ representatives and normally, the aggrieved employee. This meeting shall take place within seven (7) calendar days of the alleged violation request unless mutually waived. The Director of Labor Relations, or designee, shall render a decision in writing to the appropriate Union Representative within ten fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement may give notice of its desire to arbitrate the grievance. The arbitration process shall be initiated by sending a letter to the Federal Mediation and Conciliation Service (FMCS), with a copy of this request letter to the Director of Labor Relations, or designee, within forty-five (45) calendar days after receipt of the Step 2 answer, identifying the grievance, including whatever forms are required by the Mediation Service and a request that the Mediation Service send to each party a list of seven (7) names of arbitrators.
Section 7. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every other month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 8. Following receipt of the copy of the list of arbitrators, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10) working days following . Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 12. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time when of the employee responsibly should suspension or termination will not be the basis for any reduction in back pay awarded.
Section 13. The arbitrator shall have gained knowledge no authority to alter, amend or change in any way the terms and conditions of its occurrence. Any adjustment reached in this Agreement, the informal discussion Employer’s written work rules and policies and shall be consistent confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of this the Agreement. IfThe arbitrator shall include in his/her decision including in his/her decision findings of fact, after informal discussion with the facility managerconclusions of law (if applicable), a grievance existsand what provisions if any, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference Agreement were violated.
Section 14. Any grievance not answered within the specified above. When requested by the employee, a Union representative time periods may be presentappealed to the next Step of the Grievance procedure immediately. The aggrieved Grievance may withdraw a grievance be entertained at any step in Step or the adopted procedure. Appeals to time limits may be changed at any Step I and Step II must be filed within five (5) working days following the disposition by mutual consent of the parties in writing. Failure to timely appeal any grievance or will close the expiration of the disposition timelinesgrievance.
Step I A formal written Section 15. Any grievance must which the Employer may have against the Union shall be filed on the specified grievance form reduced to writing and submitted to the facility managerchief xxxxxxx who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 16. In A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the event the remedy sought is not work force shall be reduced to writing within the jurisdiction seventy-two (72) hours of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days Local Union's receipt of written notice of the receipt discharge or notice of layoff or within seventy-two (72) hours after the formal grievanceevents should reasonably have become known to the Local Union, and shall be submitted at Step 2. The facility manager will then have fiveof this procedure.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim
A. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to issues that may arise. All grievances shall be processed as provided herein.
B. A grievance shall mean an allegation by an employee, or a group of employeesemployees with the same grievance, or the Federation, that there has been misinterpretation or misapplication a violation of any provision of the provisions of this written agreement or School Board Policy Agreement. If any district policy provides for redress, such redress shall be processed according to this grievance procedure.
C. The District and the Federation agree that affects educational support personnel's wagesthese proceedings and all information relating to a grievance will be kept informal and confidential.
D. Since it is important that grievances be processed as rapidly as possible, hours, or terms and conditions the number of employment which is inconsistent with the terms of this Agreement or School Board Policy days indicated at each level shall be a maximum, and every effort shall be made to proceed as quickly as possible.
1. The aggrieved party, or the Federation, must file a written grievance within ten (10) school days of the act or discovery of the act that caused the grievance.
2. If the grievance involves any aggrieved party is not satisfied with the disposition of the rights granted to the Uniongrievance, the grievance aggrieved party may be filed by appeal the Union directly decision to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Level Two within ten (10) working days of receipt of the alleged violation decision by filing said appeal with the Office of Labor Relations.
3. The time limits specified will be extended or shortened if mutually agreed to in writing by the parties to the grievance.
4. Monday through Friday will constitute school days in counting minimum and maximum days when a grievance is not resolved before the end of the school year.
5. A grievance shall be filed at Level 1 if the remedy sought is within the authority of the immediate supervisor. If it is a remedy in which the supervisor has no authority, it shall be filed at Level 2.
6. Failure to submit the grievance within the time limits specified shall result in a waiver of the grievance.
7. If a grievance affects a group of employees at two (2) or more work locations, the Federation shall identify the employees and work locations and submit such information, in writing, to the Office of Labor Relations.
E. All grievances and appeals of such must be filed on forms provided by the District. A copy of the grievance shall be provided to the principal and/or the principal’s supervisor and management/supervisory personnel.
F. Level One
1. The aggrieved party shall submit the grievance in writing to the employee's immediate supervisor. Within five (5) workdays following receipt of the grievance, a meeting shall take place between the employee's immediate supervisor and the employee to discuss the grievance. A Federation Representative may attend provided a prior arrangement has been made through the Office of Labor Relations. Within ten (10) workdays following such meeting, the immediate supervisor shall give the aggrieved party a written response to the grievance.
2. If the aggrieved party is not satisfied with the disposition of the grievance, the aggrieved party may appeal the decision to Level 2 within ten (10) working days following workdays of receipt of the time when decision by filing a said appeal with the employee responsibly should have gained knowledge Office of its occurrenceLabor Relations.
3. Any adjustment reached Failure to appeal the grievance within ten (10) workdays after receipt of the response shall result in the informal discussion dismissal of the grievance.
G. Level Two
1. The Superintendent, or designee, shall meet with the aggrieved party, and/or a Representative of the Federation, within fifteen (15) workdays after receipt of the appeal of the Level 1 decision to resolve the said grievance. Parties to the grievance or their representatives shall have the right to submit evidence, give testimony, and call witnesses. The Superintendent shall determine the procedures for conducting the meeting. Both parties shall submit a list of witnesses to the person conducting the meeting at least forty- eight (48) hours in advance of the meeting.
2. The Superintendent or designee shall, within ten (10) workdays after such meeting provided above, render the decision in writing to all parties concerned.
3. If the Federation and the aggrieved party are not satisfied with the disposition of the grievance, the aggrieved party may appeal the grievance to Level 3. Failure to appeal the grievance within ten (10) workdays after receipt of the response at Level Two shall result in the dismissal of the grievance.
H. Level Three
1. A grievance appealed to this level shall be heard by an Arbitrator who shall be selected as follows:
a. The parties may agree upon an Arbitrator.
b. Alternatively, the parties shall jointly request from the Federal Mediation and Conciliation Service a list of names from which the Arbitrator shall be selected.
c. The parties will strive to mutually agree upon the Arbitrator.
d. If the parties fail to mutually agree upon the Arbitrator, each party will strike one name followed by the other party striking one name until a single name remains and that person shall become the Arbitrator. The party required to strike the first name will be determined by a flip of a coin.
2. The Arbitrator shall schedule the hearing as soon as possible following acceptance of the appointment. The parties agree to make available all pertinent, non-privileged information in their possession or control that is relevant to the issues raised by the grievance.
3. The Arbitrator may establish the rules of procedure and, at the Arbitrator's discretion, may require the parties or witnesses to testify under oath or, upon demand of either party, shall require the parties or witnesses to testify under oath.
4. The Arbitrator's report shall be prepared and submitted in writing only to the District and the aggrieved party, within thirty (30) calendar days after the first meeting, and shall set forth the findings of the fact, rationale, conclusions, and the determination(s) on the issues submitted. The determination(s) shall be consistent with law and with the terms of this Agreement.
5. IfThe Arbitrator shall have no power to alter, after informal discussion amend, add to, or subtract from the terms of this Agreement.
6. The determination of the Arbitrator on matters set forth in this Agreement shall be final and binding.
7. The determination of the Arbitrator shall be acted upon within thirty (30) calendar days.
8. The cost of services for the Arbitrator shall be shared equally by the District and the aggrieved party.
9. Unless the Federation represents the aggrieved party, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing.
I. Neither the District nor members of the Administration shall take reprisals against the aggrieved party or any party or Federation Representative or any participant in the grievance procedure.
J. All written and printed matters dealing with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition processing of the grievance or will be filed separately from the expiration Central Office personnel files of the disposition timelinesparticipant.
Step I A formal written grievance must be filed on the specified grievance form and submitted K. The District agrees to make available to the facility manageraggrieved party and the party's representatives all non- privileged, pertinent information in its possession or control, which is relevant to the issues raised by the grievance.
L. Leave with pay will be granted to a grievant whose absence from duty is required by the parties to the grievance as part of a grievance meeting. In The Office of Labor Relations shall notify the event the remedy sought is not within the jurisdiction immediate supervisor(s) of the facility manageremployee(s) designated to appear at such meeting.
M. Nothing contained herein shall limit the right of any employee to process a grievance as an individual.
N. To the extent provided by law, the grievant may file parties agree that this procedure shall be the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days exclusive remedy for all allegations of the receipt violations of the formal grievance. The facility manager will then have fivethis contract.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, A grievance is any dispute which involves the interpretation or a group of employees, that there has been misinterpretation or misapplication application of any provision of this written agreement Memorandum of Understanding (excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any County/District official shall be final, the interpretation or School Board Policy that affects educational support personnelapplication of those provisions not being subject to the grievance procedure) or disciplinary actions. The Union may represent the employee at any stage of the process. Grievances must be filed within fifteen (15) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner.
A. Step 1. Any employee or group of employees who believes a provision of this Memorandum of Understanding has been misinterpreted or misapplied to the employee's wages, hoursdetriment shall discuss the complaint on an informal basis with the employee's appropriate chief officer who shall meet with the employee and respond to the grievance within five (5) duty shifts, or terms ten (10) workdays in the case a grievance filed by employees assigned to a forty (40) hour workweek, of a request to hold such a meeting. Grievances challenging suspensions, reductions in pay, demotions and conditions terminations may be filed at Step 3 within the timeframe set forth in Section 20.5.
B. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within five (5) calendar days to such management official, other than the chief officer who participated in Step 1 above, as the Fire Chief may designate. This formal written grievance shall state which provision of employment which is inconsistent the Memorandum of Understanding has been misinterpreted or misapplied, how the misinterpretation or misapplication has affected the employee to the employee's detriment, and the redress the employee seeks. A copy of each written communication on a grievance shall be filed with the terms Employee Relations Officer or his/her designee. The designated management official shall have ten (10) workdays in which to respond to the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within five (5) workdays to the Employee Relations Officer or his/her designee. The Employee Relations Officer or his/her designee shall have fifteen (15) workdays in which to investigate the merit of the complaint and to meet with the Fire Chief or designee and the employee to attempt to settle the grievance and to respond in writing to the employee and the employee's Union representative.
D. Step 4. If a grievance is not satisfactorily resolved at Step 3, above, the union may file a written request to submit the grievance to the Adjustment Board with the Employee Relations Officer or designee. The request to submit the grievance to the Adjustment Board must be filed by the union within five (5) calendar days of the written Step 3 response from the Employee Relations Officer or designee. No grievance will be processed at this Agreement Step 4 which has not first been filed and investigated in accordance with Step 3, above. The Adjustment Board will be comprised of three (3) union representatives and three (3) District representatives. Only one union representative will be an employee of the District or School Board Policy shall a member of the union presenting the grievance. Only one District representative will be a grievanceDistrict employee who is covered by this MOU or a County employee or a member of the staff of an organization employed to represent the District in the meet and confer process. The Adjustment Board will hear the grievance within 60 days from receipt of the written request to submit the grievance to an Adjustment Board. The Adjustment Board will render a decision at the conclusion of the hearing. If the grievance involves any of Adjustment Board issues a majority decision, the rights granted to decision is final and binding on the Unionparties. If the Adjustment Board is deadlocked, the grievance may be filed by the Union directly appealed to Step II5 as described below.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeA. Level I - An employee who has a grievance in connection with his/her own work should discuss the matter with the immediate supervisor, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with designated alternate. In the terms of this Agreement or School Board Policy shall be a grievance. If event the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative matter is not present. If an employee desires Union representationresolved, the employee may request the xxxxxxx be present. The xxxxxxx will be notified within twenty-four (24) hours and, if requested, a meeting or conference shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the scheduled without undue delay, and in any event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from work days.
B. Level II - Before proceeding to Level II hereinafter, it shall be the date responsibility of the informal conference specified aboveaggrieved employee to reduce any grievance to writing on a regular grievance form. When requested The written grievance shall be signed by the aggrieved employee, a Union representative may be presentshall specify the terms of the Agreement allegedly violated, and shall state the relief requested. The aggrieved may withdraw a written grievance at any step in shall be given to the adopted procedure. Appeals supervisor, and the supervisor is to Step I and Step II must be filed answer within five (5) working work days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted its presentation to the facility managersupervisor. In the event the remedy sought is not supervisor fails to answer within the jurisdiction of the facility managertime limits, the grievant may file grievance shall be automatically advanced to Level III. In the Step I grievance at event the lowest level at which Union wishes to appeal a timely Level II answer, the relief may be granted. Such form Assistant Superintendent or Personnel Director will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing notified in writing within five (5) work days of the Level II answer.
1. If a grievance is not satisfactorily adjusted at Level II, it may be submitted to Level III within five (5) work days after receipt of the formal supervisor’s decision.
2. Any grievance not appealed from a decision at any step of this procedure to the next step within five (5) days of such decision, shall be considered settled on the basis of the last decision.
3. If the Employer does not respond within the time limits of the grievance procedure, the employee may appeal to the next allowed level.
C. Level III - The concerned party(s) may request a meeting upon submittal of grievance with the Assistant Superintendent or the Personnel Director. Such meeting shall be held within ten (10) days of the request and a decision shall be rendered in writing, by the Assistant Superintendent or the Personnel Director within ten (10) days from receipt of the grievance. An extension of time may be arranged by mutual agreement, in writing, and signed by both parties.
D. Level IV - In the event a grievance as defined in Section I of this procedure is not resolved at Level III, the parties may proceed to arbitration. The facility manager will then parties shall jointly agree on an arbitrator within the next twenty (20) working days apply in writing to the American Arbitration Association, and the arbitration procedure shall be conducted, including the selection of an arbitrator, in accordance with the American Arbitration Association rules.
1. Written notice of appeal and the Union’s intent to arbitrate shall state the precise issue to be decided, the specific portions of the Agreement which are claimed to have fivebeen violated, the basis on which such violations are claimed. No more than one (1) grievance may be submitted in one (1) arbitration proceeding, except by mutual agreement of the parties. The Employer and the Union recognize that Arbitration is a complex and expensive process. To avoid disputes between the parties as to the role of the Arbitrator, the following Sections are agreed upon.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1: The purpose of this procedure is to resolve grievances in an orderly manner. A determined effort shall be made to settle any grievances at the lowest possible level in the grievance procedure and during the grievance procedure there shall be no suspension of work or interference with the operations of the Library. Meetings or discussions involving grievances or the procedures set forth hereafter shall not occur on Employer time unless otherwise mutually agreed. References to “days” in this agreement mean calendar days.
Section 2: A Shop Xxxxxxx and either a Staff Representative or Local President may visit the work location of or speak by an employeetelephone to employees covered by this Agreement at a reasonable time for the purpose of investigating grievances, but without interfering with Library operations.
Section 3: A grievance is defined as only those disputes involving the interpretation, application or alleged violation of a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement and/or TRL Policy. To be valid, hoursgrievances must be submitted to the other Party as soon as possible, but no later than 14 days from the incident leading to the grievance, or terms and conditions from the date the employee or the Union could have reasonably known of employment which is inconsistent the incident. Grievances shall be processed in accordance with the terms following procedures within the stated time limits.
STEP 1. An aggrieved employee and/or the Union shall present grievances in writing within fourteen (14) days of this Agreement or School Board Policy their alleged occurrence to their immediate supervisor, who shall be available to meet with the employee and Union xxxxxxx in person, via conference call or other available means, and who shall attempt to resolve the grievance within fourteen (14) days after receipt of the grievances. Employees may waive Union representation at Step 1 only, in which case the grievance shall end at Step 1. In seeking solutions, immediate supervisors shall coordinate with their Managers. Written notice shall include:
1. A statement/description of the grievance with relevant dates and facts
2. The specific provision(s) of the Agreement allegedly violated
3. Remedy sought
4. Signature and date of the employee grieving. In the case of a group grievance, the group shall be described and at least one named employee from the affected group shall be included. The employee representing the group and the Union Xxxxxxx/Officer shall sign the grievance.
STEP 2. If not satisfied with the solution the Union shall within fourteen (14) days of receipt of the immediate supervisor's solution, submit the original grievance in writing to the Library Director, including reasons for dissatisfaction with the solution. Within fourteen (14) days from receipt of the written grievance, the Library Director or designee shall meet with the employee grieving, the immediate supervisor and manager(s) and a Union representative. The Library Director or designee shall attempt to resolve the grievance as set forth in writing, and shall issue a decision not more than fourteen (14) days after the meeting is adjourned.
