GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open. Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two. Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting. Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances For the purposes of this Agreement, a grievance is defined as:
(a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable.
(b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled in accordance as follows: The employee, with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union or without a Shop ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty or Union Committee member (30) calendar days from the date at the employee's option), through shall first discuss the use of reasonable diligence had grievance with his/her immediate supervisor or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held department head within fourteen seven (147) calendar days of receipt the occurrence of the requestgrievance. The supervisorsupervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, employee(s) the grievance shall be reduced to writing, signed by the employee and Union a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall attempt to resolve the matter. The supervisor shall respond be presented to the grievant with immediate supervisor or the department head by a copy to the Shop ▇▇▇▇▇▇▇ within fourteen or a Union Committee member. The parties will meet to discuss the grievance. Within seven (147) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance remains unresolvedis not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union may submit it Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Two.
Step 2Three. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, The Company and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department will meet within fourteen twenty-one (1421) calendar days after of referral of the second grievance to Step Three to discuss the grievance. At this step answer was given or was dueof the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting findings or decisions of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may Employer shall be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing presented to the Union Business Representative in writing within fourteen seven (147) calendar days of the meeting.
Step 4. If the grievance remains unresolved after is not settled at this step, either party may refer the response of the head of the Administrative Unit, grievance to arbitration under Articles 7 or their designee, is given or is due, the Union shall have ninety 8 within twenty-one (9021) calendar days to request arbitration by way of a letter the presentation of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resourcesthis decision. The Union shall make a good faith effort Employer agrees that their representatives at the Step 3 meeting have the authority to reduce resolve the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followinggrievance.
Appears in 6 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. All complaints and prospective grievances may be taken up informally by either the Company or the Union in advance of the formal grievance steps set forth below. Nothing in this Article shall be construed to deprive any employee or group of employees from presenting individually to the Company any complaint, and to have such complaints adjusted without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of this Agreement, and provided further that a Union representative has been given opportunity to be present at such adjustment.
Section 2. The Company and the Union agree that grievances shall be settled confined to differences arising out of the interpretation or application of the terms or provisions of this agreement, or disciplinary action for just cause and shall be processed according to the grievance procedure set forth in this Article. It shall be the objective of both the Company and the Union to settle any grievance promptly and at the lowest step of the grievance procedure. Grievances shall be reduced to writing, setting forth, if applicable, specifically the substance of the grievance and the provision or provisions of the Agreement allegedly violated, delivered by a Union representative to the designated Company representative in accordance with the following procedureSection 3. Howeverfollowing, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than within thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(saction complained of.
Section 3. The formal grievance procedure shall consist of three (3) giving rise to the grievancesuccessive steps. This meeting Notice of grievance and appeals of decision shall be held forwarded in accordance with the following: The designated first level manager (supervisor) shall contact the Union representative within fourteen seven (147) calendar days workdays of receipt of written notice of the requestgrievance for the purpose of setting a mutually agreeable meeting date and location. The designated first level manager (supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with will provide a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond decision in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter workdays after completion of the parties shall attempt to select an arbitrator meeting(s) unless mutually agreed otherwise by mutual agreementthe parties. If the parties fail Company fails to mutually agree upon the selection of an arbitrator offer a meeting date which is within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingfourteen
Appears in 5 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. All grievances 26.01 For the purpose of considering and attempting to settle any dispute or complaint regarding the interpretation, application, or administration of this Agreement, the procedure set out in this Article shall be settled in accordance with followed.
26.02 The Union shall, no later than September 30 of each school year, appoint, and the following procedure. HoweverBoard shall recognize, upon mutual agreement a committee of the partiesUnion, any step in representing all teachers employed by the procedure may Board, to deal with grievances. This committee, with regional representation, shall be waived. For purposes of this Article, "working days" is defined known as the days when the appropriate Human Resources office is open.
Step 1Union Grievance Committee. The Union ▇▇▇▇▇▇▇ shall present inform the Director of Human Resources in writing of the members of the Committee or any change in the membership.
26.03 If a written request for teacher or the Union has a step one dispute with the Board or its representative regarding interpretation, application, administration, or any alleged violation of this Agreement, the dispute shall constitute a grievance, and the teacher or the Union shall process the grievance according to the procedure in this Article.
26.04 Step 1
(a) The aggrieved teacher, with or without a representative and with or without a member of the Union Grievance Committee, shall submit the grievance to the appropriate supervisor no later than thirty Regional Director of the Region within ten (3010) calendar working days from of the date the employee, through the use of reasonable diligence had or should have had, effective knowledge of the event(s) facts which gives rise to the alleged grievance. The teacher shall provide a statement with a summary of the facts giving rise to the grievance, identify the specific Article(s) of the Agreement alleged to have been violated, and describe the redress sought. This meeting The grievor shall be held provide the Union Grievance Committee with a copy of the grievance.
(b) The Regional Director of the Region shall reply in writing to the grievor and to the Union Grievance Committee within fourteen ten (1410) calendar working days of receiving the grievance.
(a) If the matter is not resolved at Step 1, the Union Grievance Committee shall submit the grievance in writing to the Director of Human Resources within ten (10) working days of receiving the reply in Step 1.
(b) Within ten (10) working days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) Director of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing meet with the Union Business Representative, the Union Grievance Committee consisting to attempt to settle the grievance.
(c) The Director of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond reply in writing to the Union Business Representative Grievance Committee within fourteen ten (1410) calendar working days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance Step 1 The aggrieved employee may, with or without PBA representation, submit a written grievance on the following procedure. However, upon mutual agreement prescribed form to the Office of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty Police Chief within twenty (3020) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee. The written grievance at this step, through and at all steps thereafter, shall contain the use of reasonable diligence had or should have had, knowledge following information:
1. A statement of the event(sgrievance including date of occurrence, details, and facts upon which the grievance is based.
2. The article and section, if appropriate, of the Agreement alleged to have been violated.
3. The action, remedy, or solution requested by the employee.
4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances.
5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/grievant or the PBA shall have five (5) giving rise additional calendar days to fully complete and resubmit the grievance. This meeting shall be held within fourteen Within fifteen (1415) calendar days of receipt of the requestgrievance, the Police Chief or designee shall meet with the grievant and/or the PBA representative, if applicable, to discuss and seek a solution to the grievance. The supervisorWithin seven (7) calendar days after the meeting, employee(s) and Union ▇▇▇▇▇▇▇ the Police Chief or designee shall attempt to resolve the matter. The supervisor shall respond give a response in writing to the grievant with a copy to and the ▇▇▇▇▇▇▇ within fourteen (14) calendar days PBA representative as the case may be. The written response at this step and all steps thereafter shall contain the following the meetinginformation:
1. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature An affirmation or denial of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based.
2. An analysis of the alleged violation of the Agreement.
3. The remedy or solution, and the relief requested if any, to be made.
4. Signature of the appropriate Human Resourcesmanagement representative.
Step 3. 2 If the grievance remains unsettledis not resolved at Step 1, the aggrieved employee and/or PBA representative, if applicable, may submit a copy written appeal to the Labor Relations Office within fifteen (15) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance shall be submitted by on the Union prescribed form to the appropriate Human Resources Department Labor Relations Office within fourteen twenty (1420) calendar days after the second step answer was given or was dueoccurrence of the matter from which the grievance arose. The appropriate Human Resources Department Labor Relations Manager or designee, if deemed appropriate, shall convene a hearing meet with the Union Business Representativeaggrieved employee, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇Department management, and the appropriate Union ▇▇▇▇▇▇▇PBA representatives, the head of the Administrative Unitif applicable, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen fifteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (1415) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response receipt of the head written appeal to discuss and seek a resolution of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety grievance. Within fifteen (9015) calendar days to request arbitration by way of after this meeting, the Labor Relations Manager or designee shall give a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent written recommendation to the office of Human ResourcesPolice Chief or designee and to the aggrieved employee and/or PBA representative, if applicable. The Union shall Police Chief will then have fifteen (15) days to make a good faith effort any changes to reduce the ninety (90) calendar day time limit whenever possible disciplinary action following the recommendation by the Labor Relations Manager or designee. In the event the PBA representative; the employee, if not represented by the PBA; and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to Labor Relations Manager or designee mutually agree upon the selection of an arbitrator within the said ten (10) calendar day periodto waive Step 2, the Union shall immediately request the Minnesota State Bureau PBA or aggrieved employee may proceed directly to arbitration as described in Article 10 of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingthis Agreement.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances 19.01 Any difference arising between the parties as to the interpretation, application, operation or alleged violation of this Agreement, including any difference arising over the suspension or dismissal of an Employee, and including the question as to whether a matter is arbitrable, shall be settled finally and conclusively resolved without stoppage of work in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.manner:
Step STAGE 1. : The Union Shop ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee Employee(s) shall attempt to resolve discuss the matter and respond in writing to with the Union Business Representative Employee's Supervisor within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar working days thereafter of the parties shall attempt to select an arbitrator by mutual agreementalleged grievance first arising. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators matter is not resolved within five (5) calendar working days, then:
STAGE 2: In cases involving employees in the Property Maintenance Department, the matter shall be submitted within five (5) working days following in writing prior to discussion with the receipt General Manager or designate. Should the matter not be resolved at this stage within ten (10) working days, then:
STAGE 3: The matter shall be discussed within five (5) working days between a grievance committee of the list Board consisting of at least three (3) representatives of the Board and a grievance committee of the Union consisting of at least three (3) representative of the Union. Should the matter not be resolved within ten (10) working days, then: STAGE 4: The matter shall be referred to select an arbitrator a Board of Arbitration of three (3) members. One (1) member shall be appointed by the Board and one (1) by the Union. The third member, who shall be Chairman of the Arbitration Board, shall be appointed by the parties' appointees. Should the parties' appointees be unable to agree on a Chairman within five (5) days of the appointment of the member last appointed, the Chairman shall be appointed by the Minister of Labour for the Province of British Columbia. By mutual agreement, both parties may agree on a single arbitrator.
19.02 Wherever a stipulated time limit is mentioned in this Article, the followingsaid time limit may be shortened or extended by the mutual written agreement of both parties.
19.03 Where a grievance involves a question of general interpretation or application of this Agreement or where a large group of Employees are involved in a grievance, Stage 1 may be by-passed and the grievance referred by either party directly to Stage 2.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All Section 13.1 A grievance is a dispute which arises concerning the application, meaning or interpretation of this Agreement. The Agency and the Union will resolve grievances shall be settled in accordance with the following procedureby informal methods if possible. However, upon mutual agreement At any Step of the partiesgrievance either Party may request a meeting that will be mutually arranged, any step in to discuss the procedure may be waived. For purposes merits of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1grievance. The Union ▇▇▇▇▇▇▇ shall present and Management may mutually agree to extend grievance timelines. Any agreement reached in informal discussions will be put in writing and signed by the Parties involved, and a written request for representative of the Union. Any affected employee, or the Union on an employee’s behalf, may file a step one grievance to in writing with the appropriate supervisor no later than HR Director, or designee, within thirty (30) calendar days from of the date of the alleged breach of this Agreement, or the date the employee, through the use of reasonable diligence had Union or should have had, knowledge employee knew of the event(salleged breach. The grievance must be written on an Official Grievance form and include: (a) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt a statement of the request. The supervisor, employee(sgrievance and relevant facts; (b) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(sprovision(s) of the Agreement in question, alleged to have been violated; and (c) the alleged facts upon which the remedy sought. The grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall can be submitted in person or by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was duee-mail. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, HR Director or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and will respond in writing to the grievant, the Union Business Representative who filed the grievance, and the Council Representative within fourteen fifteen (1415) calendar days of the date the grievance was received, or date of the Step 1 meeting.
Step 4, whichever was later. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is dueat Step 1, the Union shall have ninety may appeal the grievance directly to the Agency Executive Director, or Executive level designee, within fifteen (9015) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to after the office of Human ResourcesStep 1 response. The Union shall make a good faith effort to reduce the ninety Agency Executive Director, or Executive level designee, will respond in writing within fifteen (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (1015) calendar days thereafter after receipt of the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten grievance or fifteen (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (515) calendar days following the receipt of the list Step 2 meeting, whichever is later. No person/department may be designated to select an arbitrator in the followingprovide a response at both Step 1 and Step 2.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances The following are the implementation steps and procedures for handling members’ grievances:
A. Step One – Supervisor
1. When a member has a grievance, he/she shall be settled then submit said grievance in accordance with writing to his/her supervisor on the following procedure. However, grievance form agreed upon mutual agreement of by the parties, any step in the procedure may . Such form must be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance submitted to the appropriate supervisor no later than thirty within seven (307) calendar days from following the date that the employee, through the use of reasonable diligence had or should have had, knowledge member becomes aware of the event(s) event or occurrence giving rise to the grievance. This meeting The supervisor shall date stamp the Form on the date of his receipt of it. Grievances submitted beyond the seven (7) day time limit need not be considered.