STEP 3. If the grievance involves any remains unresolved, it may be submitted by the Union to the Employer's Board of Trustees within fourteen (14) days of receiving the Library Director’s or designee's response. The Board of Trustees shall convene a special meeting for the purpose of hearing the grievance within thirty (30) days of receipt of the rights granted grievance, and shall issue its decision to the Union not more than fourteen (14) days after the meeting is adjourned.
STEP 4. If the grievance has not been resolved to the Union’s satisfaction, the grievance may be filed referred to arbitration. After receipt of the written request for arbitration, the Employer and the Union shall select an impartial party to serve as an arbitrator. If the Union and the Employer are unable to agree on an arbitrator, the arbitrator shall be selected by a process of elimination from a list of five (5) arbitrators furnished by the Union directly to Step IIAmerican Arbitration Association or, if either party prefers, from a list furnished by PERC.
4.2 STEP 5. The grievant(s) grievance shall be allowed scheduled to appoint a Union representative, at no cost be heard in accordance with the arbitrator's schedule. The arbitrator's decision shall include specific findings of fact and shall identify the application and the arbitrator's interpretation of this Agreement as it applies to the Boardissue in dispute. The arbitrator shall confine himself/herselfthemselves to the precise issues submitted to arbitration and shall have no authority to determine other issues not so submitted. The arbitrator shall have jurisdiction and authority only to rule on interpretation, application or compliance with this Agreement as it may apply to be present for all meetings, hearings, appeals, the issue in dispute. He/sheThey shall not add to or other proceedings relative to detract from or alter in any grievance which has been formally presented and no employee may be required to discuss any grievance if way the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms provisions of this Agreement. IfThe decision of the arbitrator shall be final, after informal discussion with conclusive and binding upon the facility manager, a grievance existsEmployer, the grievant(s) must initiate Union and the following formal employees involved. The expenses and fees in common to the services of the arbitrator shall be borne equally by the Employer and the Union. Each party shall bear the cost for preparing and presenting its own case including the costs of witnesses.
Section 4: Any and all time limits specified in the grievance procedure within five (5) working days from the date may be waived by written mutual agreement of the informal conference parties. Failure of the employees or the Union to submit the grievances in accordance with these time limits without such waiver shall constitute abandonment of those specific grievances. Failure of the Employer to submit a reply within the specified abovetime limits shall cause the grievance to be automatically moved to the next step. When requested by the employee, a Union representative A grievance may be present. The aggrieved may withdraw a grievance terminated at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition time upon receipt of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available a signed statement from the Union representative and will be available on stating that the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivematter has been resolved.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 1. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement.
2. A grievance is defined as a charge by either party to this Agreement that the other has violated/misapplied one or more provisions of this Agreement.
3. As used in this Article, "day" shall mean work days of the Human Resources Offices and shall not include holidays or times when the University's Human Resources Offices are closed.
4. A grievance must contain a statement of the specific step number of the grievance, the name of the employee(s), the circumstances upon which it is based, the Article violated, the date of the alleged violation, the management person alleged to have committed the violation, and the specific remedy being sought. General requests for relief such as "to be made whole" are not acceptable. The initial grievance must be signed and dated by the employee(s); subsequent grievances may be signed by the Union Representative on behalf of the employee. Grievances filed on behalf of a group of employees or a grievance regarding a violation of the Agreement as a whole may be signed by the Union Representative. Failure to submit a grievance with all of the required information contained in this subsection will cause the grievance to be returned to the employee(s) or Union representative. A grievance submitted without the proper information which is returned to the employee(s) or Union representative will not stay the running of the time line for filing a grievance, unless an extension is mutually agreed to by the parties, in writing, as provided in this Article. Grievances must be either hand-delivered, emailed, or mailed at Step One, Two, or Three. Grievances that are emailed must be sent during normal business hours of the University Human Resources Office to be properly filed. Grievances that are served by mail will be considered filed on the date of the postmark.
5. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances:
5.1 in matters where a method or review is mandated by law, or
5.2 in matters where the University is without authority to act.
6. Grievances submitted on behalf of the University shall be initiated by the V.P. of Human Resources at Step Three of the Grievance Procedure. Non-disciplinary grievances submitted by the Union Representative on behalf of the bargaining unit which affect the entire bargaining unit may be submitted at Step Three of the Grievance Procedure.
7. Failure to submit a grievance, in writing, at Step One within fifteen (15) working days following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed to, in writing, by the parties, the time limits expressed herein may be extended. Either the Union, the Local Union, or employee(s) who have entered grievances on their own behalf, may withdraw the grievance at any Step.
8. The parties agree to make available upon the written request of the party seeking the information all pertinent information, not privileged, in their possession and control which is relevant to the issue raised by the grievance, three (3) working days prior to the grievance meeting at Step One of the procedure provided that the written request is delivered at the same time as the grievance and that the date the parties agree to meet at Step One provides for at least six (6) working days’ notice. This section does not limit either party’s right to utilize further information in subsequent steps of the grievance procedure or in the arbitration process.
9. Employees required as witnesses to give testimony in a grievance meeting conducted during working hours of such employee, shall be granted time off with pay for that purpose provided that prior arrangements have been made through the University's Employee Relations Office, so that the time off can be scheduled without adversely affecting the operations of the department involved.
10. Should the University fail to respond to a grievance within the time limits expressed herein, the Local Union or the Union may appeal to the next level of the grievance procedure within the time limits established. Responses will be considered timely if hand delivered, postmarked, or emailed on or before the date the response is due.
11. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. In such cases, the Employee Relations Representative shall be notified of any settlements reached. In addition, the Employee Relations Representative will notify the Union of any settlement reached. An employee may not retain outside legal representation under this grievance procedure without the advance approval of the Union.
12. Once a grievance has been referred to the University by a Local Union Representative, the University shall not discuss the grievance with any employee on whose behalf the grievance was presented without first notifying the Local Union and allowing the Local Union Representative to be present at any discussion or contacts made by the University regarding the grievance and the involved employee.
13. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and subsequent steps of the grievance procedure. The Employee Relations Representative or designee may be called by either party at any step of the Grievance Procedure to provide advice and support to the parties. The role of the Employee Relations Representative or designee is not a decision maker for any party to the grievance at any step of the procedure.
14. Except in cases where immediate disciplinary action is deemed appropriate by the University, the involved employee shall, upon request, have the right to have a Spanish speaking Representative designated by the Union present when such disciplinary actions are to be announced or during investigatory interviews which the employee reasonably believes may result in disciplinary action against him/her. Notices of contemplated or imposed disciplinary action shall be in writing, in plain language, and shall contain the basis for the Employer’s actions, including the policies, rules, or regulations alleged to have been violated, as applicable. If a Spanish speaking employee cannot converse in English, the employee will be advised by the supervisor that he/she may request the meeting be stopped in order to obtain a Representative who speaks in Spanish. In this case a meeting shall not be delayed more than 4 working days. Every effort will be made to have a supervisor or manager level above who speaks Spanish present in the meeting.
15. The management representative will provide a summary of the evidence in order to allow the employee an opportunity to respond to each of the allegations listed in the disciplinary action. The employee’s response in cases of suspension and discharge will be taken into account before making a final determination. In cases of written warning, the employee may submit a letter of response which will be attached to the letter of discipline for inclusion in the Personnel file.
16. In addition, management will provide names of witnesses. Neither party is limited by initial disclosures at subsequent steps of the grievance arbitration procedure when that information becomes newly known by the initiating party.
17. Grievances shall be presented as outlined below: Informal Step Any claim employee who believes that he/she may have a grievance, (if acting on their own behalf), or the Local Union representative, (acting on behalf of an employee) may inform the employee's immediate supervisor that a potential grievance exists. The employee or the Local Union Representative (if acting on behalf of the employee) may, within eight (8) working days of the occurrence or when the individual knew or should have known there was an issue, request that an informal meeting be held. The meeting shall be held within eight (8) working days of notice of the potential grievance. During the meeting, the parties will attempt to resolve the grievance. Step One A formal grievance will first be filed in writing by the Local Union Representative or the individual employee, if filing on his/her own behalf. The grievance will be filed with the employee's manager (or next higher level supervisor, below the Xxxx or Director level, if one exists) within fifteen (15) working days following the discovery or when the employee knew or should have known of the act or condition which gave rise to the grievance. A copy will be sent to the Employee Relations Representative. At the time of service, the employee or local union representative shall provide the manager or next higher level supervisor identified above with at least three (3) possible times when the meeting could be held with the manager, or next higher level supervisor, as identified above. The supervisor or manager must acknowledge and select a date with the Union Representative within two (2) working days or provide the Union with alternative dates. The Union must copy the Labor/Employee Relations Office. This meeting must be held within eight (8) working days following receipt of the grievance, and the manager, or next higher level supervisor shall meet with the Local Union Representative acting on behalf of an employee, or the employee if acting on his/her own behalf, to discuss the grievance, and attempt to reach a group of employeesresolution. Within eight (8) working days following the meeting, that there has been misinterpretation the manager or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hoursnext higher level supervisor shall give the Local Union Representative, or terms the employee if acting on his/her own behalf, a written response to the grievance that includes the name and conditions email of employment which the step two recipient. If, in the opinion of the Local Union or employeeacting on his/her own behalf, a satisfactory settlement is inconsistent not obtained, the Local Union Representative or the employee may proceed to Step Two. Step Two Within eight (8) working days following receipt of Step One Response, the Local Union Representative or employee, filing on his/her behalf may appeal the grievance, in writing with the terms of this Agreement Xxxx or School Board Policy shall be Director, with a grievance. If the grievance involves any of the rights granted copy to the Union, Employee Relations Representative. At the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationtime of service, the employee or Local Union Representative shall provide the Xxxx or Director with at least three (3) possible dates and times when the meeting could be responsible for requesting such representationheld. Additional representation will be by mutual agreement.
4.3 In The Xxxx or Director must acknowledge and select a date with the event that an Union Representative within two (2) working days or provide the Union with alternative dates. The Union must copy the Labor/Employee Relations Office. Within eight (8) working days following receipt of the grievance, the Xxxx or Director shall meet with the Local Union Representative or the employee, if acting on his/her own behalf, and attempt to resolve the grievance. Within eight (8) working days following the meeting, the Xxxx or Director shall give the Local Union Representative, or the employee believes there if acting on their own behalf, a written response to the grievance. If, in the opinion of the Local Union Representative or employee, a satisfactory settlement is not obtained, the Union Representative or employee may proceed to Step Three. Step Three Within eight (8) working days following receipt of the Step Two response, the Union Representative or employee may appeal the grievance, in writing, to the V.P. of Human Resources with a basis for copy to the Employee Relations Representative. Once a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complexis appealed to Step Three, a department constitutes a facility.), at which a representative may be present, meeting would take place within ten (10) working days of the alleged violation appeal, between the V.P. or designee and the Union Representative to review and discuss the grievance in an attempt at resolution. The Employer would submit its disposition within ten eight (108) working days of the meeting between the parties. If, in the opinion of the Union Representative, a satisfactory settlement is not obtained, the Union representative may, within twenty (20) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employeeresponse, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of appeal the grievance or the expiration of the disposition timelinesfor binding arbitration in accordance with Article 22.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee(a) The Employer and the Union recognize that grievances may arise concerning:
(1) Differences between the parties respecting the interpretation, application, operation or any alleged violation of a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement Collective Agreement, including a question as to whether or School Board Policy that affects educational support personnel's wagesnot a matter is subject to arbitration; or
(2) The dismissal, hours, discipline or terms and conditions suspension of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be bound by mutual this agreement.
4.3 In the event that (b) Where an employee believes there is has a basis for grievance, her/his grievance shall be settled as follows: The employee, with or without a grievance he/she shop xxxxxxx or Union Representative (at the employee’s option) shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Employer’s designee within ten (10) working calendar days of the occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute and shall disclose the reasons for their respective positions. If the grievance is not settled at this step, then; The grievance shall be reduced to writing by:
1. recording the grievance in writing, setting out the nature of the grievance;
2. stating the Article of the Agreement infringed upon or alleged violation to have been violated and the remedy or correction required;
3. the grievance shall be signed by the employee and the Union Committee member;
4. within ten (10) calendar days of receipt of the written grievance, the Employer’s designate shall give her/his written reply.
5. formal discussion at this stage shall take place during working days following hours, at a time and place mutually agreed to by the time when Employer’s designate and the employee responsibly should have gained knowledge of its occurrenceUnion Representative. Failing a satisfactory settlement at this stage, then: Any adjustment reached in general grievance with respect to the informal discussion above may be initiated by the Staff Union and shall be consistent with submitted at Step Two of the terms grievance procedure. The Union Committee and the Personnel Committee shall meet and, at this step of the grievance procedure, each party shall provide to the other a statement of facts and all relevant documents. If the grievance is not settled at this Agreement. If, after informal discussion with the facility manager, a grievance existsstep, the grievant(sparties may access the resolution mechanisms provided by the Collective Agreement.
(c) must initiate Employees dismissed or suspended for alleged cause shall have the following formal grievance procedure right within five ten (510) working calendar days from after the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw dismissal or suspension to initiate a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition Three of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by 47:01 The parties to this Agreement recognize the desirability for prompt resolution of grievances through an employeeorderly process without stoppage of work or refusal to perform work.
47:02 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation, or a group alleged violation of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms an article of this Agreement or School Board Policy a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(b) The dismissal, suspension, demotion, or written reprimand of an employee;
(c) A dispute concerning the classification of an employee.
47:03 Notwithstanding Section :02, an employee may complain or grieve on any unsatisfactory working condition up to and including Step 2 of the Grievance Procedure. The decision at Step 2 shall be final for such grievances.
(a) Where a grievance. If grievance has been initiated and the nature of the grievance involves any is such that it has or potentially could have widespread application affecting a number of employees: and where as a result the rights granted Union deems it impractical that each affected employee grieve separately, the Union shall have the right to present a group grievance on those matters as defined in Section :02 (a). A group grievance shall be presented directly to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager college president within twenty (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (1020) working days following the time when date upon which the employee responsibly should have gained knowledge employee(s) were notified orally or in writing, or on which the employee(s) first became aware of its occurrencethe action giving rise to the grievance.
(b) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. Any adjustment reached in Where such a grievance is initiated by the informal discussion Union it shall be consistent with presented to the terms of this Agreementcollege president. If, after informal discussion with the facility manager, Where such a grievance exists, is initiated by the grievant(s) must initiate Employer it shall be presented to the following formal President of the Manitoba Government and General Employees’ Union. In all cases the grievance procedure shall be presented within five twenty (520) working days from the date of the informal conference specified aboveaction giving rise to the grievance.
(c) Where the parties fail to resolve a grievance under Section :04 (a) or :04 (b), either party may refer the grievance to arbitration. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(d) Notwithstanding Section :06 a grievance filed under Section :04 (b) shall not require the signature of an employee.
47:05 If an employee or the Union fails to initiate or process a grievance within the prescribed time limits, the grievance will be deemed to be abandoned and all rights of recourse to the grievance procedure for that particular grievance shall be at an end. If the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union may process the grievance to the next step. Either party may request an extension of the time limits providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
47:06 Wherever possible, the grievance shall be presented on the union grievance form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an article of the Agreement, such article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the union grievance form or for failure to quote the article in dispute.
47:07 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a representative present at such a discussion. When requested a grievance cannot be presented in person at any step, it may be transmitted by registered mail.
47:08 An employee has the employee, right to representation by a Union representative at any step of the Grievance Procedure.
(a) Within twenty (20) working days after the 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, the employee shall present the grievance with the redress requested to the employee’s supervisor.
(b) The supervisor shall sign for receipt of the grievance and if the nature of the grievance is such that the supervisor is authorized to deal with it, the supervisor shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
(c) The supervisor may discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
(d) If the nature of the grievance is such that a decision cannot be presentgiven below a particular level of authority, the supervisor shall forward the grievance to the college president or designate at Step 2 of The Grievance Procedure and so inform the employee and the Union. The aggrieved time limits and the procedures of the appropriate step shall then apply.
(e) Where the immediate supervisor at Step 1 is a union officer or officer of the Union, the grievance shall automatically be referred by the immediate supervisor to Step 2.
(a) If the grievance is not resolved satisfactorily at Step 1, the employee shall submit the same grievance and the redress requested to the college president or designate within fifteen (15) working days of the receipt of the decision at Step 1.