2. Within five (5) calendar days of the receipt of the written grievance, the supervisor shall affix his written response to the Form, date and sign his response, and return one copy of it to the grievant. If the aggrieved member does not refer the grievance to the Second Step of this Procedure within five (5) calendar days after his receipt of the decision rendered in this Step, the grievance shall be held considered to be satisfactorily resolved.
B. Step Two – Chief (or his designee)
1. Should the member-grievant not be satisfied with the answer in Step One, within fourteen seven (147) calendar days after receipt of the Step One response (or seven (7) calendar days after the Step One meeting if no written response is received) he may appeal the grievance to Step Two by delivering a copy of the grievance form, containing the written response at the prior step and any other pertinent documents, to the Chief (or his designee). The Chief or his designee shall date the form, accurately showing the date his Office received the form.
2. The Chief or his designee shall, within seven (7) calendar days of receipt of the requestwritten grievance, schedule and conduct a meeting to discuss the grievance with the grievant and/or grievance chairman or his designee. The supervisor, employee(s) Chief or his designee may bring with him to the meeting the member-grievant and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matterappropriate grievance representatives. The supervisor shall respond to Chief or his designee and the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union employee may submit it to Step Twobring any appropriate witnesses.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen Within seven (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (147) calendar days of the meeting.
meeting at Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is dueTwo, the Union Chief or his designee shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent submit his written response to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followinggrievance.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances Grievances shall be settled in accordance with according to the following procedure. However:
(a) STEP 1: As soon as is practicable after a grievance has been received or filed, upon mutual agreement of the parties, any step in crew representative shall meet with the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance Production Manager to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) discuss and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with grievance in a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meetingfair and amicable manner. If the grievance remains unresolvedTechnician, crew representative and the Union may submit it to Step Two.
Step 2. If Production Manager are satisfied with the grievance has not been settled, it shall be submitted in writing, stating the nature proposed resolution of the grievance, the specific provisions(sgrievance procedure ends.
(b) STEP 2: A Technician, Crew Representative or Producer who is not satisfied with the proposed resolution of the Agreement in question, the alleged facts upon which grievance may refer the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen business office. Within forty-eight (1448) calendar days hours of the meeting.
Step 4. If receiving the grievance remains unresolved after at the response Union business office, an authorized representative of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days contact the Producer’s representative on the production to request arbitration by way discuss the grievance. In the event that the representative of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request and the Minnesota State Bureau representative of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators Producer cannot reach agreement within five (5) calendar days following after a meeting is arranged and held, the receipt matter shall be referred to the Business Manager of the list Union and the Labour Relations Representative of the Producer.
(c) STEP 3: In the event that the Business Manager of the Union and the Labour Relations Representative of the Producer are unable to select an arbitrator resolve the dispute within ten (10) calendar days after completion of Step 3, it shall be referred to Step 4, provided, however, that any dispute over the intent and application of this Agreement not resolved in Step 3 shall be submitted to the Consultation Committee in accordance with Article 2.06 before proceeding to Step 4.
(d) STEP 4: If the Producer and the Union cannot resolve the grievance within ten (10) calendar days after the completion of Step 3, or in the followingcase of a dispute submitted to the Consultation Committee, ten (10) calendar days after recommendations by the Consultation Committee, the grievance procedure under this Agreement shall be deemed to have been exhausted and either the Producer or the Union may proceed to final and binding arbitration pursuant to the Labour Relations Code of the Province of British Columbia before a Single Arbitrator selected from the list of Arbitrators of the B.C. Arbitrator’s Association, or from a list of arbitrators mutually agreed to by the Union and the CMPA-BC. An Arbitrator named on the above list may at any time by mutual agreement be bypassed or removed from the list and another Arbitrator substituted.
(i) If the Parties fail to agree on an Arbitrator within five (5) days after one Party has served written notice on the other Party of its referral of the matter to Arbitration, the Ministry of Labour shall, at the request of either Party, appoint the Arbitrator in accordance with section 86 of the Labour Relations Code. If one party refuses to participate in the selection process of an Arbitrator within five (5) days after one Party has served written notice on the other Party of its referral of the matter to Arbitration, then the Party which refuses to participate in the Arbitrator selection process shall be deemed to have waived the right to participate in that process and the Arbitrator shall be selected solely by the other Party. In either event, and regardless of whether one or both Parties participate in the ensuing arbitration process, the Arbitrator shall render a decision on the evidence and arguments presented which shall be final and binding on both Parties to the Agreement and fully enforceable in a Court of competent jurisdiction.
(ii) The Arbitrator shall have all necessary powers to determine the real issue in dispute according to the merits and, if appropriate, award monetary payments, or adjustments consistent herewith. The Arbitrator shall not have the authority to alter in any way provisions of this Agreement.
(iii) The Arbitrator’s fees and expenses and a court reporter’s fees (the latter only when both Parties request a reporter) shall be borne equally by both Parties. Expenses of witnesses, however, shall be borne by the Party who calls them.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall a. A grievance may be settled filed by any employee in accordance with his/her own behalf, or jointly by a group of employees, or by the following procedure. However, upon mutual agreement collective bargaining representative.
b. Within seven calendar days of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) event giving rise to a grievance, the grievancegrievant shall present the grievance informally for disposition by his/her immediate supervisor or at any appropriate level of authority. This meeting Presentation of an informal grievance shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond a prerequisite to the grievant with institution of a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. formal grievance.
c. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If grievant believes that the grievance has not been settledredressed within seven calendar days, it shall he/she may initiate a formal grievance within seven calendar days thereafter. A formal grievance can be submitted initiated only by completing and filing with the Executive Officer a form provided by him/her for this purpose.
d. Step 1
e. Step 2
1. If the grievance is not resolved in Step 1 to the satisfaction of the grievant, the party may, within not more than seven calendar days from his/her receipt of the Chief’s decision, request consideration of the grievance by the Executive Officer by so notifying the Executive Officer in writing.
2. Within fifteen calendar days after such notification, stating the nature of Executive Officer shall investigate the grievance, confer with persons affected and their representatives to the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is basedextent he/she deems necessary, and the relief requested to the appropriate Human Resourcesrender a decision in writing.
Step 3. If the grievance remains unsettled, a copy decision of the original written Executive Officer resolves the grievance to the satisfaction of grievant, it shall bind the Authority.
4. If the decision of the Executive Officer does not resolve the grievance to the satisfaction of grievant, grievant may file a final appeal to Step 3.
f. Step 3
1. A final appeal to Step 3 may be filed, in writing, with the Executive Officer not more than seven calendar days from receipt by grievant of the Executive Officer’s decision.
2. At Step 3, the grievance may be determined by an arbitrator selected by mutual agreement between grievant and Executive Officer, provided they also agree on the issues to be arbitrated. Otherwise, the grievance shall be submitted determined by the Union to Board of Review. In such event, the appropriate Human Resources Department decision of the Board of Review shall be made in writing within fourteen (14) thirty calendar days after the second step answer was given or was duefiling of the appeal.
3. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting decision of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head arbitrator or of the Administrative UnitBoard of Review, or their designeeas the case may be, the immediate supervisor shall be final and an appropriate Human Resources Department representative within fourteen (14) calendar days from the binding on all parties.
g. Any time they receive the written grievance. This meeting limit may be held with or without the extended only by mutual agreement in writing.
h. An aggrieved employee present. The head may be represented by any person of his/her choice at any stage of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days proceedings. A representative of the meetingcollective bargaining agent is entitled to be present at all meetings, conferences and hearings.
Step 4. If i. All expenses of arbitration shall be shared equally by Authority and grievant.
j. Failure on the grievance remains unresolved after part of Authority or grievant to appear before the response arbitrator, without good cause, shall result in forfeiture of the head case and responsibility for payment of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice all costs of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following.
Appears in 4 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. All grievances shall A grievance hereby is defined to be settled in accordance with any controversy, complaint, misunderstanding or dispute arising from the following procedure. Howeverinterpretation, upon mutual agreement application or observance or enforcement of any of the parties, provisions herein or any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meetingsupplement hereto. If the grievance remains unresolvedan employee has a grievance, the Union may submit it to Step Two.
Step 2. If the grievance has not been settledcomplaint or dispute, it shall be submitted handled in the following manner. For the purpose of the section, days are defined as official office days, Monday - Friday, excluding weekends and holidays. FIRST STEP: When an employee has a grievance, he shall notify the Grievance Representative of the Association within five (5) days of the occurrence or knowledge thereof. The grievance shall be in writing. The Grievance Representative shall, stating upon notification of an employee's grievance, along with the nature employee, discuss the grievance with each superior in rank, if possible, in the chain of command within five (5) days following notification of occurrence. Each superior in rank should attempt to settle the dispute with the Grievance Representative and the employee involved, following procedures as agreed to by TFCA and the Chief/Director. If the chain of command cannot be exhausted within seven (7) days after notification of the grievance, the specific provisions(sAssociation shall have the right to proceed to the next step. SECOND STEP: If at the end of twelve (12) days the dispute is not settled to the satisfaction of all parties concerned, the TFCA shall submit, in writing, the grievance to the Chief/Director of the Agreement in question, the alleged facts upon which the Department. Delivery of grievances and grievance is based, and the relief requested answers shall be at Department Headquarters or by email to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy Office of the original written grievance shall Chief, to be submitted followed up by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given an acknowledgement of receipt by either time stamp or was duereply email. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee Chief/Director shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If settle or have settled by his designated representative the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following after the receipt written submission to this office. If the answer of the list to select an arbitrator in Chief/Director or his designated representative is not satisfactory, then the followingemployee and the TFCA shall have seven
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" A grievance is defined as a dispute arising under and during the term of this Agreement with respect to an alleged violation of the express terms or conditions of this Agreement. A grievance must be presented in writing at Step One within ten (10) working days when of the appropriate Human Resources office is opendate the employee becomes aware or reasonably should have become aware of the occurrence giving rise to the grievance. Failure to file a grievance within such period shall constitute acceptance of the action taken by the Employer. Time limits specified in the Grievance Procedure are of the essence. If the Union does not file or appeal a grievance within the specified time limits, the grievance will automatically be disallowed. If the Employer does not respond within the specified time limits, the grievance will be deemed denied and shall automatically move to the next step. The time limits provided in the Grievance Procedure may be extended by a written agreement between the Employer and the Union. Any resolution or forfeiture of a grievance shall be final and binding upon the employee involved, the Union, and the Employer.
Step STEP 1. The Union Any employee having a grievance shall submit to the Monroe County Prosecutor a written grievance signed by the employee and the Chief ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve which states the matterfacts underlying the grievance, the specific provision(s) of the Agreement allegedly violated and the remedy sought. The supervisor shall respond to Prosecutor (or his designee) will sign for receipt of the grievant with grievance, note the date and time of receipt, and return a copy to the Chief ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due▇▇▇▇▇▇▇. The appropriate Human Resources Department shall convene a hearing Prosecutor (or his designee) will meet with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇ or ▇▇▇▇▇▇▇, ▇ and the head grievant within ten (10) working days following receipt of the Administrative Unit, or their designee, the immediate supervisor and a grievance in an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to grievance. A written answer will be submitted by the Union Business Representative Prosecutor (or his designee) within fourteen ten (1410) calendar working days of the following such meeting.