(b) The college president or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the grievance.
(c) For those grievances defined in accordance with Section :02, the college president or designate may hold a hearing to discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance. For those grievances concerning unsatisfactory working conditions as defined in Section :03, the college president or designate shall hold a hearing to discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
47:09 Grievances concerning demotion, suspension or dismissal shall be initiated at Step 2 of the grievance procedure within twenty (20) working days of the date that the employee became aware of the action.
47:10 An employee or the Union may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal grievance/arbitration procedure by giving written grievance must be filed on the specified grievance form and submitted notice to the facility managerEmployer. In the event the remedy sought is An employee may abandon a grievance by not processing it within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveprescribed time limits.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by SECTION 46.1: Each employee shall have the right to present a grievance to representatives of the College free from interference, coercion, restraint, discrimination or reprisal and shall have the right to representation at all stages of the grievance procedure. A grievance shall be defined as any claimed violation of this contract or of rules, procedures, regulations, administrative orders or work rules which relate to employee health, safety, physical facilities or equipment furnished to employees; provided, however, that such term shall not include any matter involving an employee's pay group placement, retirement benefits, position classification, or any other matter which is otherwise reviewable pursuant to law or any rule or regulation having the force and effect of law (or as to any matter on which the College is without authority to act). The pendency of a grievance shall in no way operate to impede, delay or interfere with the right of the College to take the action complained of.
Step 1: A grievance as defined hereinabove between an employee or a group of employees and the College shall be initiated in the first instance by the employee(s) involved and/or the employee(s) representative with the Department involved, or the Department's authorized designee. The grievance shall be submitted in writing and signed by the aggrieved party or, in the event of a grievance on behalf of a group of employees, that there has been misinterpretation or misapplication by the representative of any provision such group of this written agreement or School Board Policy that affects educational support personnel's wagesemployees. A grievance, hoursif it is to be considered, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be presented within fifteen (15) business days from its known occurrence. The Department Head shall serve a written reply to the aggrieved party or parties within five (5) business days of the submission of the grievance. If the grievance involves any of the rights granted to the Union, the grievance The Department Head or authorized designee may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If conduct an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), informal hearing at which a representative all parties involved may be present, present oral or written statements in support of their position. The hearing shall take place within ten (10) working business days following the submission of the alleged violation grievance to Step 1 of the grievance procedure. The Department Head or authorized designee shall serve a written reply to the aggrieved employee(s) and the Union within five (5) business days from the close of the hearing.
Step 2: In the event the grievance is not disposed of under Step 1 of the grievance procedure, the Union may request a review of the grievance with the Director of Human Resources or designee. Such request shall be submitted in the same manner provided for in Step 1 of the grievance procedure and shall be submitted within ten (10) working business days of the conclusion of Step 1. The Director of Human Resources shall serve a written reply to the Union within ten (10) business days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date close of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines2 review.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. 3: In the event the remedy sought grievance is not within the jurisdiction disposed of under Step 2 of the facility managergrievance procedure, the grievant Union may file submit the grievance to arbitration by filing a demand for arbitration with the Director of Human Resources within twenty (20) business days from the conclusion of Step I grievance at 2. The College and the lowest level at which Union shall establish a permanent panel of arbitrators to hear all arbitrations. The panel shall be selected by mutual agreement. Each year, the relief entire panel shall be reviewed by both parties. At that time, deletions may be granted. Such form will made by either party, and additions may be available from the Union representative and will be available on the District websitemutually agreed to. The facility manager will schedule and conduct top name on a Step I hearing within five rotating, alphabetical list shall be selected for the next arbitration. The selection shall be made when an arbitration demand is received by the Director of Human Resources. Within ten (510) work business days of the receipt of an arbitration demand, the formal Director of Human Resources shall notify the arbitrator who is selected for that case. If an arbitrator is selected for an arbitration that is settled, that name shall be restored to the top of the list. The arbitrator, after reviewing oral and written statements and testimony presented at such hearings, shall respond in writing to both parties to the dispute within thirty (30) days following the close of such hearings. The decision of the arbitrator shall be final and binding upon both parties to the dispute. The arbitrator shall not have jurisdiction or authority to add to, modify, detract from, or alter in any way the provisions of this agreement or any amendment or supplement thereto. If the grievance concerns matters not covered by this agreement or the procedures contained herein have not been adhered to, the grievance shall be denied by the arbitrator. In any back-pay award, the arbitrator shall be limited to a back-pay award not to exceed the period commencing fifteen (15) business days preceding the filing of the grievance. The facility manager will then have fivetime limits as set forth in this article shall be strictly adhered to and shall be binding upon the parties unless waived by mutual agreement. The fees and expenses of the arbitrator shall be shared equally by the parties to this agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee11.01 Parties to this Agreement believe that it is important to adjust complaints and grievances as quickly as possible. Notwithstanding any provision contained in this Article, any nurse and/or Union may present a complaint at any time without recourse to the formal written procedure described herein.
11.02 A grievance shall be defined as a complaint regarding the interpretation or alleged violation of this Agreement, or, in the case of a group of employeesnurse who has acquired seniority under this Agreement, a complaint that there has they have been misinterpretation discharged or misapplication disciplined without just cause.
11.03 Prior to the initiation of any provision grievance, the affected employee may discuss the matter with their Manager. They shall have the assistance of this written agreement or School Board Policy that affects educational support personnel's wagesa member of the Grievance committee if they so desire. Failing satisfactory resolution of the problem at the complaint stage, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy a grievance shall be a grievance. If submitted in writing within ten (10) full working days from when the grievance involves any circumstances giving rise to it occurred or originated and be processed in accordance with Article 11.05.
11.04 No grievances shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the rights granted to grievance; in the Unioncase of a grievance involving computation of pay, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days after receipt of pay.
11.05 The following shall be the procedure in processing and handling grievances and the Union acknowledges that the Employer may have present at any step, in addition to those members of management specifically mentioned below, any other staff or representatives which it feels may be of assistance in dealing with the grievance. The aggrieved nurse may submit their grievance in writing to the Director, Population Health Division or designate who shall consider it in the presence of the alleged violation person or persons presenting same and render their decision in writing. The aggrieved nurse shall have the assistance of a member of the Grievance Committee if they so desire. Should no settlement satisfactory to the nurse concerned be reached within ten five (105) working days following days, the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached next step in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure maybe taken within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be presentthereafter. The aggrieved nurse may withdraw submit their grievance in writing to the Medical Officer of Health or designate and they may have the assistance of a grievance at any member of the Grievance Committee if they so desire. Should no settlement satisfactory to the nurse concerned be reached within five (5) working days, the next step in the adopted procedure. Appeals to Step I and Step II must grievance procedure may be filed taken within five (5) working days following thereafter. The said Grievance Committee may have the disposition assistance of a representative of the Ontario Nurses’ Association (ONA) if they so desire. The aggrieved nurse may submit their grievance in writing to the Commissioner of Human Resources of the Regional Municipality of Durham or designate. The Grievance Committee as constituted under Article 2 may be present at this stage at the request of either party. The said Grievance Committee may have the assistance of a representative of the Ontario Nurses' Association (ONA) if they so desire.
11.06 If a final settlement of the grievance or is not completed within ten working days after the expiration grievance has been submitted in writing at Step Number 3 of the disposition timelines.
Step I A formal written grievance must be filed on procedure, and if the specified grievance form and submitted to is one concerning the facility manager. In the event the remedy sought interpretation or alleged violation of this Agreement, or is not within the jurisdiction of the facility managera claim by a nurse that they have been discharged or disciplined without just cause, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct referred by either party to a Step I hearing Board of Arbitration as provided in Article 13 at any time within five fifteen working days (515) work days of the receipt of the formal grievance. The facility manager will then have fivethereafter, but not later.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee5-1 Purpose
A. The District and the Association acknowledge that it is usually most desirable for the MBU and his/her immediate supervisor to resolve problems through free and informal communications. If, or however, such informal processes fail to satisfy the MBU, a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIprocessed.
4.2 B. The grievant(s) purpose of this grievance procedure is to secure equitable solutions to a claim in an equitable manner and at the lowest possible level.
5-2 Immediate Supervisor
A. In any school, the immediate supervisor is deemed to be the building principal, principal designee, or acting principal in his/her absence.
B. If a MBU works at more than one school, the immediate supervisor shall be allowed deemed to appoint be the supervisor with whom the grievance has been filed.
C. If a Union MBU is not assigned to an individual school, the immediate supervisor is deemed to be the administrator by whom the MBU is evaluated.
5-3 Level One
A. A MBU with a Level I grievance shall first present it orally and informally, with or without representative, at no cost to the Board, to be present for all meetings, hearings, appealsgrievant’s immediate supervisor within fifteen (15) days following the alleged violation, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if fifteen (15) days from the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of time the alleged violation is known to the grievant or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, Association.
B. When presenting a grievance existsLevel I grievance, the grievant(s) grievant must initiate specifically inform the following formal immediate supervisor that the presentation is a Level I grievance. A Level I grievance procedure within shall include the following:
1. Date of alleged violation;
2. Section of Agreement allegedly violated;
3. Relief requested.
5-4 Level Two
A. If resolution is not reached by means of the Level I grievance procedure, the grievant shall have five (5) working days from the date of the informal conference specified aboveLevel I grievance meeting to file a written grievance. When requested The grievant may present a claim in writing to the immediate supervisor, either directly or through the Association.
B. A written grievance shall meet the following specifications:
1. It shall contain a synopsis of the facts giving rise to the alleged violation or misinterpretation, including appropriate dates;
2. It shall contain the specific section of this Agreement which has been allegedly inequitably applied;
3. It shall state the relief requested;
4. It shall be signed and dated by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within grievant.
C. Within five (5) working days following after receiving the disposition written claim of grievance, the immediate supervisor shall state the decision in writing and forward it to the Director of Employee Relations, the grievant, and the Association.
5-5 Level Three
A. Within ten (10) days after receiving the written decision of the immediate supervisor (or within twenty (20) days from the date the Level I grievance or the expiration of the disposition timelines.
Step I A formal was filed if there was no written grievance must be filed on the specified grievance form and submitted response to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerLevel II), the grievant may file may, either in person or through the Step I Association, submit a written appeal of the immediate supervisor’s decision to the Director of Employee Relations. Said appeal shall be accompanied by copies of the original claim of grievance and the immediate supervisor’s written decision, and shall state with particularity objections to that decision. The Director of Employee Relations shall investigate the claim, evaluate the evidence, and ten (10) days after receiving the written appeal, state in writing a decision. The Association shall receive copies of all grievance decisions made as a result of hearings without Association representation.
B. A copy of the original grievance and the Level III decision shall be sent to the Association at same time the lowest level Level III decision is provided to the grievant.
C. The Level III filing will be submitted with at which least one date (within five days of filing) when the relief Association representative and the grievant will be available.
5-6 Level Four – Arbitration
A. Only grievances arising out of an alleged misinterpretation or alleged violation of the express Terms of this Agreement may be grantedsubmitted to Level IV, and only on petition of the Association. Such form All arbitration hearings will be available from the Union representative held at times and will be available on locations mutually agreeable to both the District website. The facility manager will schedule and conduct a Step I hearing the Association.
B. If the response of the Level III review does not result in resolution of the grievance, the Association on behalf of the grievant may invoke this Level IV procedure within five ten (510) work days of the receipt of the formal grievance. The facility manager will then have fiveLevel III decision.
X. XXXX’s Director of Employee Relations and the Association shall submit the issue and schedule a hearing date with the selected arbitrator within ten (10) days of filing of the grievance at Level IV.
Appears in 2 contracts
Samples: Consensus Agreement, Consensus Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceLevel 1. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee a teacher believes there is a basis for a grievance grievance, he/she shall first discuss the alleged grievance with his/her Building Principal or other appropriate administrator either personally or accompanied by a Union Representative.
Level 2. All grievances must be filed within fifteen (15) days of first occurrence. The Board shall have no financial liability for any previous fiscal year. Level 2 shall be deemed to have commenced when a written complaint is filed with the facility manager office of the Building Principal or the Superintendent if the grievance is outside the jurisdiction of the Building Principal. The number of days indicated in each level as set forth below is considered to be a maximum, and the failure of a teacher to proceed to the next step of the Grievance Procedure within the time limits as set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance. The failure of an administrator, at any step, to communicate his/her decision to the teacher within the specified time limits shall permit the teacher to proceed to the next level. In Level 2, the grievance must be reduced to writing on a form as set forth in "Appendix E". A copy shall be delivered to the Principal. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by him. Within five (5) days of receipt of the grievance, the Principal or Superintendent shall meet with the representatives of the Association in an effort to resolve the grievance. There shall be no more than three (3) representatives on either the administrative or association team. The Principal or Superintendent shall indicate the disposition of the grievance in writing within three (3) school days of such meeting and shall furnish a copy thereof to the Association. Specialists shall be at the table only by mutual agreement. In the event a grievance is not satisfactorily resolved at Level 2, the Association or the grievant may process the grievance to Level 3. Grievances involving more than one (1) building, or outside the jurisdiction of a Building Principal, may be transmitted directly to the Superintendent or his designee for initial processing at Level 3. Grievances submitted directly to the Superintendent for processing at Level 3 must be filed within fifteen (15) days of their first occurrence.
Level 3. Upon receipt of a grievance by the Superintendent's Complex, Level 3 will be said to have commenced. Within five (5) days of receipt of said grievance, the Superintendent shall meet with the Association to discuss and attempt resolution. There shall be no more than four (4) representatives on the administration or association side. The Superintendent will indicate his disposition of the grievance, in writing within three (3) days of such a department constitutes meeting and shall furnish a facility.)copy thereof to the Association. Specialists shall be at the table only by mutual agreement. If the Superintendent does not satisfy the Association with the disposition of the grievance, at which a representative or if no disposition has been made within the period above provided, the grievance may be presenttransmitted to Level 4. If the Association decides to proceed to Level 4, it must within ten (10) working days of the alleged violation last meeting at Level 3, deliver to the Superintendent a copy of the Association's request for arbitration to the American Arbitration Association (AAA).
Level 4. Level 4 shall consist of submitting the grievance to arbitration. Either party may bring in outside Specialists. Neither party shall be permitted to insert any issues that have not been brought forth by the end of Level 3, substantiating documents or within testimony of expert witnesses being exempted. The procedures set forth herein may be invoked only by the formal action of the President of the Association. The arbitrator may be a person mutually selected and agreeable, but if none is so selected and agreeable, he/she shall be selected by the parties from a list of seven (7) names furnished in accordance with the rules of the AAA either by mutual agreement or from which list each party shall be permitted to strike alternately three (3) names, with the requesting party striking first, and the remaining arbitrator shall thereupon be accepted. Upon receipt of the list of seven (7) names, the parties will meet no later than ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified said receipt and will select an arbitrator as described above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not of either party failing to meet and select an arbitrator within the jurisdiction prescribed time limits, or in the event of a refusal by either party to submit or to appear at the facility managerarbitration hearing, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative arbitrator shall have jurisdiction to proceed ex parté and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivemake an award.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or The purpose of the procedure set forth hereinafter is to resolve differences regarding a group complaint of employees, that there has been misinterpretation or misapplication of any provision a violation of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions Agreement. A grievance shall be defined as an alleged violation of employment which is inconsistent with the terms a provision(s) of this Agreement. The parties to this Agreement or School Board Policy recognize the desirability of settling grievances at the earliest possible time. The parties are encouraged to problem-solve disputes. The Association and the Committee desire that the procedure shall be a grievanceconfidential. If A grievance must be filed at its initial level no later than thirty (30) school days next following the grievance involves any occurrence of the rights granted to violation or the Uniondate when the grievant should have known about the violation. At the Association’s option, the a class-action grievance may be filed by initiated at either Level One or Level Two of the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee procedure. Any time limit under this Article may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be waived by mutual agreement.
4.3 In . All documents, communications, and records dealing with the event that an employee believes there is a basis for processing of a grievance he/she shall first discuss be filed separately from the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days personnel files of the alleged violation or within ten (10) working days following participants. If any unit member covered by this Agreement shall present a grievance without representation by the time when Association, the employee responsibly should have gained knowledge disposition of its occurrence. Any adjustment reached in the informal discussion grievance, if any, shall be consistent with the terms provisions of this the Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may The Association shall be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition informed of the grievance or hearing by the expiration administrator/School Committee at that level of the disposition timelines.