Step 4STEP 2. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is duenot satisfactorily resolved at Step One, the Union shall have ninety (90) calendar days to request arbitration Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ may appeal the decision by way of filing a letter of intent to arbitrate/written notice of arbitration. This letter of intent shall be sent to appeal with the office of County's Human Resources. The Union shall make a good faith effort to reduce the ninety Resources Director (90or his designee) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within within ten (10) calendar working days thereafter following receipt of the parties Step One answer. The Human Resources Director and the Prosecutor (or their respective designees), and such other persons as the Employer may deem appropriate, shall meet with the grievant, the Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ and the Association's Representative or his designee) as soon as a meeting can be arranged, but not later than thirty (30) working days following the date of the Step One answer, in an attempt to select an arbitrator by mutual agreementresolve the grievance. If The County's Human Resources Director shall furnish a written answer to the parties fail to mutually agree upon the selection of an arbitrator grievance within the said ten (10) calendar day period, working days after such meeting by delivering the Union shall immediately request answer to the Minnesota State Bureau of Mediation Services Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ and the American Arbitration Association to provide a list of seven Prosecutor (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingor his designee).
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure1. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" Definition: A grievance is defined as a dispute involving the days when alleged violation or the appropriate Human Resources office is openinterpretation of a specific provision of this Contract.
2. A grievance shall be processed as follows:
a. Step 1. One: The Union ▇▇▇▇▇▇▇ aggrieved administrator shall present a written request for a step one the grievance to the appropriate immediate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts event upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettledaffects more than one person, the Association may file a copy of the original written grievance grievance. The immediate supervisor shall be submitted by the Union to the appropriate Human Resources Department give an answer in writing within fourteen (14) calendar days.
b. Step Two: If the grievance is not resolved to the satisfaction of the grievant, the grievant may, within ten (10) days after the second step answer was given or was dueStep One answer, present the grievance in writing to the Superintendent. The appropriate Human Resources Department shall convene a hearing with Superintendent will make every effort to decide the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative grievance within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee presentdays. The head Superintendent will present a decision in writing.
c. Step Three: If the grievance is not resolved to the satisfaction of the Administrative Unit or their designee shall attempt to resolve grievant, the matter and respond grievant may, within ten (10) days after the Step Two answer, present the grievance in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4School Committee. If the grievance remains unresolved after the response of the head of the Administrative UnitThe School Committee, or their designeeits counsel, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall will make a good faith effort to reduce decide the ninety grievance within fourteen (9014) calendar day time limit whenever possible days. The School Committee, or its counsel, will present its decision in writing.
d. Step Four: If the grievance is not resolved to the satisfaction of the grievant, and particularly in cases involving a continuing back pay liabilityif the grievance involves interpretation or application of any provision of this Contract, the Association may, by giving written notice to the School Committee within fourteen (14) days after the end of Step Three, submit the grievance to arbitration. Within ten seven (107) calendar school days thereafter after such notice, the parties shall attempt to will mutually select an arbitrator by mutual agreementarbitrator. If the parties fail to mutually cannot agree upon the selection of on an arbitrator within the said ten (10) calendar day periodthat time, the Union shall immediately request Association may submit the Minnesota State Bureau grievance to binding arbitration under the Voluntary Labor Arbitration Rules of Mediation Services or the American Arbitration Association to provide a list of within seven (7) names of neutral arbitrators within five (5) calendar days following the receipt thereafter. The fees of the list to select an American Arbitration Association and of the arbitrator in and the followingexpenses of any required hearings shall be shared equally by the Committee and the Association, but each party shall bear the expenses of its representatives, participants, and for the preparation and representation of its own case.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" A grievance is defined as a claim or dispute by any bargaining unit employee or the days when Union concerning the appropriate Human Resources office interpretation or application of this Agreement. The parties encourage open communication between employees and their supervisors. Prompt resolution of personnel issues is openimportant for good relations, fairness and efficient operation.
Step 1. The Grievances shall initially be taken up orally by the employee and/or the Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to and/or Union Representative with the appropriate immediate supervisor no later than thirty (30) calendar days from or the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall Program Manager in an attempt to resolve settle the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twomatter on an informal basis.
Step 2. If the grievance has is not been settledsatisfactorily settled at Step 1, it shall be reduced to writing by the employee or his/her representative and submitted to the Associate Director in writingMarin County, stating or the Director of San Francisco Programs in San Francisco County. Such written grievance shall contain a clear written statement of the nature of the grievance, the specific provisions(sdate of the alleged violation, the Section(s) of the Agreement in question, the alleged facts upon on which the grievance is based, and the relief requested to the appropriate Human Resourcesthe
Step 3. If the grievance remains unsettledis not satisfactorily settled at Step 2, a copy of it may be presented in writing to the original written grievance shall be submitted Executive Director or designee by the Union to the appropriate Human Resources Department within fourteen seven (147) calendar days after the second step answer was given or was dueStep 2 is completed.
Step 4. The appropriate Human Resources Department shall convene Provided a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond request is made in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If Executive Director’s or designee’s response, if the grievance still remains unresolved after unresolved, it may be directly referred by the response Union to binding arbitration. Upon receipt of a written request for arbitration of a grievance or dispute under this procedure, the head of the Administrative Unit, or their designee, is given or is due, Employer and the Union shall have ninety (90) calendar days to request arbitration by way of select a letter of intent to arbitrate/notice of arbitrationmutually agreeable impartial arbitrator. This letter of intent shall be sent to In the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter event that the parties shall attempt to select cannot agree on an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an impartial arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names calendar days after receipt of neutral arbitrators within the written request for arbitration, either party may request the Federal Mediation and Conciliation Service to submit a list of five (5) representative arbitrators. Each party shall alternately scratch two (2) names from the list, the first scratch being selected by lot, and the person remaining shall be the arbitrator. The arbitrator shall not have the power to add to, subtract from or modify the terms of this Agreement. All expenses of arbitration, 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 following the receipt of the list arbitration hearing. Time limits may be extended or waived only by mutual agreement of the parties. If either party fails to select comply with the grievance time limits, the 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 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) only an arbitrator in the followingoral bench decision shall be required.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Labor Contract, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances (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 where an allegation is made that this Agreement has been violated, such dispute shall be settled without interruption of the Employer’s business in accordance with the following procedure. Howevermanner: Step One: An employee shall within ten (10) working days of becoming aware of an occurrence that could become the matter of a grievance, upon mutual agreement bring the incident to the attention of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1his immediate supervisor verbally. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The immediate supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ verbally within fourteen five (145) calendar working days following of the meeting. Step Two: If the grievance remains unresolvedis not resolved at Step One of the grievance procedure, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union put in writing and presented to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was dueimmediate supervisor. The appropriate Human Resources Department Operations Manager shall convene arrange a hearing with meeting of both parties to discuss the Union Business Representative, grievance within ten (10) working days of receiving the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter grievance and respond to the grievance in writing to the Union Business Representative within fourteen five (145) calendar working days of the meeting.
(b) Failing satisfactory settlement being reached in Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is dueTwo, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within shall, within ten (10) calendar working days thereafter from the parties day the General Manager rendered his decision, give fifteen (15) working days notice in writing to the General Manager of its intention to refer the dispute to arbitration.
(c) Within fifteen (15) working days of a grievance being referred to arbitration the Employer and the Union will agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall attempt be borne in equal amounts by the Union and the Employer. The Arbitrator shall not have the power to select an arbitrator by mutual agreement. If alter, amend, modify, change, or make any decision inconsistent with the parties fail to mutually agree upon provisions of the selection Collective Agreement.
(d) In the case of an arbitrator within the said ten (10) calendar day perioda suspension or discharge, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt grievance may be submitted at Step 2 of the list to select an arbitrator in grievance process.
(e) For any matter where the followingemployee has a meeting with the Employer at any step of the grievance procedure concerning a grievance or potential grievance, the employee may be accompanied by representatives of the Union.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All 20.01 The parties to this Agreement recognize the Stewards and the Union Representatives specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
20.02 The Employer or the Union shall not be settled in accordance with required to consider or process any grievance which arose out of any action or condition more than five (5) workdays after the following proceduresubject of such grievance occurred. HoweverIf the action or condition is of a continuing or recurring nature, upon mutual agreement this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" Agreement.
20.03 A “Group Grievance” is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union a single grievance, signed by a ▇▇▇▇▇▇▇ shall present or a written request for Union Representative on behalf of a step group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. The grievors will be listed on the grievance form.
20.04 A “Policy Grievance” is defined as one grievance which involves a question relating to the appropriate supervisor no later than thirty (30) calendar days from the date the employeeinterpretation, through the use of reasonable diligence had application or should have had, knowledge administration of the event(s) giving rise to the grievanceAgreement. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union A Policy Grievance may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union either party to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was duearbitration under Article 20, by- passing Steps 1 and 2. The appropriate Human Resources Department Such Policy Grievance shall convene be signed by a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and a Union Representative, or in the appropriate Union case of an Employer's Policy Grievance, by the Employer or his representative.
20.05 Step 1 Any employee having a grievance will, accompanied by a ▇▇▇▇▇▇▇▇ or a Union Representative, submit the head of the Administrative Unit, or their designee, the same to his immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar work days of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third work day following the receipt day upon which the grievance is submitted and will notify the grievor and the Union Representative of the list to select an arbitrator his decision in the followingwriting.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance Step 1 The aggrieved employee may, with or without PBA representation, submit a written grievance on the following procedure. However, upon mutual agreement prescribed form to the Office of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty Police Chief within twenty (3020) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee. The written grievance at this step, through and at all steps thereafter, shall contain the use of reasonable diligence had or should have had, knowledge following information:
1. A statement of the event(sgrievance including date of occurrence, details, and facts upon which the grievance is based.
2. The article and section, if appropriate, of the Agreement alleged to have been violated.
3. The action, remedy, or solution requested by the employee.
4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances.
5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/grievant or the PBA shall have five (5) giving rise additional calendar days to fully complete and resubmit the grievance. This meeting shall be held within fourteen Within fifteen (1415) calendar days of receipt of the requestgrievance, the Police Chief or designee shall meet with the grievant and/or the PBA representative, if applicable, to discuss and seek a solution to the grievance. The supervisorWithin seven (7) calendar days after the meeting, employee(s) and Union ▇▇▇▇▇▇▇ the Police Chief or designee shall attempt to resolve the matter. The supervisor shall respond give a response in writing to the grievant with a copy to and the ▇▇▇▇▇▇▇ within fourteen (14) calendar days PBA representative as the case may be. The written response at this step and all steps thereafter shall contain the following the meetinginformation:
1. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature An affirmation or denial of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based.
2. An analysis of the alleged violation of the Agreement.
3. The remedy or solution, and the relief requested if any, to be made.
4. Signature of the appropriate Human Resourcesmanagement representative.
Step 3. 2 If the grievance remains unsettledis not resolved at Step 1, the aggrieved employee and/or PBA representative, if applicable, may submit a copy written appeal to the Labor Relations Office within fifteen (15) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance shall be submitted by on the Union prescribed form to the appropriate Human Resources Department Labor Relations Office within fourteen twenty (1420) calendar days after the second step answer was given or was dueoccurrence of the matter from which the grievance arose. The appropriate Human Resources Department Labor Relations Manager or designee, if deemed appropriate, shall convene a hearing meet with the Union Business Representativeaggrieved employee, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇Department management, and the appropriate Union ▇▇▇▇▇▇▇PBA representative, the head of the Administrative Unitif applicable, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen fifteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (1415) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response receipt of the head written appeal to discuss and seek a resolution of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety grievance. Within fifteen (9015) calendar days to request arbitration by way of after this meeting, the Labor Relations Manager or designee shall give a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent written recommendation to the office of Human ResourcesPolice Chief or designee and to the aggrieved employee and/or PBA representative, if applicable. The Union shall Police Chief will then have fifteen (15) days to make a good faith effort any changes to reduce the ninety (90) calendar day time limit whenever possible disciplinary action following the recommendation by the Labor Relations Manager or designee. In the event the PBA representative; the employee, if not represented by the PBA; and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to Labor Relations Manager or designee mutually agree upon the selection of an arbitrator within the said ten (10) calendar day periodto waive Step 2, the Union shall immediately request the Minnesota State Bureau PBA or aggrieved employee may proceed directly to arbitration as described in Article 10 of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingthis Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. 1 The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had with or should have hadwithout a union representative, knowledge of the event(s) giving rise may file a grievance in writing to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative (first level of management) to whom the employee reports, within fourteen (14) calendar days from the occurrence or the time they receive when the written employee should reasonably have been aware of the occurrence giving rise to the grievance. This The grievance shall set forth the employee’s complaint, the provision(s) of this Agreement allegedly violated, and the requested remedy. Upon receipt of the grievance, the immediate supervisor shall acknowledge receipt of the grievance and propose meeting may be held dates via email to the employee and the designated union representative. The immediate supervisor shall meet with the employee and union representative(s) and shall respond in writing no later than fourteen (14) calendar days from the date the grievance was filed.