Step I A formal written grievance must procedure, shall work with the administrator and the aggrieved unit member to establish a mutually convenient time and date for the meeting, and shall be filed on the specified grievance form and submitted permitted to the facility manager. In the event the remedy sought is not within the jurisdiction be heard at each level of the facility manager, the grievant may file the Step I grievance at the lowest level procedure at which the relief grievance is to be considered. No reprisals of any kind shall be taken against any person because of the exercise of rights under the grievance procedure.
4.2 The levels of the grievance procedure shall be as follows: the written response of the School Committee, the Association may pursue one
(1) of the following two (2) courses: • For grievances involving the evaluation, suspension, or termination of a unit member(s), the Association may file for arbitration with the American Arbitration Association (AAA); • For grievances involving other disputes under the Agreement, the Association may file for arbitration with the Board of Conciliation and Arbitration.
4.3 The cost of arbitration shall be divided equally between the two parties but excluding the Association’s and the Committee's own cost of the presentation of their respective cases. The parties may, by mutual agreement, submit more than one pending grievance to the same arbitrator.
4.4 The arbitrator’s award shall be in writing and shall set forth their findings of fact, reasoning, and conclusions on the issue(s) submitted. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the Agreement. The award shall be final and binding upon the Committee, the Association, and any unit member(s) who may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct party to a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeNOTE: PLEASE REFER TO THE NATIONAL AGREEMENT FOR RELATED LANGUAGE.
A. The Employer and the Union encourage open, two-way communication and informal resolution of issues and problems between employees and supervisors. Each party shall make every attempt to understand and resolve differences informally before resorting to the Formal Grievance Procedure. Issues may be resolved utilizing the Issue Resolution Process or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms Grievance Procedure. Some legitimate differences regarding interpretation and/or the application of this Agreement or School Board Policy may, in fact, require a formal grievance process. The purpose of this Article is to promote a prompt and efficient process for the investigation and resolution of grievances. The Employer and the Union agree that all disputes will be settled as hereinafter provided. The parties also agree that there shall be no lockouts on the part of the Employer nor suspension of work on the part of the employees for the duration of the Agreement. Any problems arising in connection with the application or interpretation of this Agreement may be submitted as a grievancegrievance by any employee or group of employees in accordance with the procedures provided in this Article. Class action grievances may be filed at step two. The Employer and the Union agree that each shall have the right to file a grievance on their own behalf regarding problems that may arise regarding interpretation or application of the Agreement. All grievances shall be submitted in writing and explicitly cite the Article allegedly violated and the requested remedy. All grievances and related requests for review shall be signed by the Grievant or union representative. Grievances, requests for review and decisions shall be delivered in person or by U.S. mail to the appropriate management representative, Grievant and Union representative. In the event of a question as to the timeliness of any mailed grievance step or response, the postmark will indicate the end of one step or response and the date of receipt will xxxx the beginning of the next step or response. If the grievance involves any response is by electronic mail, the date the response was sent will xxxx the beginning of the rights granted next step or process. Grievances may be, by mutual written consent of the parties, referred back for further consideration or discussion to a prior step or advanced to a higher step of the grievance procedure. The time limits contained in this procedure may be extended by mutual, written agreement of the Employer and the Union. If the Grievant or union representative fails to file an appeal within the time limit provided, the grievance may will be filed deemed to have been resolved by the Union directly decision at the prior step. If the Employer fails to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representativemaintain the time limits provided, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative may advance the grievance to the next step. The Grievant and the Union xxxxxxx participating in the grievance and arbitration meetings shall not lose pay associated with regular scheduled work hours for time spent in meetings unless there are “class action” grievances involving more than one Grievant, in which case the parties shall mutually agree on pay issues. Witnesses may be asked to appear at grievance meetings without loss of pay by mutual agreement. Meetings held in accordance with the steps provided in the following procedure shall be scheduled at mutually agreed upon times.
1. STEP 1 It is the intent of the parties that grievances be adjusted informally and/or at the first level of supervision whenever possible. Settlements reached at step one of the grievance procedure shall not presentbe precedent setting for future similar or dissimilar cases unless specifically agreed to. If an employee desires Union representationhas a grievance, she/he shall present it on the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In appropriate form to the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, immediate supervisor within ten (10) working 15 calendar days of the alleged violation or within ten (10) working days following the time from when the employee responsibly should have gained knowledge became aware of its occurrencethe event from which the grievance arose. Any adjustment reached in The grievance shall contain a statement of the informal discussion issue being grieved, identification of the contract provision violated and a proposed resolution. The immediate supervisor shall be consistent meet with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure Grievant and representative within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work 10 calendar days of the receipt of the formal grievance and attempt to resolve the grievance. The facility immediate supervisor or a xxxxxxx for a Management grievance shall give a written decision to the Grievant, with a copy to the union, within 10 calendar days after the meeting (xxxxxxx to supervisor if management grievance). If the grievance is not resolved, the Grievant may appeal the decision to step 2 of the grievance procedure within 10 calendar days after receipt of step 1 response.
2. STEP 2 The Human Resources Consultant or designee, and the appropriate department or area manager shall meet with a Union representative and the Grievant within 10 calendar days of receipt of the appeal to attempt to resolve the grievance. Termination grievances may be filed initially at step 2. The Human Resources Consultant (Union representative if Employer grievance) shall give a written decision to the Union representative within ten calendar days after the meeting. If the grievance is not resolved at step 2, the Union or Employer shall have fifteen calendar days after receipt of the step 2 response to notify the other party of its intent to advance the grievance either to mediation or to Issue Resolution.
B. MEDIATION/ISSUE RESOLUTION
1. Grievances not resolved at step 2 may be referred to a mediator or to Issue Resolution (Issue Resolution cannot be used for Corrective Action challenges). A mediator or Issue Resolution Facilitator will then have fivebe scheduled within 30 days of the request. The mediator will be the next arbitrator in alphabetical order from the arbitration panel. Issue Resolution Facilitator will be requested from Human Resource Education. A facilitator will not be assigned who has responsibility for work area or contract administration.
2. The expenses and fees of the mediator shall be shared equally by the parties.
3. Attendance at mediation sessions shall be limited to the following:
a. Union: Spokesperson, Assigned Union Representative, Grievant
b. Employer: Spokesperson - Labor Relations Representative, Human Resources Consultant, Supervisor/Department Head or Designee
c. Observers: By mutual agreement, either party may invite observers limited to a reasonable number who shall not participate in the mediation process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or The purpose of this Article is to establish a group procedure for the settlement of employees, that there has been misinterpretation or misapplication grievances which involve the interpretation and application of any a specific provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement. All such grievances shall be handled as provided in this Article.
1. The objective of both parties is the prompt resolution of all grievances at the lowest possible organizational level. All grievances shall be promptly considered solely and strictly on their merits.
2. A grievance is a dispute involving the meaning, hoursinterpretation, or terms and conditions application of employment which is inconsistent with the terms any or all provisions of this Agreement or School Board Policy Agreement.
3. Failure at any step of this procedure to communicate the decision of a grievance within the specified time limit to the aggrieved party shall permit the aggrieved party to proceed to the next step.
4. Failure at any step of the procedure to appeal the grievance to the next step within the specified time limit shall be considered as acceptance of the decision rendered at that step.
5. Procedure Level One
a. All employees are encouraged to discuss with their immediate superior any questions concerning the provisions and/or application of this Agreement.
b. If any employee or employees feel they have a grievance. If the grievance involves any of the rights granted , they should bring it to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Principal within ten (10) working school days of the alleged violation occurrence on which the grievance is based.
c. The Principal will notify the aggrieved employee of her/his decision within five (5) school days of her/his receipt of the grievance. Level Two
a. If the grievance has not been disposed of to the employee's satisfaction, or if no decision has been reached within the five (5) school days indicated, the grievance shall be referred in writing within the next five (5) school days by the aggrieved employee to the Superintendent.
b. The Superintendent or his/her designee may meet with the aggrieved employee and/or his/her representative and shall render his/her decision in writing to the employee within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work school days of the Superintendent's receipt of the formal grievance. Level Three
a. If the grievance still has not been disposed of to the employee's satisfaction, or if no decision has been reached within the ten (10) school days indicated, the employee may request that the Superintendent submit the matter to the Committee at their next regular meeting. The facility manager will then grievance shall be submitted in writing, shall be signed by the aggrieved employee, and shall specify the provision or provisions of this Agreement alleged to have fivebeen violated. At this regular meeting, or at a special meeting, the Committee shall meet with the aggrieved employee and/or his/her representative. The Committee shall notify the aggrieved party of its decision as soon as practicable after this meeting, but no later than ten
Appears in 1 contract
Samples: Employment Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or Section in this Agreement means a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or disagreement as to whether the terms and conditions of employment the Agreement have been properly applied, administered, per- formed or enforced. Xxxxxxx efforts will be made by both parties to settle grievances through the following grievance procedure in a timely fashion:
a) The nature of the grievance and the circum- stances out of which it arose. remedy or correction which the Employer is requested to make. The section or sections of the Agreement which are claimed to have been violated. Step Within five days of the decision in Step the Grievance Committee present the grievance to the Plant Manager or Manager’s desig- nate. The Plant Manager, or the designate, shall have meeting within days of receipt of the written grievance. A representative of the Employer’s division and/or corporate Per- sonnel staff may be present at this meeting as well as a representative of the National Union and/or a representative designated by the local union. The Plant Manager, or designate, will give a decision in writing within five days after the meeting in this step. Step If the grievance is not satisfactorily settled in Step then within thirty days either party may appeal, in writing, the matter to a single arbitrator. The parties may, by mutual agreement, refer the matter to an arbitration board.
A. Single will be chosen in the following manner: When a grievance is appealed to arbitration the Union at the submit the names of four arbitrators, Within five days of receipt of the names of these arbitrators, the Company will name four choices and the Company will delete two of the Union’s choices. The four remaining arbitrators will be con- tacted and the first available arbitrator will be the arbitrator used. The same arbitrator will not be used twice, consecutively. The parties shall jointly bear the expenses of the single arbitrator. Arbitration boards will be chosen in the following manner. Each party will nominate a board member within five days of the grievance being appealed to arbitration. The two nominees will attempt to select by agreement a Chairman of the Arbitration Board. The parties shall pay the expenses of their nominee to the Board. The parties shall equally bear the expenses, if any, of the Chairman of the Arbitration Board. an agreement cannot be reached with the name of the Arbitrator within five days, the Minister of Labour of the Province of Ontario will be asked to appoint an impartial individual to act as an Arbitrator. to make any decision inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any provision of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appealsAgreement, or other proceedings relative to alter, modify or amend any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms parts of this Agreement. IfThe decision of a majority of such Board or if there is no majority decision, after informal discussion the decision of the Chairman will be final and binding upon the parties. A single Arbitrator shall not be to make any decision inconsistent with the facility managerprovision of the Agreement, nor to alter, modify, or amend any parts of this Agreement. The decision of the Arbitrator will be final and binding upon the parties.
a) Shall be treated as a grievance existsgrievance. All preliminary steps of the Grievance Procedure prior to Step 2 will be omitted in such cases. May be settled by confirming the Company’s action, by the employee with full compensation for time lost, or by any other arrangement which may be deemed just and equitable in the opinion of the confer- ring parties or through arbitration as provided in this article. Xxxxx entitle the aggrieved employee, upon request to the supervisor to see the department xxxxxxx for minutes before leaving the property.
a) When an employee is to be notified of any verbal, written or disciplinary action which is to be recorded on the personnel file, the grievant(s) must initiate department xxxxxxx will be in attend- ance. When there is no xxxxxxx available within the following formal grievance procedure within five (5) working days from department, the date Union President will select a xxxxxxx to attend. A copy of any written disciplinary action will be provided to the Union at the time of the informal conference specified abovewritten disciplinary action. When requested If the Union and the employee are not notified, such written or verbal disciplinary action will not be used against them for further disciplinary action or in arbitra- tion cases. Any verbal or written disciplinary action to be taken by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II Company must be filed presented within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work ten days of the receipt event or events on which the action is based. Subject to Section this ten day time limit will not prevent the Company from using past incidents which indicate a pattern of behaviour that warrants discipline. When an employee has completed any twelve continuous month period without any notations or suspen- sions being placed against the formal grievance. The facility manager will then have fiveemployee’s record, the record prior to the twelve month period shall not be used as a basis for any subsequent disciplinary action taken against the employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. Definition
1. A grievance shall mean a complaint by an employee, or a group of employees, employee in the bargaining unit that there has been misinterpretation as to him/her a violation, misinterpretation, or misapplication inequitable application of any a specific provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms Agreement.
2. Grievances of the employees of the West Branch-Rose City Area Schools shall be presented and conditions of employment which is inconsistent adjusted in accordance with the terms following procedures covered in the Agreement.
B. The following steps will not prevent any individual employee from presenting a grievance to the Supervisor and having the grievance adjusted, without intervention of this Agreement or School Board Policy shall the bargaining representative. A copy of all grievances must be a grievancegiven to the President of the Local Union. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative adjustment is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreementthe collective bargaining contract or agreement then in effect, provided that the bargaining representative has been given opportunity to be present at such adjustment.
C. Failure to institute a grievance or to appeal a decision within the specified time limit shall be deemed an acceptance of the decision. IfFailure to answer a grievance within the specified time limit shall result in automatic appeal to the next step. In exceptional circumstances, after informal discussion extensions in time may be granted when so requested in writing and by mutual agreement. Time limits shall exclude Saturdays, Sundays, and days considered as holidays per Article XIV. A working day shall be defined as a day in which Central Office is open.
Step 1: The employee with a grievance shall discuss the grievance informally with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure immediate supervisor within five (5) working days from the date of the informal conference specified above. When requested by alleged violation, with the assistance of a Committee person at the employee, a Union representative may be present’s option. The aggrieved may withdraw a grievance at any step in If the adopted procedure. Appeals to Step I and Step II must be filed matter is not resolved within five (5) working days after the discussion, the following step may be taken by the disposition of the grievance or the expiration of the disposition timelinesemployee.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. 2: In the event that the remedy sought matter is not within the jurisdiction of the facility managerresolved informally, the grievant may file employee shall present the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing in writing, within five (5) work working days, with the assistance of a committee person, at the employee’s option, to his/her immediate supervisor. The immediate supervisor shall file a written decision with the Union within five (5) working days after he/she receives the written grievance as herein before specified.
Step 3: If the above answer is not satisfactory, the Union may appeal the grievance to the Personnel Committee to be heard within five (5) working days of receipt of such answer. The Personnel Committee may consist of two (2) members of the Board of Education, as appointed by Board President, the School Superintendent, the appropriate administrator and two (2) members of the Local Union being the President and Vice President accompanied by the International Staff Representative. The grievant shall also be present. Both sides may call witnesses upon request. The Superintendent of Schools will render a decision on the grievance within five (5) working days.
Step 4: If the grievance is not settled at Step 3, the Union may file a demand for binding arbitration with the American Arbitration Association not later than fifteen (15) calendar days from receipt of the formal grievanceSuperintendent’s answer in Step 3. The facility manager Union must also serve the Employer with a copy of this demand within the 15-day time period. The American Arbitration Association will then be used in the selection of the arbitrator, and the rules of the American Arbitration Association shall likewise govern the conduct of the arbitration proceeding.
D. The conference, discussions and/or meetings in the Grievance Procedure shall be scheduled at a time when there is no disruption of normal scheduled routines and duties.
E. The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Arbitrator in the same manner as other collective bargaining agreements. The function and purpose of the Arbitrator is to determine disputed interpretations of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The Arbitrator shall, therefore, not have fiveauthority, nor shall he/she consider his/her function to include the decision of any issues not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Arbitrator shall not give any decision which in practical or actual effect modified, revises, detracts from or adds to any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in what is, in effect, a modification (whether by addition or detraction) of written terms of this Agreement. The arbitrator has no obligation or function to render a decision or not to render a decision merely because in his/her opinion, such decision is fair or equitable or because in his/her opinion, it is unfair or inequitable.
F. If either party shall claim before the Arbitrator that a particular grievance fails to meet the tests of arbitrability, as the same are set forth in this Article (Grievance Procedure), the Arbitrator shall proceed to decide such issue before proceeding to hear the case upon the merits. The Arbitrator shall have the authority to determine whether he/she will hear the case on its merits at the same hearing in which the jurisdictional question is presented. In any case where the arbitrator determines that such grievance fails to meet said test of arbitrability, he/she shall refer the case back to the parties without a recommendation of the merits.
G. Unless expressly agreed to by the parties in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at any one hearing. Separate arbitrations shall be constituted for each grievance appealed to binding arbitration.