Step 2 If the grievance is unresolved, the employee, with or without a union representative, may advance the aggrieved grievance to the appropriate administrator or designee within fourteen (14) calendar days of receiving the Step 1 response. Upon receipt of the grievance, the administrator or designee shall acknowledge receipt of the grievance and propose meeting dates via e-mail to the employee presentand designated union representative(s). The head of the Administrative Unit administrator or their designee shall attempt to resolve meet with the matter grievant and union representative(s) and shall respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetingdate the Step 2 response was filed.
Step 4. 3 If the grievance remains unresolved after is unresolved, the response employee, with or without a union representative, may file the grievance with the Hospital CEO or designee within fourteen (14) calendar days of receiving the Step 2 response. Upon receipt of the head grievance, the CEO or designee shall acknowledge receipt of the Administrative Unit, grievance and propose meeting dates via email to the employee and designated union representative(s). The CEO or their designee, designee will meet with the grievant and union representative(s) and shall respond in writing within fourteen (14) calendar days of the date the Step 3 response was filed.
Step 4 If the issue is given or is dueunresolved, the Union shall have ninety may, within fourteen (9014) calendar days of receiving the CEO's decision in writing, request non-binding mediation through the Federal Mediation or Conciliation Service, or proceed directly to request arbitration by way in accordance with 8.6 below.
Step 5 If Hospital does not agree to mediation or if mediation does not result in resolution of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day periodgrievance, the Union shall immediately request the Minnesota State Bureau may, within fourteen (14) days of Mediation Services Hospital’s decision not to participate in mediation or the American Arbitration Association to provide a list of seven within fourteen (714) names of neutral arbitrators within five (5) calendar days following the receipt of the list mediation session, provide written notice to select an arbitrator the CEO or designee of its intent to arbitrate the grievance in the followingaccordance with 8.F below.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances The following procedure shall be settled used for the resolution of differences referred to in accordance with Article 9.01, other than for the following procedure. However, upon mutual agreement suspension or dismissal of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.employees:
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within 1 Within fourteen (14) calendar days of receipt when the employee first becomes aware of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond matter giving rise to the grievant difference, the employee with a copy to or without the ▇▇▇▇▇▇▇ within fourteen (14at the employee's choice) calendar days following shall discuss the meetingdifference in a meeting with the immediate supervisor. If Where the grievance remains unresolvedimmediate supervisor is also the Step 2 designate, the Union this stage may submit it to Step Twobe eliminated.
Step 2. 2 If the grievance has difference is not been settledsatisfactorily settled under Step 1 then, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department completion of Step 1, the employee with a ▇▇▇▇▇▇▇ shall convene a hearing meet with the Union Business Representativerepresentative designated by the Employer with the authority to handle grievances at Step 2 to discuss and submit the grievance in writing. Within a further seven (7) calendar days of receipt of the written grievance, the Union Grievance Committee consisting of representative designated by the Local Union President, Chief Employer shall give a written response to the employee and the ▇▇▇▇▇▇▇. Should the grievance be denied, and written explanations shall be given. If the appropriate Union grievance is not satisfactorily settled under Step 2, then the ▇▇▇▇▇▇▇, ▇ shall notify the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative Union within fourteen seven (147) calendar days from of receipt of the time they receive written response to the grievance. Where the Union submits the written grievance. This meeting may , Step 1 shall be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter eliminated and respond in writing to the Union Business Representative shall be substituted for the employee in Step 2.
Step 3 The Union shall, within a further fourteen (14) calendar days of the meeting.
Step 4. If this notification, discuss the grievance remains unresolved after with the response representative designated by the Employer with the authority to handle grievances at Step 3 (who shall be outside the bargaining unit). Within a further seven (7) calendar days of the head of the Administrative Unit, or their designee, is given or is dueStep 3 meeting, the Union representative designated by the Employer shall have respond in writing to the Union. Should the grievance be denied, written reasons for denial shall be given. Failing settlement at this step, the grievance may be referred to Industry Troubleshooter and/or arbitration within ninety (90) calendar days to request arbitration by way from the date of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent written response to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingUnion.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances A grievance shall be settled defined as any difference arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement.
(A) In order to provide an orderly procedure for the settling of grievances, the Employer acknowledges the right of the Union to appoint, or otherwise select a Grievance Committee of five (5) members, who shall process any grievance in their department in accordance with the following procedureGrievance Procedure.
(B) The Employer shall recognize the Shop Stewards selected by the Union. However, upon mutual agreement Shop Stewards shall investigate and attempt to settle disputes before reaching the Grievance Committee.
(C) The Union shall notify the Employer in writing of the parties, any step in the procedure may be waived. For purposes name of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union each Grievance Committee member and Shop ▇▇▇▇▇▇▇ before the Employer shall present a written request for a step one grievance be required to recognize them.
(D) In order that the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge work of the event(sEmployer shall not be unreasonably interrupted, Shop Stewards are required to advise their Supervisor of their time of departure and return to their regular duties when acting as Shop Stewards.
(E) giving rise to Should a dispute arise between the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, Employer and any employee(s) and or the Union an ▇▇▇▇▇▇▇ effort shall attempt be made to resolve settle the matter. The dispute fairly and promptly in the following manner:
Step 1: Within fifteen (15) working days from the date the employee became aware of the alleged violation of the Collective Agreement, the employee shall discuss the matter with their immediate supervisor shall respond to the grievant with a copy view to resolving the issue. Failing settlement at this stage, all grievances and replies shall be put in writing in all further stages of the grievance procedure.
Step 2: If the Shop ▇▇▇▇▇▇▇ and/or the grievance committee consider the grievance to be justified, a written grievance form will be submitted and the grievor along with the ▇▇▇▇▇▇▇ will seek to settle the dispute with the employee's work site excluded supervisor/Department Head, with a copy to the District Principal of Human Resources within fourteen ten (1410) calendar days following the meeting. working days.