X. The Arbitrator may make such investigation as he/she may deem proper and may, with the joint consent of the Union and the Board, hold a hearing and examine the witnesses of each party, and each party shall have the right to cross-examine all such witnesses and to make a record of all such proceedings. Within thirty (30) days after the close of the hearings, or the date established for filing post hearing briefs if so desired by either party. The Arbitrator shall issue the decision, which shall be final and binding.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeShould any dispute arise between the Company and the Employees or the Company and the Association as to the interpretation, application or a group of employees, that there has been misinterpretation or misapplication alleged violation of any provision of the provisions of this written agreement Agreement, an xxxxxxx effort shall be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a “working day” shall be defined as a company day of operation i.e. Monday through Saturday exclusive of statutory holidays. Timelines within the grievance procedure must be adhered to unless extensions are mutually agreed to between the parties. The grievance shall be considered abandoned unless the parties have mutually agreed to an extension. Management and the employee are responsible to ensure the grievance procedure moves forward. Should responses not occur within the timeframes, the employee and/or the Association Representative can seek assistance from the Human Resource Manager.
Step 1 Within three (3) days of the occurrence of the difference, the employee with or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent without an Association Representative shall discuss the difference with the terms of immediate supervisor. If an Association Representative is unavailable, any fellow employee may represent the employee at this Agreement or School Board Policy shall be a grievancestage in the procedure. If the grievance involves any matter is not resolved within three (3) working days, proceed to the next step. Present your problem in writing on a Grievance form to your Supervisor and forward a copy of the rights granted grievance to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentyour Human Resources Manager. If an Association Representative is unavailable, any fellow employee desires Union representation, may represent the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached this stage in the informal discussion shall be consistent with procedure. If the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure matter is not resolved within five (5) working days from days, proceed to the date next step. Note: In certain work areas, additional steps involving additional levels of the informal conference specified above. When requested by the employee, a Union representative management may be presentrequired before you reach Step 3. The aggrieved may withdraw a grievance at time limit for resolving each of any step in the adopted procedure. Appeals to Step I and Step II must be filed within additional step(s) is five (5) working days following days. Present the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance Grievance form and submitted to the facility managerPlant Manager. In If an Association Representative is unavailable, any fellow employee may represent you at this stage in the event procedure. If the remedy sought matter is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within resolved in five (5) work working days, the employee may proceed to Arbitration.
1. Grievances must be submitted to the Arbitrator within fifteen (15) days of the receipt completion of Step 3 of the formal grievanceGrievance Procedure.
2. Each grievance will be heard by a single independent Arbitrator.
3. The facility manager single Arbitrator will then have fivebe selected from one of the following: - Xxxxx Xxxxx - Xxxxx XxXxxxxxxx - Xxxx Xxxxxx
4. The appointed Arbitrator can only apply the agreement; they cannot add/amend anything in the agreement.
5. During Arbitration, you may be accompanied by and represented by an Association Representative, if one is unavailable, any fellow employee.
6. The Company will pay the Arbitrator’s expenses.
7. The Arbitrator’s decision shall be final and binding.
Appears in 1 contract
Samples: Wage and Working Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 16.1. The procedures contained in this article shall serve as the sole and exclusive method of resolving all grievances between the parties subject to this Agreement.
Section 16.2. The term grievance shall mean an allegation by an employee, a bargaining unit employee or a group of employees, the Union that there has been a breach, misinterpretation or misapplication improper application of any a specific and express written provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with It is not intended that the facility manager, grievance procedure be used to effect changes in the articles of this Agreement nor shall it apply to matters or subjects not covered by this Agreement.
Section 16.3. In order for a grievance existsto be considered under this procedure, the grievant(sgrievance must be presented in writing within fourteen (14) must initiate the following formal grievance procedure within five (5) working calendar days from the date occurrence of the informal conference specified aboveevent which gave rise to the grievance. When requested All grievances must be processed at the proper step in progression in order to be considered at the subsequent steps. However, any grievance not answered by the employee, a Union representative Employer within the prescribed time limits may be present. The aggrieved may withdraw a grievance at any advanced by the grievant to the next step in the adopted grievance procedure. Appeals Failure of the Employer to Step I and Step II must answer a grievance within the prescribed time limits shall not be filed within five (5) working days following the disposition considered approval of the grievance or the expiration granting of the disposition timelinesrelief sought. Any grievance may be withdrawn by the Union at any point by submitting a statement to that effect in writing, or by permitting the prescribed time limits to lapse.
Step I A formal written grievance Section 16.4. All grievances must contain the following information to be considered and must be filed on using the specified grievance form mutually agreed upon by both parties:
A. Aggrieved employee’s name and submitted signature.
B. Aggrieved employee’s classification.
X. Xxxx grievance was filed in writing.
D. Date and time grievance occurred.
E. The location where the grievance occurred.
F. The names of all persons, in addition to the facility managergrievant, having knowledge of the incident or occurrence giving rise to the grievance.
G. A description of the incident giving rise to the grievance.
H. Specific articles and sections of the Agreement allegedly violated.
I. Xxxxxxx remedy to resolve the grievance.
Section 16.5. In Any suspension without pay, reduction in pay or rank, or discharge may be appealed through all of the event grievance steps as set forth in this article. Xxxxxx and written reprimands may be appealed through Step 2 of the remedy sought grievance process as set forth in this article. If said grievance is not within the jurisdiction of the facility managersatisfactorily resolved after Step 2, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from or the Union representative and will may place a letter of rebuttal to the discipline in the grievant's personnel file. A verbal counseling not reduced to writing may not be available on appealed through the District websitegrievance process as set forth in this article.
Section 16.6. The facility manager will schedule and conduct Valid grievances shall be processed in accordance with the procedures outlined in this article. Nothing contained herein shall prevent or limit an employee from informally discussing any alleged grievance or complaint with the Fire Chief, in an attempt to resolve the matter prior to filing a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five, provided the time limit specified in Section 16.3 remains applicable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeSection 1. A grievance shall be defined as any dispute regarding the meaning, interpretation or a group application of employees, that there has been misinterpretation or misapplication of any provision the terms and provisions of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIAgreement.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which Section 2. An employee who believes she/he has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance matter with the facility manager Court Administrator, accompanied by an Association Representative within three (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (103) working days after he/she becomes aware of the alleged violation or within ten (10) working days following event upon which the time when the employee responsibly should have gained knowledge of its occurrencegrievance is based. Any adjustment reached in the informal discussion It shall be consistent with the terms objective of both parties to resolve the matter in this Agreementinformal manner. IfIn the event the grievance is not settled in this manner, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure shall apply.
Section 3. If an employee elects to use the grievance procedure provided for in this contract and later elects to use statutory remedies, the grievance decision shall not be applicable and any relief granted shall be forfeited.
Section 4. First Step. Any grievance that is not settled by discussion as set forth in Section 2 of this Article shall be submitted in writing to the Court Administrator. All grievances shall be signed by a representative of the Association and the employee who is filing the grievance and shall contain the nature of the grievance, including the section of the Agreement involved, the facts upon which the grievance is based, when it occurred, and the relief requested, and shall be submitted to the Court Administrator within five (5) working days from after the date of the informal conference oral discussion as specified above. When requested by the employee, a Union representative may be presentin Section 2. The Court Administrator shall give a written answer to the aggrieved may withdraw a grievance at any step in employee and the adopted procedure. Appeals to Step I and Step II must be filed Association within five (5) working days following the disposition after receipt of the grievance or written grievance. If the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought answer is not within the jurisdiction of the facility managermutually satisfactory, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available shall so indicate on the grievance and both grievant and Association Representative shall then sign the answer. Two (2) copies shall be retained by the Association and one (1) copy by the Court Administrator.
Section 5. Second Step. If the grievance is appealed further, the grievant and his Association Representative must notify the Chief District website. The facility manager will schedule and conduct a Step I hearing Court Judge in writing within five (5) work working days of the receipt of the formal grievanceFirst Step answer, and the Judge shall meet with them and give a written answer within ten (10) working days.
Section 6. No claim for back wages shall exceed the amount of wages the employee would otherwise have earned.
Section 7. Grievances which are not appealed by the aggrieved within the time limits specified in the above grievance procedure, shall be considered to be withdrawn by the grievant and/or Association. If the Employer does not answer within the time limits specified in the above grievance procedure, the grievance shall automatically progress to the next step. The facility manager will then have fiveabove grievance procedure affords the sole and exclusive remedy for complaints and grievances under this Agreement and the sole method of expression or communication of grievances.
Section 8. For the purpose of this Article, working day shall be defined as the calendar days Monday through Friday, excluding holidays recognized under the contract.
Section 9. It is understood and agreed that the time limits herein specified may be extended by mutual agreement between the Employer and the Association.
Section 10. The Association reserves the right to financially support the grievant in the use of statutory remedies.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by 25.01 It is the mutual desire of the parties herein that complaints of employees be adjusted as quickly as possible and it is understood that an employee, or employee has no grievance unless a group of employees, that there complaint has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy referred to the employee’s immediate Supervisor. The Supervisor shall give an oral decision to the complaint with five (5) workdays. If the employee believes that affects educational support personnel's wagescomplaint has not been satisfactorily adjusted, hours, or terms and conditions of employment which is inconsistent with she may proceed to the terms of grievance procedure. The parties to this Agreement or School Board Policy recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances.
25.02 Unless stated otherwise, any reference to a number of days in this Agreement shall be a grievance. If the grievance involves any of the rights granted reference to the Union, the grievance may be filed by calendar days.
25.03 The Employer or the Union directly shall not be required to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, consider or other proceedings relative to process any grievance which has been formally presented and no employee may be required to discuss arises out of any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation action or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within condition more than five (5) working days from days, excluding Saturdays, Sundays and holidays after the date complaint procedure as outlined in 25.01. If the action or condition is of a continuing or recurring nature, the informal conference specified above. When requested by limitation period shall not begin to run until the employee, a Union representative may be presentaction or condition has ceased. The aggrieved may withdraw limitation period shall not apply to differences arising between the parties concerning the interpretation, application or administration of this Agreement.
25.04 A “group grievance” is defined as a single grievance, signed by a xxxxxxx or a CLAC Representative on behalf of a group of employees who have the same complaint. Such a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition dealt with at successive stages of the grievance procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a “group grievance”.
25.05 A “policy grievance” is defined as a grievance that involves a question relating to the interpretation, application, or the expiration administration of this Agreement. A policy grievance may be submitted by either party at Step 2 of the disposition timelines.
Step I grievance procedure. A formal written policy grievance must submitted by the Union shall be filed on the specified grievance form signed by a CLAC Representative and submitted to the facility managerEmployer. In A policy grievance submitted by the event Employer shall be signed by the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveEmployer or his representative.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 10 The affected employee(s) must sign the Grievance Initiation Form. The County recognizes the 11 right of an employee to file a grievance, and will not discriminate against any employee for 12 having exercised their rights under this section.
13 (1) APPLICATION The grievance procedure shall not be used to change existing 14 wage schedules, hours of work, working conditions, fringe benefits and position 15 classifications established by an employeeordinances and rules which are matters processed 16 under existing procedures. Only matters involving the interpretation, application 17 or a group enforcement of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall constitute a grievance.
18 (2) REPRESENTATIVES An employee may be represented at all steps in the 19 procedure by not more than two representatives including the staff 20 representative. Council representation shall be limited at all steps of the 21 procedure to those persons officially identified as representatives of the Council. 22 The Council shall maintain on file with the Department of Labor Relations a grievance23 current list of officers and stewards.
24 (3) TIME OF HANDLING Whenever possible, grievances will be handled after the 25 regularly scheduled working hours of the parties involved. The County agrees to 26 provide at least 24-hour written notice of the time and place of the hearing to the 27 grievant and the Council.
28 (4) TIME LIMITATIONS If it is impossible to comply with the time limits 29 specified in the procedure because of work schedules, illness, vacations, etc., 30 these limits may be extended by mutual consent in writing (extension of 31 grievance time limit form #4894). If any extension is not agreed upon by the 32 parties within the time limits herein provided, or a reply to the grievance involves any of the rights granted to the Unionis not 1 received within time limits provided herein, the grievance may be filed by the Union appealed 2 directly to Step IIthe next step of the procedure. Failure on the part of the Council to 3 appeal a grievance to the next step of the procedure pursuant to the time limits 4 outlined in the procedure shall cause the grievance to be settled.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five 5 (5) working days from SETTLEMENT OF GRIEVANCES Any grievance shall be considered settled 6 at the date completion of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedureprocedure if all parties concerned are 7 mutually satisfied. Appeals Dissatisfaction is implied in recourse from one step to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines8 next.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct 9 (6) FORMS There are 2 separate forms used in processing a Step I hearing within five grievance:
10 (5a) work days of the receipt of the formal grievance. The facility manager will then have fiveGrievance Initiation Form;
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Should a dispute arise between the Employer and an employee covered by an employeethis Agreement regarding the interpretation, application, operation, or a group alleged violation of employeesthis Agreement, that there has been misinterpretation or misapplication the dismissal, discipline or suspension of an employee covered by this Agreement, the dispute will be resolved in the following manner:
(a) Step 1 - The dispute shall be discussed between the employee and the Executive Director or their designate within fifteen (15) working days after the date on which the grievor first became aware of any provision action or any lack of this action by the Employer or other circumstances giving rise to the grievance. The aggrieved employee shall have the right to have her xxxxxxx present at such a discussion.
(b) Step 2 - If the dispute is not resolved orally at Step 1, the employee or the Union on their behalf shall submit a written agreement grievance to the Executive Director or School Board Policy that affects educational support personnel's wagestheir designate within ten (10) days of the Step 1 meeting. The grievance will state the Article or Articles alleged to have been violated, hoursthe circumstances surrounding the alleged violation(s) and the remedy sought. The Executive Director, or terms and conditions of employment which is inconsistent designate, shall arrange a meeting with the terms of this Agreement or School Board Policy shall be a grievance. If employee and the Union representative(s) named in the grievance involves any of at the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentearliest mutually agreeable time. If an employee desires Union representationEmployee Relations Officer of the union plans to attend such a meeting, the employee ten (10) days notice shall be responsible for requesting provided to the Executive Director, who shall, have the option of having a management advisor of her choice also attend the meeting, which shall not be held until such representationattendance is arranged. Additional representation will The Executive Director shall respond in writing within ten (10) days of the Step 2 meeting. Such meeting may be waived by mutual agreement.
4.3 In (c) Step 3 - If the event that an employee believes there dispute is a basis for a not resolved at Step 2, the representative of the Union, or their designate, may submit the grievance heat Step 3 in writing by certified mail, fax or personal service to the Chair of the Board of Directors, c/she shall first discuss o the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presentAgency head office, within ten (10) working days of after the alleged violation or decision at Step 2 has been delivered to the Union. The Board’s representative(s) may arrange a meeting with the Union representative named in the grievance at the earliest mutually agreeable time, and shall respond in writing within ten (10) working days following of the time when Step 3 meeting.
(d) Step 4 - If the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance existsremains unresolved at Step 3, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative matter may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not Arbitration within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five sixty (560) work days of the receipt of the formal response at Step 3.
(e) Time limits in this grievance procedure are mandatory, unless modified by written mutual consent of the parties. If the Union fails to comply with the time limits, the grievance is deemed to be forfeited and abandoned. If the Employer fails to comply with the time limits, the grievance shall be considered as granted and the Employer shall implement the remedy proposed in the grievance. The facility manager will then have five.
(f) In determining the time in which any step under the foregoing proceedings is to be taken, Saturdays, Sundays and recognized holidays shall be excluded.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A grievance is defined as an employee, alleged violation of a specific Article or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms Section of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings matter relative to any grievance which has been formally presented rate of pay, salaries, hours of employment, and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationother conditions of employment concerning health, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.safety, and general welfare as set forth in this
4.3 B. In the event that an employee a teacher or the Association believes there is a basis for a grievance he/she grievance, the grievant shall within five (5) school days of the distressing issue first discuss the alleged grievance violation with the facility manager (Within principal or supervisor either personally or accompanied by his/her Association representative.
C. If, as a result of the Superintendent's Complexinformal discussion with the principal or supervisor, a department constitutes a facility.)grievance still exists, at which the grievant may after five (5) school days and no later than ten (10) school days of the oral initiation invoke the formal grievance procedure through the Association, using the proper forms, signed by the grievant and a representative of the Association. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one (1) school building, it may be presentfiled with the Assistant Superintendent for Personnel and Operations.
D. Within five (5) school days of receipt of the grievance, the principal or supervisor shall indicate his/her disposition of the grievance in writing to the grievant and to the Association representative.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of receipt by the principal or supervisor, the grievance shall be transmitted within five (5) school days to the Assistant Superintendent for Personnel and Operations. Within ten (10) school days the Assistant Superintendent for Personnel and Operations shall meet with up to two (2) representatives of the Association on the grievance and shall indicate his disposition of the grievance in writing within ten (10) working school days of such meeting, and shall furnish a copy thereof to the alleged violation or within ten (10) working days following Association. If the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance existsAssistant Superintendent for Personnel and Operations is not available, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in filed with his/her designated representative.
F. If the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following Association is not satisfied with the disposition of the grievance by the Assistant Superintendent for Personnel and Operations or if no disposition has been made within ten
G. Such appeal shall be in writing and shall be delivered to the expiration American Arbitration Association and the Board of Education within said twenty (20) school day period, and if not so delivered, the grievance shall be abandoned.
H. The fees and expenses of the disposition timelinesarbitrator shall be shared equally by the two (2) parties.
Step I A formal I. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with full reimbursement of all professional compensation loss, less any remuneration earned during the period of discharge.
J. The time limits provided in this Article shall be strictly observed but may be extended by written grievance must be filed on agreement of the specified grievance form and submitted to the facility managerparties. In the event a grievance is filed after May 15 of any year and strict adherence to the remedy sought is not within time limits may result in hardship to any party, the jurisdiction Board shall use its best efforts to process such grievance prior to the end of the facility managerschool term or as soon thereafter as possible. During the summer, Board workdays will constitute school workdays for processing a grievance.
K. Notwithstanding the grievant may file the Step I expiration of this Agreement, any claim or grievance at the lowest level at which the relief arising thereunder may be grantedprocessed through the grievance procedure until resolution. Such form Teacher Educational Improvement
A. The parties support the principle of continuing training of teachers.
B. The Board agrees to pay the tuition costs for employees who participate in and satisfactorily complete course work designed to meet the specific in-service educational needs of the district as determined by the Superintendent. It is understood that such course work can be offered by a community college, a four-year institution, an intermediate school district, or other school district by on-campus or extension-level classes at either the B.A., M.A., Ed.S., or Doctoral level. It is understood that whenever possible the tuition costs will be available from paid directly to the Union representative sponsoring agency.
C. The Board agrees to provide funds for teachers who are authorized by the Superintendent to attend professional conferences. Travel, meals, lodging, and will registration fees shall be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days deemed appropriate expenses of the receipt of the formal grievance. The facility manager will then have fiveBoard.
Appears in 1 contract
Samples: Teacher's Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeSection 1. For the purpose of this Agreement, the term "grievance" is defined as a dispute between the Center and ONA, or between the Center and a group of employeesnurse concerning the interpretation and/or application of, that there has been misinterpretation or misapplication of compliance with, any provision of this written agreement Agreement. Any grievance must allege a violation of a specific provision of this Agreement. When any such grievance arises, the following procedure shall be observed. If the nurse(s) or School Board Policy that affects educational support personnelONA wish to carry the grievance higher, the nurse(s) or ONA must initiate each step within fourteen (1 4) calendar days of the decision being appealed. Grievances not answered within the time limits prescribed in Steps 1, 2, and 3 shall automatically advance to the next step unless such time limit is extended by mutual agreement.
Step 1. Any nurse having a grievance will reduce the grievance to writing and must present it to the Division Director or designee, within fourteen (1 4) calendar days of the alleged grievance. A meeting will be held t_o discuss the grievance within fourteen (1 4) calendar days from the date the grievance is presented. An ONA representative will be present at this Step 1 meeting. Any grievance pertaining specifically to improper payment or calculation of a nurse's wages, hoursrate of pay, or terms other economic benefits, or tenure (for purposes of seniority rights) must be filed within fourteen (1 4) calendar days after the nurse has knowledge or should have knowledge of the event upon which the grievance is based. The Division Director or designee shall render a grievance decision within fourteen (1 4) calendar days of the Step 1 meeting.
Step 2. If the grievance is not settled at Step 1 then it may be presented to the Director of Labor Relations or his/her designated representative within fourteen ( 1 4) calendar days from the date of receipt of the Step 1 decision. A meeting will be held with ONA representatives, including ONA's staff representative, to discuss the grievance in an effort to resolve it and conditions a written answer given to ONA.
Step 3. Either party may request mediation within fourteen ( 1 4) days after the date of employment which the Step 2 meeting.
Step 4. If the grievance is inconsistent with not resolved as provided in Step 3, it may be submitted to arbitration upon request of either party. The party requesting arbitration must notify the other party in writing within fifteen (1 5) calendar days after the mediation or the rejection of Step 3. In the event the matter is submitted to arbitration, the arbitrator shall be appointed by mutual consent of the parties hereto, within seven (7) days after arbitration is invoked. n--- ,41,1 _,..,n If the parties cannot agree, they shall solicit a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Should one party determine asubsequent panel is necessary, that party shall bear sole responsibility for obtaining the subsequent panel. Following receipt of the panel of arbitrators, the parties shall alternately strike a name from the panel until only one (1) name remains, and that person shall serve as Arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue a decision within thirty (30) days after the conclusion of testimony and arguments. Expenses for arbitration service and proceedings shall be borne equally by the Center and ONA, except in the case of a party requiring more than one panel of arbitrators as outlined above. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or School Board Policy any Agreement made supplementary hereto. Any difference arising incidental to negotiations of terms of a new Agreement or modification or amendment to this Agreement shall not be subject to arbitration. Either party may have a verbatim record made of the proceedings at its expense provided it makes a copy available without charge to the arbitrator, and provided that it makes a copy available to the other party upon that party's request and payment of one half (1 /2) of the total expenses of the record and all copies.
Section 2. Grievances may be processed by the nurse filing the grievance during working hours. Grievance meetings with the Division Director or designee, the Director of Labor Relations or his/her designated representative shall be held during the normal working hours of such administrative personnel. Nurses will be paid for time spent in handling grievances, including time spent in arbitration, when such time is spent during the scheduled working hours.
Section 3. A grievance which affects a grievance. If the grievance involves any substantial number of the rights granted to the Unionidentified nurses may initially be presented at Step 2 of Section 1, the grievance and may be filed by the Union directly ONA. These grievances will be reduced to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any writing with available substantiating facts. Any grievance which has been formally presented and no employee may be required to discuss any grievance if involves the Union representative is not present. If an employee desires Union representationdemotion, the employee shall be responsible for requesting such representation. Additional representation suspension or dismissal of a nurse will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), initiated at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition 2 of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeA grievance is hereby defined as a dispute concerning the meaning or application of this Agreement. A grievance must be initiated within fifteen (15) working days that the employee knew or should have known of the events giving cause to the grievance. In the event of a grievance involving discharge, the procedure shall start at Step 3. Working days shall be defined as a day other than a Saturday, Sunday, or a group of employees, that there has been misinterpretation or misapplication of any provision of Holiday provided by this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceAgreement. If the grievance involves any of the rights granted to the Union, the grievance Grievances may be filed and processed through the procedure outlined herein.
Step 1. Prior to filing a formal written grievance, the employee having a grievance must attempt to meet with the immediate supervisor or human resources to attempt to mutually resolve the matter. The employee may choose to be accompanied by a Union Worksite Leader at this or any subsequent step in the grievance procedure. The employee’s supervisor shall respond to the grievance no later than five (5) working days after the meeting.
Step 2. If a satisfactory settlement is not reached in Step 1, the employee, Worksite Leader, or Union representative shall reduce the grievance to writing and present it within five (5)
Step 3. If a satisfactory settlement is not reached in Step 2, the Worksite Leader, employee and/or Union representative shall present the written grievance to the Director of Nursing within five (5) working days following the response in Step 2 (or by the Union directly end of the seventh (7th) working day following the date upon which the employee is discharged). The Director of Nursing shall convene a meeting to Step II.
4.2 The grievant(s) shall be allowed to appoint a include the employee, Worksite Leader and/or Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or and such other proceedings relative to any grievance which has been formally presented and no employee persons as may be required necessary to discuss any grievance if resolve the Union representative is not presentgrievance, as soon as possible. If an employee desires Union representation, the employee The Director of Nursing shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is provide a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or written decision within ten (10) working days following the time when meeting.
Section 2. In the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached event the grievance (as defined in Section 1) has been timely processed through the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance existsspecified procedure and remains unsettled, the grievant(s) must initiate Union shall have the following formal grievance procedure right at any time within five fourteen (514) working days from the date days, following receipt of the informal conference specified aboveHospital’s Third Step answer to file for arbitration. When requested If notification of arbitration is not received by email, fax, or Certified Mail by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed Hospital within five fourteen (514) working days following the disposition Hospital’s answer to Step 3, the grievance shall be considered settled, and the employee and the Union shall have no further recourse over that grievance. The Union shall send a request for arbitration to the Wisconsin Employment Relations Commission within forty-five (45) calendar days following the receipt of the grievance Step 3 decision. The parties may mutually agree to use an alternative arbitrator or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerarbitration service. In the event the remedy sought is not within the jurisdiction parties are proceeding with WERC, a panel of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days arbitrators will be requested and the grieving party shall have the first strike.
Section 3. The sole authority of the receipt arbitrator is to render a decision as to the meaning or application of this written contract with respect to the dispute. Each arbitration proceeding shall be held at such place and at such time as shall be mutually agreed upon by the Hospital and the Union and if they cannot agree, then the arbitrator shall designate the place and time. At any time before the commencement of the formal grievancehearing, either party may demand that the proceedings be recorded by a court reporter, in which case the arbitrator shall make the arrangements to secure the attendance of a court reporter to record all the testimony and all the proceedings. The facility manager reporter shall transcribe the notes of the hearings within 20 calendar days from the completion of the hearing, and a copy of the transcript shall be furnished to the arbitrator and the cost will then be shared equally by the parties. The cost for other copies of the transcript will be borne by the party requesting the transcript. All witnesses shall be duly sworn. The arbitrator shall have fivethe power to compel the attendance of witnesses and to require either party to produce records or documents which are pertinent to dispute. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall render his/her decision, which shall be final and binding upon all parties, with 45 calendar days following the arbitration hearing. The arbitrator will have no authority to legislate or change or modify or add to the agreement. Any matter beyond the authority of the arbitrator will be returned without decision or action.
Section 4. All grievances will be handled solely in accordance with the Grievance Procedure. Any time limit set forth in this Article shall be strictly construed, unless modified or extended by written agreement between the parties. However, unless thus modified or extended, failure to observe the time limits set forth at any stage of the Grievance Procedure will cause the grievances to be deemed satisfactorily adjusted in the status existing in the last prior stage.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by All references to days in this article are to be calculated as business days, excluding General Holidays referred to in Article 22.
32.01 The purpose of the grievance procedure is to resolve disputes that arise under this agreement in a fair and expeditious manner.
32.02 The Union may file a grievance on behalf of an employeeemployee ("the grievor"), or on its own behalf, alleging a group of employees, that there has been misinterpretation or misapplication of any provision violation of this written agreement agreement.
32.03 Where the Union chooses not to represent the grievor, and the grievance relates to disciplinary action taken against the employee(Article 31), discrimination against the employee (Article 11), harassment of the employee (Article 12) or School Board Policy that affects educational support personnel's wagesa matter concerning an employee performance evaluation (Article 27), hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceemployee may file the grievance on their own behalf. If the grievance involves any so, all of the rights granted and obligations of the Union in Clauses 32.04 through 32.15 apply to the Unionemployee. The employee shall not have access to the Level 4 grievance procedure.
32.04 A grievance is filed when delivered in writing to the Employer. No particular form is necessary as long as the document indicates it is a grievance under this Article, or in some manner indicates it is a formal grievance.
32.05 The Executive Director is authorized to receive grievances on behalf of the Employer. The Executive Director shall provide a receipt to the person delivering the grievance stating the date it was received.
32.06 A grievance must be filed within twenty (20) days after the cause of the grievance arose or twenty (20) days from the date upon which the grievor became aware of the cause of the grievance.
32.07 Unless otherwise provided in this agreement, a grievance shall be settled with recourse to the following steps, if needed: Level 1 - Executive Director Xxxxx 0 - Xxxxx xx Xxxxxxxxx Xxxxx 0 - Xxxxxxxxx Xxxxx 0 – Arbitration
32.08 When a grievance is filed, the Executive Director shall attempt to settle it at Level 1 unless:
a) the employee requests that the grievance be waived to another level under Article 11 – No Discrimination or Article 12 – Workplace Harassment;
b) the grievance concerns a wrongful suspension, demotion or dismissal under Article 31, in which case it will commence at Level 2; or
c) the parties wish to waive the grievance to another level by mutual consent.
32.09 The Union may consult with the Employer concerning any grievance at any level of the grievance procedure.
32.10 Any time limits in the grievance procedure may be filed extended by consent of the parties.
32.11 The Employer shall not intimidate or threaten an employee who files or wishes to file a grievance, or offer the employee any advantage in exchange for not filing, or withdrawing, their grievance. Lawful exercise of the Employer's rights, obligations or options under this agreement is not a violation of this Clause.
32.12 A decision made at any level of the grievance procedure is not binding on the parties unless it is in writing, signed by the Union directly decision-maker, and delivered to Step IIthe parties either by hand or by double-registered mail.
4.2 32.13 The grievant(sLevel 1 procedure is as follows:
1) shall be allowed to appoint Within ten (10) days of receiving the grievance, the Executive Director will conduct a Union representative, at no cost hearing. The Executive Director will render a decision and forward it to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, as per Clause 32.12 within ten (10) working days of conducting the alleged violation or within ten (10hearing.
2) working days If the Executive Director fails to do so, the Union may invoke the Level 2 procedure after the tenth day following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date filing of the informal conference specified above. When requested by the employee, a grievance.
32.14 The Level 2 procedure is as follows:
(1) The Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of present the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not Board of Directors within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivetwenty
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Memorandum of Understanding #7 The parties agree that the addition of the word “scholarship” to Article 33 shall have no effect of the manner in which graduate student waivers are awarded. Memorandum of Understanding #8 The use of affirmative action in Article 17 applies only to graduate student employment, and not to graduate student recruitment. Memorandum of Understanding #9 The parties agree that the University has the authority to adopt, in any or all of its departments, programs, schools, and colleges, policies and practices barring the appointment of non-degree graduate students to bargaining unit positions and that any such policies and practices shall not be deemed to be in violation of the Agreement. Any claim non-degree graduate student who already, as of the date of signing of this MOU, has a signed appointment to a bargaining unit position shall not be removed from that position as a result of this MOU. Memorandum of Understanding #10 The University and GEO agree to form a committee composed of three members appointed by an employeeGEO and three members appointed by the University to explore extending tuition and fee waivers for the Division of Continuing Education to graduate student employees. This committee will begin working no later than October 1, or 2005, and conclude no later than May 15, 2006. The University will provide all relevant information to the committee. Memorandum of Understanding #11 The University and GEO agree that the addition of definitions of “waiver” and “exemption” shall not result in any reduction of the benefits accorded to bargaining unit members. Memorandum of Understanding #12 Because of the University’s current belief that it is prohibited by the Family Educational Rights and Privacy Act from providing much of the information described in Article 9 and the notice to GEO described in Article 26, that parties agree that their respective counsel will meet to attempt to resolve this conflict in a group way that both complies with applicable state and federal law and facilitates the efficient discharge by the Union of its rights and responsibilities as the exclusive representative of the members of the bargaining unit. This memorandum of understanding shall be unaffected by any changes negotiated in Article 9 as a result of the addition to the bargaining unit of graduate student employees in the Division of continuing Education; any such changes shall have no effect on either party’s position with respect to the University’s ability to provide data to the Union under the Family Educational Rights and Privacy Act. Xxxxxxxxxx xx Xxxxxxxxxxxxx # 00 The parties agree that any and all changes to Article 1, Recognition, put into effect July 1, 2004 are only intended to clarify the wording in Article 1 and, except for the changing regarding the inclusion of Xxxxxxx Institute’s graduate student employees, that there has been misinterpretation or misapplication are not meant to redefine the bargaining unit in any way. Memorandum of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy Understanding #14 There shall be a grievancecommittee, with two (2) members appointed by the Xxxxxxx and two (2) by GEO, which shall explore: 1) the possibility of expanded diversity training for graduate student employees; 2) the possibility of providing sexual harassment awareness workshops for new graduate student employees; and 3) other ways in which training and orientation of graduate student employees might be improved (including consideration of the question of payment). That committee shall report on its finding to the Xxxxxxx and to GEO by December 31, 2005. If the grievance involves any committee does not report its findings by December 31, 2005, or diversity training, sexual harassment awareness workshops, and improved graduate student training is not implemented by September 15, 2006, GEO and the Administration will reopen negotiations on this subject. Activities and decisions of the rights granted committee shall be subject to Article 31, Grievance Procedure, through Level Two only and shall not proceed to Level Three. Memorandum of Understanding #15 At the beginning of each academic year, the University agrees to notify all departments with a copy sent to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days GEO office of the alleged violation or within ten (10) working days following assistantship paperwork processing timelines for the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached academic year in the informal discussion shall be consistent order that graduate student employees are paid in accordance with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerArticle 42. In the event the remedy sought employment paperwork needing to be completed changes as referenced in Article 42, the University agrees to notify all departments of the changes with a copy sent to the GEO office. Memorandum of Understanding #16 The University agrees to establish and administer during FY05 a pilot emergency travel load program. Graduate student employees who have not received approved travel reimbursement monies within twenty-one (21) days of submitting a completed travel reimbursement request to their department are eligible to apply and receive this loan. When graduate employees submit a completed travel reimbursement request to their departments, they will obtain a receipt indicating the date submitted, a notation that all required documents have been received, and the amount of reimbursement. If after twenty-one (21) days of obtaining this receipt to the Graduate School, which will issue a loan equal to the amount of the reimbursement, subject to repayment when the official reimbursement is issued. Whenever possible, the Graduate School will issue payment the same day the graduate student employee requests the loan. This emergency travel loan program may be extended beyond FY05 only upon mutual agreement of the parties. Memorandum of Understanding #17 The parties agree that during each semester that enrollment space is available currently enrolled flexible-schedule families that wish to add up to six (6) hours to their reserved care Tier 1, 2, or 3 schedule may do so for the price of $2.00 per hour or their current hourly rate if higher. For example, a Tier 3 family with a reserved care schedule of 12 hours of care per week may add up to six (6) hours of care to make a reserved schedule of up to 18 hours per week. These extra hours will be billed directly to the parent at the rate of $2.00 per hour. Parents must contact the CEEC Office by a time designated by CEEC to schedule up to six (6) hours of extra care to the child’s current enrollment schedule. The cost of this care will be billed to the parent on a monthly basis. The Schedule Change Fee will be waived for families adding the purchased hours of care. Any future enrollment schedule changes will incur the Schedule Change Fee. CEEC will continue to make offers of enrollment from the waiting list in order to fill available hours of care. Memorandum of Understanding # 18 The University agrees that any increases to the FY17 Graduate Service Fee will be waived for graduate student employees for the duration of 2017-2020 Agreement. The parties agree that said waivers, if any, and this MOU expire on August 31, 2020. Memorandum of Understanding #19 The parties agree that funds from the Health and Welfare Fund in accordance with Article 35 section G shall be used, on a one-time basis in FY09, to reimburse graduate student employees’ incurred cost for health insurance premiums up to $148 for individuals or $519 for individuals plus family. Memorandum of Understanding #20 There shall be a committee, consisting of three (3) members appointed by the Administration and three (3) members appointed by GEO, to review the current affirmative action and anti- discrimination measures affecting employment in bargaining unit positions and to make recommendations to support the parties’ mutual goal of ensuring equal opportunity in recruitment, hiring, and retention for these positions. By mutual agreement of the parties, a statistical assistant may be employed to aid the committee in its work. If an assistant is hired, they will be a graduate student employee hired and supervised by the University. The Committee will be appointed and begin meeting within three (3) months of the date of ratification of the current contract and produce recommendations by no later than six months from the date it begins meeting. The recommendation of this committee shall not be subject to Article 31, Grievance Procedure. Memorandum of Understanding #21 There shall be a committee consisting of three (3) members appointed by the University and three (3) members appointed by the Union to: 1) complete an audit of all buildings where graduate student employees work, identify for each such buildings the number and location of any restrooms which may be re-designated as all-gender consistent with applicable building codes and without more than incidental cost to the University, and 2) prepare an estimate of the cost of providing an all-gender restroom in each building where graduate student employees work, if re-designation of existing facilities is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District websitepracticable. The facility manager University will schedule hire and conduct supervise a Step I hearing within five (5) work days of graduate assistant with applicable experience to assist the receipt of the formal grievance. The facility manager will then have fivecommittee regarding facilities code compliance, maintenance and renovation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 1. A grievance is defined as any difference or dispute concerning the interpretation, application, or claimed violation of any provision of this Agreement or of any Rutgers policy or an administrative decision relating to wages, hours, or other terms or conditions of employment of the employees, as defined herein. The procedure set forth herein is the sole and exclusive remedy for any and all claims pertaining to the provisions of this Agreement. The purpose of the grievance procedure is to secure promptly, and at the lowest possible level, equitable solutions to the problems which may arise affecting the terms and conditions of employment.
2. All grievances, regardless of the Step at which they are initiated, must specifically cite which provision of this Agreement and/or Rutgers policy is alleged to have been violated. The Union shall endeavor to set forth specific information indicating the factual nature of the grievance. This language is not intended to preclude the Union from amending its grievance.
3. A grievance of an employee or of the Union shall be handled in the following manner. Discharge grievances may be presented immediately under the provisions of paragraph 6 below.
Step 1: An employee having a grievance shall present it in writing in the first instance to the immediate supervisor within fourteen (14) calendar days after the occurrence of the event or knowledge thereof out of which the grievance arises. The immediate supervisor shall within fourteen (14) calendar days arrange a meeting with the employee. The employee shall notify the shop xxxxxxx of the date and time of the meeting; no meeting shall take place without the xxxxxxx being present. The immediate supervisor shall attempt to adjust the grievance and shall give a written answer to the employee and to the employee's xxxxxxx within fourteen (14) calendar days after the meeting. In cases where the event giving rise to the grievance is not initiated by the employee’s immediate supervisor, the grievance initially shall be presented to the first level of supervision having authority to effect a remedy.
Step 2: If the employee or the Union is not satisfied with the Step 1 answer, the Union may advance the grievance to the second level of authority by forwarding the written grievance and written answer to the Office of University Labor Relations, the President of the Union, and the employee’s next level of authority within fourteen (14) calendar days after receipt of the written answer. (For the purpose of this grievance procedure, the next level of authority shall be considered to be the employee’s Division Head, Department Head, or Section Head.) If a Step 2 grievance is filed by an individual employee, the employee shall also send a copy to the Union President. Within fourteen (14) calendar days after receipt of the written grievance, an appropriate union representative (i.e. President of the Union, campus Vice-President’s, or designee will arrange for the Division Head, Department Head, or Section Head to hold a meeting with the employee and a Union officer. The Division Head, Department Head, or Section Head shall give to the employee, to the President of the Union, and to the Office of University Labor Relations a written answer to the written grievance within fourteen (14) calendar days after the date of such meeting.
Step 3: If the employee or the Union is not satisfied with the written answer of the employee’s Division Head, Department Head, or Section Head, the Union may, within fourteen (14) calendar days following the date of the written answer of the employee’s Division Head, Department Head, or Section Head, submit to the Office of University Labor Relations a written request for a meeting between a representative of the Office of University Labor Relations and a Council representative of the Union. Such meeting shall occur at a mutually agreeable time and place not later than fourteen (14) calendar days after receipt of the written request for such discussion. The employee shall be entitled to be present at such meeting. The representative of the Office of University Labor Relations shall give a written decision to the employee and the Union within fourteen (14) calendar days after such discussion takes place, or within such additional period of time that may be mutually agreed upon. A general grievance, one that may affect all or a group of employees, may be presented by the Union at Step 3. If the Union believes that there the third step Hearing Officer has been misinterpretation based his/her decision on material not presented or misapplication referenced at the third step, the Union may request reconvening of the hearing to review or rebut this material.
Step 4: If the Union is not satisfied with the written decision of the Rutgers representative, the Union may, within thirty (30) calendar days after the receipt of the written decision of the Rutgers representative, submit the grievance to binding arbitration, sending the Office of University Labor Relations a copy of such submission. If Rutgers and the Union agree that the grievance shall be heard by a tri-partite panel, one member of that panel shall be designated by Rutgers, one by the Union and the third will be selected jointly by Rutgers and the Union. Rutgers and the Union agree that the arbitrator to be chosen jointly shall be selected from a panel provided by the Public Employment Relations Commission. The arbitrator will be selected in accordance with the rules and procedures of the agency. The costs and expenses incurred by each party shall be paid by the party incurring the costs except that the fees of the neutral arbitrator and the administering agency shall be borne equally by Rutgers and the Union. When documents are discovered by the University which were not presented at third step but which will be used at arbitration, the University will produce such documents two (2) business days prior to the arbitration hearing, with the parties realizing that situations may necessitate shorter notice.
4. Within thirty (30) days following the close of the arbitration hearing, the arbitrator shall render a decision in writing.
5. No arbitrator functioning under the provisions of this grievance procedure shall have the power to amend, modify, or delete any provision of this written agreement Agreement.
6. In case of disciplinary action of suspension without pay of three (3) or School Board Policy that affects educational support personnel's wagesmore days, hourssuspension where an employee has been permitted to charge accrued paid leave time, or terms and conditions discharge, if the grievance is filed within seven (7) calendar days after suspension without pay of employment which is inconsistent with three (3) or more days, suspension where an employee has been permitted to charge accrued paid leave time, or discharge, the terms of this Agreement or School Board Policy shall be a grievancegrievance may begin at Step 3 above. If the grievance involves any of the rights granted to the Union, the grievance may be is filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationindividual employee, the employee shall send a copy to the Union president, and the hearing representative shall send a copy of the answer to the Union president as set forth in Step 3 above. If the employee or the Union is not satisfied with the written answer, the grievance procedure above starting with Section 2, Step 4 shall be responsible for requesting such representation. Additional representation will be by mutual agreementfollowed.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following 7. If Rutgers should exceed the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached limits in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a replying to any grievance at any step in the adopted grievance procedure, the grievance may be advanced (at the discretion of the Union) to the next step.
8. Appeals No employee shall be discharged, suspended, or disciplined in any way except for just cause. The sole right and remedy of any employee who claims that he or she has been discharged, suspended, or disciplined in any way without just cause shall be to Step I file a grievance through and Step II must in accordance with the grievance procedure.
9. Holidays shall not be filed counted in computing the time limits provided for above. Any written decision or written answer to a grievance made at any step which is not appealed to the succeeding step within five (5) the time limits provided, or such additional period of time as may be mutually agreed upon in writing, shall be considered a final settlement and such settlement shall be binding upon Rutgers, the Union, and the employee or employees involved.
10. An employee shall not lose pay for time spent during his/her regular working days following hours at the disposition foregoing steps of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerprocedure. In the event that it is necessary to require the remedy sought is not within attendance of other employees, during regular working hours, at the jurisdiction Step 4 meeting of the facility managergrievance procedure, such employees shall not lose pay for such time.
11. In the event of the discharge for cause of any employee, Rutgers shall promptly give written notice of the discharge to the shop xxxxxxx in the employee’s seniority unit and attempt to give telephone notice to the President of the Union or to the Vice President of the Union responsible for the campus on which the discharged employee had been employed.
12. If an employee is being questioned about his/her work performance or conduct and if the employee has a reasonable belief that the answer to such questions will result in discipline, then the employee may request that a xxxxxxx be present.
13. Rutgers shall provide a copy of any written reprimand which is to be made part of the central file to the employee, to the xxxxxxx if known, and to the President. Where applicable, a copy will be provided to the Vice President on the Newark or Camden campuses. The employee shall sign such reprimand, the grievant signature serving only to acknowledge that he or she has read the reprimand and shall not necessarily be considered an agreement with the content thereof. Any employee may file a grievance with respect to any document written to the Step I employee which expresses dissatisfaction with his/her work performance or conduct and with which he/she does not agree. The Office of University Labor Relations will once a year in written format inform all supervisory personnel of the time limits set in the grievance at the lowest level at which the relief may be granted. Such form will be available procedure and their obligation to adhere to them or obtain consent from the Union representative to extend them on an individual basis for a specific period of time. Annually, through a joint letter from the Union and the Office of University Labor Relations, employees will be available on informed that a document from a supervisor to an employee which expresses dissatisfaction with the District websiteemployee's work performance or conduct may be grieved under this article. The facility manager will schedule When an employee's record is free from any disciplinary action for a period of one (1) year, any letters of reprimand or documents which express dissatisfaction with the employee's work performance or conduct in the employee's record shall be deemed to be removed. When an employee's record is free from any disciplinary action for a period of three (3) years, any letters of suspension contained in the employee's record shall be deemed to be removed.
14. Grievance meetings and conduct a Step I hearing within five (5) work days hearings should not be scheduled during employees’ scheduled time off, without the consent of the receipt Union. This provision does not apply to employees terminated, or employees suspended if the scheduled meetings and hearings fall during the term of the formal grievance. The facility manager will then have fivesuspension.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 A. Definitions - A grievance shall be:
1. Any claim by an employee, the Association or a group of employees, any employee that there has been misinterpretation a violation, misrepresentation, or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for 2. All time limits consist of school days. Except when a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within is submitted fewer than ten (10) working days before the close of the alleged violation or within ten (10) working days current school term, then time limits shall consist of all weekdays.
3. To constitute an effective filing, all written grievances must contain the following information:
a. A description of the time when occurrence, giving rise to the employee responsibly should have gained knowledge grievance, including names, dates, and places necessary for a complete understanding of its occurrence. Any adjustment reached in the informal discussion shall be consistent with grievance.
b. A listing of the terms specific provisions of this Agreement. If, after Agreement alleged to have been violated or misapplied.
c. State the remedy required to resolve the grievance.
B. Procedures - The parties hereto acknowledge that it is usually most desirable for an employee and the employee's immediately involved supervisor to resolve problems through free and informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified abovecommunications. When requested by the employee, a Union an association representative may be presentaccompany the employee to assist in the informal resolution of the grievance. The aggrieved may withdraw If, however, the informal process fails to satisfy the employee or the Association, a grievance at any step may be processed as follows:
1. STEP I - The employee or the Association may present the grievance in writing within ten (10) days of the adopted procedure. Appeals event which gives rise to Step I and Step II must be filed grievance to the immediately involved supervisor, who will arrange for a meeting to take place within five (5) working days following after receipt of the grievance. The grievance and the immediately involved supervisor shall be present for the meeting and the Association representative may be present if requested by the grievant. Within five (5) days of the meeting, the grievant and the Association shall be provided with the supervisor's written response.
2. STEP II - If the grievance is not resolved at Step I, the Association may refer the grievance to the Superintendent or the Superintendent's official designee within fifteen (15) days after receipt of the Step I answer. The Superintendent shall arrange for a meeting to take place within five (5) days of the Superintendent's receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors, as it deems necessary. Within five (5) days of the meeting, the Association shall be provided with the Superintendent's written response.
3. STEP III - If the Association is not satisfied with the disposition of the grievance or at Step II, the expiration Association may submit the grievance to final and binding arbitration through the American Arbitration Association, which shall act as the administrator of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerproceedings. In the event the remedy sought If a demand for arbitration is not filed within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five thirty (530) work days of the receipt date for the Step II answer, then the grievance shall be deemed withdrawn.
a. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party.
b. The arbitrator shall have no power to alter the terms of the formal grievance. The facility manager will then have fivethis Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee(a) The Employer and the Union recognize that grievances may arise concerning:
(1) difference between the Parties respecting the interpretation, application, operation, or any alleged violation of a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement Agreement, including a question as to whether or School Board Policy that affects educational support personnel's wagesnot a matter is subject to arbitration, hoursor;
(2) the dismissal, discipline, or terms and conditions suspension of employment which is inconsistent with the terms of an employee bound by this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed Agreement.
(b) Disciplinary action grievable by the Union directly to Step II.
4.2 The grievant(s) Employee shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented include written censures and no employee may be required to discuss any grievance if the Union representative is not presentletters of reprimand. If an employee desires Union representation, the An employee shall be responsible for requesting given a copy of any such representationdocument placed on the employees file which might be the basis of disciplinary action. Additional representation will be by mutual agreement.
4.3 In Should the event that an employee believes there is a basis for a grievance dispute such entry on his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record. The Employer agrees not to introduce as evidence in any hearing, any document from the file of the employee that he/she was not aware of at the time of filing. At the request of the employee, any such document(s) shall be removed from the employees personnel file after the expiration of eighteen (18) months from the date it was issued, provided there has been no further infraction of a similar nature.
(c) The procedure for resolving a grievance shall be the grievance procedure in this Article.
7.2 Step 1 The employee involved shall first discuss take up the alleged grievance with the facility manager supervisor directly in charge of the work within ten (Within 10) working days of when the Superintendent's Complex, a department constitutes a facility.), at which a representative grievance was known or ought to have been known. The employee may be presentaccompanied by an office xxxxxxx.
7.3 Step 2 If the grievance is not resolved at Step 1, the matter shall be reduced to writing by the grievor and/or the Union and submitted to the management persons designated by the Employer within ten (10) working days following the decision rendered at Step 1. The grievor, along with the office xxxxxxx, shall meet with the designated management persons to attempt to settle the matter.
7.4 Step 3 If the grievance is not resolved at Step 2, it shall be referred to the representatives of the Union and senior representatives of the Employer within ten (10) working days of the alleged violation or decision rendered at Step 2. Failing settlement within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition receipt of the grievance or at this step, either Party may refer the expiration of the disposition timelinesmatter to arbitration as provided in Article 8.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any Section A. General
1. A grievance is a claim by one or more employees or the Association of an employeealleged violation, misinterpretation, misapplication of a specific section of this Master Contract.
2. A "group grievance" is a claim by two or more employees who claim that the employer has violated the terms of this Master Contract in a manner that affects each of the full time employees signing the grievance in a same way. If, in the judgment of the Association, a grievance affects a group of employees, that there has been misinterpretation or misapplication the Association may submit such grievance on behalf of any provision the affected employees commencing at Step Two.
3. A "day" for purposes of this written agreement or School Board Policy that affects educational support personnel's wagesgrievance procedure shall mean a week day and shall exclude Saturday, hoursSunday, or terms paid Holidays, Winter Break, Spring Break, and conditions paid vacations.
4. Any aggrieved full time employee may elect to be accompanied and/or represented at Step One, the informal grievance level, by a representative(s) of employment which the Association. Nothing contained herein shall be construed to prevent any individual full time employee from initiating a grievance at Step One and having the grievance adjusted, if the adjustment is not inconsistent with the terms of this Agreement or School Board Policy Master Contract and the Association has been given notice of the Step One hearing, said notice shall entitle the Association to be present at such a hearing.
5. Any formal written grievance submitted to Step Two of this grievance procedure shall have the signature of the Association and/or affected employees.
6. All time limits contained herein, shall be a grievancestrictly adhered to unless the school employer and the Association agree in writing to an extension of time limits. If the grievance involves any school employer fails to meet the specified time limits as stated in this Article, the Association may proceed to the next step of the rights granted grievance procedure. If the grievant or the Association fail to meet the specified time limits as stated in this Article, said grievance shall be deemed abandoned.
7. No grievance shall be used as a basis for punitive action of any kind or become part of the employee's personnel file.
8. Step One grievance forms, attached hereto as Appendix A, shall be provided by the employer and made available to the Union, the grievance may be filed by the Union directly to Step IIAssociation and employees.
4.2 The grievant(s) shall be allowed to appoint 9. At any step of this grievance procedure, if the employer schedules a Union representative, at no cost meeting or hearing during the working hours of an employee where presence or testimony is necessary to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if presentation of the Union representative is not present. If an employee desires Union representationgrievance, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementsuffer no loss in pay.
4.3 In 10. All meetings and hearings under this procedure shall be closed to the event that an employee believes there is a basis for a grievance he/she public and shall first discuss include only the alleged grievance with interested parties, representatives and any necessary witnesses except by the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days agreement of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesparties.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee5-1 Purpose
A. The District and the Association acknowledge that it is usually most desirable for the MBU and the immediate supervisor to resolve problems through free and informal communications. If, or however, such informal processes fail to satisfy the MBU, a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIprocessed.
4.2 B. The grievant(s) purpose of this grievance procedure is to secure equitable solutions to a claim in an equitable manner and at the lowest possible level.
5-2 Immediate Supervisor
A. In any school, the immediate supervisor is deemed to be the building principal, principal designee, or acting principal in their absence.
B. If a MBU works at more than one school, the immediate supervisor shall be allowed deemed to appoint be the supervisor with whom the grievance has been filed.
C. If a Union MBU is not assigned to an individual school, the immediate supervisor is deemed to be the administrator by whom the MBU is evaluated.
5-3 Level One
A. A MBU with a Level I grievance shall first present it orally and informally, with or without representative, at no cost to the Board, to be present for all meetings, hearings, appealsgrievant’s immediate supervisor within fifteen (15) days following the alleged violation, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if fifteen (15) days from the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of time the alleged violation is known to the grievant or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, Association.
B. When presenting a grievance existsLevel I grievance, the grievant(s) grievant must initiate specifically inform the following formal immediate supervisor that the presentation is a Level I grievance. A Level I grievance procedure within shall include the following:
1. Date of alleged violation;
2. Section of Agreement allegedly violated;
3. Relief requested.
5-4 Level Two
A. If resolution is not reached by means of the Level I grievance procedure, the grievant shall have five (5) working days from the date of the informal conference specified aboveLevel I grievance meeting to file a written grievance. When requested The grievant may present a claim in writing to the immediate supervisor, either directly or through the Association.
B. A written grievance shall meet the following specifications:
1. It shall contain a synopsis of the facts giving rise to the alleged violation or misinterpretation, including appropriate dates;
2. It shall contain the specific section of this Agreement which has been allegedly inequitably applied;
3. It shall state the relief requested;
4. It shall be signed and dated by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within grievant.
C. Within five (5) working days following after receiving the disposition written claim of grievance, the immediate supervisor shall state the decision in writing and forward it to the Director of Employee Relations, the grievant, and the Association.
5-5 Level Three
A. Within ten (10) days after receiving the written decision of the grievance immediate supervisor (or the expiration within twenty
B. A copy of the disposition timelinesoriginal grievance and the Level III decision shall be sent to the Association at same time the Level III decision is provided to the grievant.
Step I A formal written grievance must C. The Level III filing will be filed on submitted with at least one date (within five days of filing) when the specified grievance form Association representative and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction grievant will be available.
5-6 Level Four – Arbitration
A. Only grievances arising out of an alleged misinterpretation or alleged violation of the facility manager, express
B. If the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days response of the receipt Level III review does not result in resolution of the formal grievance. The facility manager will then have five, the
Appears in 1 contract
Samples: Consensus Agreement
GRIEVANCE PROCEDURE. 4.1 Any Section A— Definition of a Grievance A grievance is a claim that is made by an employee, a paraprofessional or a group of employees, the Association that there has been misinterpretation a violation, misinterpretation, or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions Agreement. Grievances will be processed as hereinafter provided. Failure to respond on the part of employment which is inconsistent with the terms Administration constitutes denial of this Agreement or School Board Policy shall be a grievance. If the grievance involves any on behalf of the rights granted Administration. Failure on the part of the Association to respond within the Union, established time limits at any level of the grievance may be filed by procedure constitutes the Union directly to Step IIgrievance being dropped.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 Section B— Procedure Level 1 In the event that an employee a paraprofessional believes there is a basis for a grievance grievance, he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presentshall, within ten (10) working school days from the occurrence or knowledge of the occurrence, discuss the alleged violation grievance with his/her immediate supervisor and/or principal either personally or accompanied by his/her Association representative. Level 2 If, as a result of the informal discussion with the immediate supervisor and/or principal, a grievance still exists, the grievant may submit the grievance in writing within ten (10) working school days, using the proper forms, to the building principal, signed by the grievant and/or a representative of the Association. Within ten (10) school days following of receipt of the time when grievance, the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion immediate supervisor and/or principal shall be consistent meet with the terms of this Agreementparaprofessional and/or the Association representative in an effort to resolve the grievance. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date The principal shall indicate his/her disposition of the informal conference specified abovegrievance in writing within ten (10) school days of such meeting, and furnish a copy thereof to the Association. When requested by Level 3 If the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following Association is not satisfied with the disposition of the grievance or if no disposition has been made within ten (10) school days of such meeting, the expiration grievance shall be transmitted to the administrator of personnel. Within ten (10) school days of receipt of the grievance, the administrator of personnel or designee shall meet with the Association on the grievance and shall indicate his/her disposition timelinesin writing within ten (10) school days of such meeting, and furnish a copy thereof to the Association. Level 4 If the Association is not satisfied with the disposition of the grievance by the administrator of personnel or his/her designee or if no disposition has been made within ten (10) school days of such meeting, the grievance shall be transmitted to the Board within ten (10) school days by filing a written copy thereof with the secretary of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, may hold a hearing on the grievance. A disposition in writing by the Board shall be made no later than ten (10) school days thereafter. A copy of such disposition shall be furnished to the Association.
Step I A formal written grievance Section C— Forms Grievances must be filed on forms provided by the specified Association. The grievance form and submitted to shall contain the facility manager. In following information: individual(s) filing the event the remedy sought is not within the jurisdiction grievance, except when filed on behalf of the facility manager, Association; when the grievance occurred; where the grievance occurred; a brief description of the grievance; article(s) and section(s) of the Agreement violated; and relief requested. All grievances must be signed by the grievant and/or the Association representative.
Section D— Meetings Any meetings or hearings held under Levels 1 through 4 of this procedure shall be conducted before or after the working hours of the grievant except if the parties mutually agree to meet during working hours.
Section E— Appropriate Step If a grievance arises from the action of authority higher than the principal of a school, it may file the Step I grievance be initiated at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days appropriate step of the receipt of the formal grievance. The facility manager will then have fivethis procedure.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A grievance means a dispute between the Association or an individual employee, and the City concerning the effect, interpretation, application, claim of breach or a group of employees, that there has been misinterpretation or misapplication of any provision violation of this written agreement or School Board Policy that affects educational support personnel's wages, hoursagreement, or terms of the rules and conditions of employment which is inconsistent with regulations established by the terms of this Agreement or School Board Policy shall City.
B. Grievances involving suspension, reductions and terminations may be a grievance. If processed either through the grievance involves any procedure as provided hereinafter, or as provided under Act 78 of the rights granted to Public Act of Michigan of 1935, as amended but not both. Grievances taken through the Union, Act 78 procedure cannot be taken through the grievance may be filed by procedure, unless the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appealsAct 78 Police and Fire Civil Service Commission, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationCircuit Court, rules that the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought dispute is not within the jurisdiction of Act 78.
C. The Union will submit a grievance to arbitration only after final approval by the facility managerPresident and Union Body. In no event shall an individual be permitted to invoke arbitration in this Agreement.
D. The grievance procedure contained in this Agreement shall be the exclusive grievance for all members of the bargaining unit. A grievance shall be resolve according to the following procedure. The City and Union agree that City observed holidays and official closings are exempt from filing/response timelines.
E. Resolutions or agreements shall be maintained in writing and distributed to the Human Resources Department and the Union.
F. Any grievance filed shall be signed by at least one elected officer of the local union.
1. A grievance shall be communicated orally, within seven (7) business days, to the shift commander on duty at the time the grievance arose.
2. Within two (2) business days after the oral communication, the grievant may file shift commander shall determine an answer, either alone or in consultation with his/her superiors, and communicate the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from answer to the Union and copy the aggrieved employee. (Every possible effort should be made to settle minor complaints at this step).
1. If the grievance is not resolved at STEP 1 the aggrieved employee, or his/her representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing or both shall, within five (5) work days business days, present the grievance in writing indicating the facts and the sections of the contract believed to have been violated to the Chief of the department.
2. Within three (3) business days after receipt of the formal written grievance. The facility manager will then have five, the Chief of the department shall present to the Union a written answer, with a copy to the aggrieved employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. To provide for the expeditious and mutually satisfactory settlement of grievances, the following procedure shall be used:
1. With regard to employees, the term "grievance" as used herein means an appeal by an employee, individual employee or a the Group on behalf of an individual employee or group of employees, that there has been misinterpretation from the interpretation, application or misapplication violation of any provision terms and conditions of this written agreement Agreement, policies, agreements, and administrative decisions affecting them but excluding any non-negotiable managerial prerogative. With regard to the Township, the term "grievance” as used herein means a complaint or School Board Policy that affects educational support personnel's wagescontroversy arising over the interpretation; application or alleged violation of the terms and conditions of this Agreement.
2. With respect to employee grievances, hoursno grievance may proceed beyond Step One herein unless it constitutes a controversy arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement. Disputes concerning terms and conditions of employment which controlled by statute or administrative regulation, incorporated by reference in this Agreement, either expressly or by operation of law, shall not be processed beyond Step One herein but it is inconsistent with the terms understood may be pursued in an appropriate administrative or .judicial forum as provided by law.
3. Employees who file grievances or on whose behalf grievances are filed will be permitted to attend grievance and arbitration proceedings without loss of this Agreement or School Board Policy shall pay. Employees who are called as witnesses during arbitration proceedings will be a grievancepermitted to attend such proceedings without loss of pay. Grievance meetings and arbitration hearings will be conducted during normal working hours. If a meeting or hearing continues past the grievance involves any normal work day by agreement of the rights granted parties, employees in attendance will not be entitled to overtime pay. If any employee attends a grievance meeting or arbitration hearing on the Union, day the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationscheduled to work, the employee shall will not be responsible for requesting such representationentitled to pay or overtime.
4. Additional representation Upon written request of the Group, information and records of use to the Group in representing members of the Group will be provided by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Township within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) 7 working days from receipt of such request, to the date of the informal conference specified aboveextent practical. When requested by the employeeIf such records contain confidential information, a Union representative those confidential portions may be presentredacted. The aggrieved may withdraw a grievance at Group retains the right to challenge any step redaction in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesappropriate forum.
Step I B. The Procedure for settlement of grievances as defined in A formal written grievance must above shall be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveas follows:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentSection 1. If an employee desires Union representationor group of employees has a grievance, the employee then an xxxxxxx effort shall be responsible for requesting such representationmade by both parties hereto to settle the grievance without delay. Additional representation will be by mutual agreement.
4.3 In Such grievances shall involve any dispute between the event that an employee believes there is a basis for a grievance he/she shall first discuss Company and the alleged grievance with Union as to the facility manager (Within the Superintendent's Complexinterpretation, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the application or alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion or concerning any employee or group of employees who feel they have been unjustly dealt with in the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date application of any of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition provisions of the grievance or the expiration of the disposition timelinesthis Agreement.
Step I A formal written 1: The grievance must will be filed on the specified grievance form and submitted presented verbally to the facility manager. In aggrieved employee's immediate supervisor within five working days after the event alleged violation was committed or when the remedy sought is not within Union or the jurisdiction Employee learned or may reasonably have been expected to learn of the facility manageralleged violation. The grievance shall be discussed with that supervisor, the grievant may file aggrieved employee and the aggrieved employee's xxxxxxx, if the employee so desires. Failing settlement within five days, then Step I 2.
Step 2: The grievance at the lowest level at which the relief may be granted. Such form will be available from submitted in writing to the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing appropriate department head within five (5) work days of the receipt completion of Step 1. The decision of the formal grievancedepartment head shall be given in writing. The facility manager Failing a settlement within five days, then Step 3.
Step 3: Within five days of the completion of Step 2 the Grievance Committee shall submit the grievance to the Plant Manager. A Step 3 meeting will then have fivebe held within five days after appeal and may be attended by the aggrieved employee, the xxxxxxx, the Grievance Committee, an accredited official of the Union and such Company representatives as the Company may designate.
Section 2. Any difference arising directly between the Company and the Union as to the interpretation or violation of the provisions of this Agreement may be submitted in writing by either party to the other at Step 3 within 5 days after the grievance has arisen, instead of following the regular grievance procedure.
Section 3. Grievance meetings shall be scheduled by mutual agreement and shall be held between 8:00 a.m. and 4:00 p.m. It is understood that the Xxxxxxx will be paid by the Company for regular time lost while at grievance meetings. Regular time lost while at Arbitration will not be paid by the Company.
Section 4. No employee or employee representative shall leave their work place to discuss grievances without the permission of their immediate supervisor.
Section 5. Saturdays, Sundays and Holidays shall not be counted in determining the time limits mentioned in this Article. Additionally, the time limits mentioned in this Article may be extended by mutual agreement between the Company and the Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