Step 3: If the grievance remains unresolvedis not resolved within ten (10) working days of the meeting referred to in Step 2, the grievance may be presented in written form to the Associate Superintendent - Human Resources. The Associate Superintendent - Human Resources will meet with the grievor along with their Union representative in an attempt to resolve the dispute.
Step 4: If the grievance is not resolved within ten (10) working days of the meeting referred to in Step 3, the Union may submit it within ten (10) working days of receipt of the written decision under Step 3, refer the matter to the Step Two4 Hearing Committee composed of two (2) appointees from the Union and two appointees from the Employer. Union appointees will be at no cost to the Board.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
5: Failing agreement being reached at Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative4, the Union Grievance Committee consisting of may refer the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (dispute to Arbitration as per Article 14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within receive replies at each step within ten (10) calendar working days thereafter and will proceed to the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator succeeding step within the said ten (10) calendar day periodworking days if applicable unless mutually agreed to otherwise.
(F) The grievant shall have the right to be present at any step of the aforementioned procedure.
(G) The Employer agrees that, after a grievance has been initiated by the Union, the Union shall immediately request Employer’s representative will not enter into discussion or negotiation with respect to the Minnesota State Bureau grievance, either directly or indirectly, with the aggrieved employee(s) without the consent of Mediation Services the Union.
(H) Where a dispute involves a question of general application of interpretation or the American Arbitration Association to provide where a list of seven (7) names of neutral arbitrators within dispute involves five (5) calendar days following or more employees, or dismissal of an employee, Steps 1 and 2 may be bypassed.
(I) Replies to written grievances shall be in writing at all stages.
(J) Grievances settled satisfactorily within the receipt time allowed shall date from the time that the grievance was filed.
(K) The Employer shall supply the necessary facilities for the grievance meetings.
(L) Employees together with their Shop Stewards shall have access to all information in their personnel file.
(M) If the grievant, Union or Management fails to process a grievance to the next step in the grievance procedure within the time limits specified they shall request an extension of the list to select an arbitrator time limits in writing. Such requests shall not be unreasonably denied by the followingother party.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All (a) The Employer and the Union recognize that grievances may arise concerning:
i. differences between the Parties respecting the interpretation, application, operation, or any alleged violation of a provision of this Agreement, including a question as to whether or not a matter is subject to arbitration; or
ii. the dismissal, discipline, or suspension of an employee bound by this Agreement.
(b) The procedure for resolving a grievance shall be settled the grievance procedure in accordance with this Article.
(c) Where the following Union or the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. However, upon mutual .
(d) The time limits set out below may be altered by agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1: Within seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the alleged violation giving rise to the grievance, the employee shall, with or without a Union representative (at the employee’s choice), discuss the matter with the immediate supervisor who is excluded from the bargaining unit. Within seven (7) calendar days from the discussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative.
Step 2: If the matter is not resolved in the informal process in Step 1, the employee with the assistance of the Shop ▇▇▇▇▇▇▇ or Union Committee Member, may submit a written grievance not later than seven (7) calendar days after Step 1 is completed to the Chief Executive Officer of their designate setting out the nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The grievance shall be transmitted to the Employer by the Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use or Union Committee Member. Receipt of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall Grievance by designated management representative must be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union confirmed by union ▇▇▇▇▇▇▇ shall attempt to resolve the matter▇. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen Within seven (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (147) calendar days after the second step answer was given receipt of the written grievance, the Chief Executive Officer or was due. The appropriate Human Resources Department their designate shall convene give a hearing with written response to the employee and the Union Business Representativerepresentative and, if the grievance is denied, the response will include an explanation for the denial.
Step 3: The Employer and the Union Grievance Committee consisting of the Local Union PresidentStaff representative, Chief with a ▇▇▇▇▇▇▇, and shall meet within twenty-one (21) days or other mutually agreed time to discuss the appropriate Union ▇▇▇▇▇▇▇, the head grievance. At this step of the Administrative Unit, or their designee, grievance procedure each party shall provide to the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee presentother all relevant documents. The head decision of the Administrative Unit or their designee Employer shall attempt to resolve the matter and respond in writing be presented to the Union Business Representative in writing within fourteen seven (147) calendar days of the meeting.
Step 4. If the grievance remains unresolved after is not settled at this step either party may refer the response of grievance to arbitration under Article 9. Both parties agree that their representatives at the head of Step 3 meeting have the Administrative Unit, or their designee, is given or is due, authority to resolve the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followinggrievance.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances 1. Any matter involving the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be submitted to arbitration.
2. The Union shall designate a committee of three (3) representatives of its own choosing, and the Employer will select three (3) representatives of its own choosing, to form the Grievance Committee to take up matters arising from the application of this Agreement or affecting the relations of the employees and the Employer. If the Union designates employees to be settled on the Grievance Committee, such employees must be designated from amongst the Shop Stewards. The Parties will advise each other of the persons designated to the Grievance Committee.
3. If a difference arises which results in a grievance, the employee(s) shall continue to work in accordance with the following procedureAgreement until the grievance is settled.
4. HoweverThe Employer, the Union, or the employee having a grievance, dispute, or complaint will submit same within seven (7) calendar days upon mutual agreement becoming aware of the partiesevent giving rise to such grievance, any step in the procedure may dispute, or complaint. The following steps will be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.observed:
Step 1. The : Any issue raised by the Union shall first be initiated by the Shop ▇▇▇▇▇▇▇ shall present with the department supervisor. In the event a written request for a step one grievance to dispute or disagreement is not resolved between the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union Shop ▇▇▇▇▇▇▇ shall attempt to resolve and the matter. The department supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen seven (147) calendar days following of the meeting. If the grievance remains unresolved, the Union may submit time it to Step Two.
Step 2. If the grievance has not been settledis initiated, it shall be submitted in writingby the initiating party to the other party.
Step 2: A meeting between the Supervisor and Director, stating the nature of the grievanceProduction or their designate, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, grievor and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief Shop ▇▇▇▇▇▇▇(s), and will be established within seven (7) days to try to resolve the appropriate Union ▇▇▇▇▇▇▇issue. If no satisfactory resolution is reached, the head of the Administrative Unitgrievance may, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen seven (147) calendar days from of being submitted in writing, be referred to the next step.
Step 3: A meeting between a representative(s) of the Union and a representative(s) of the Employer will be held within ten (10) calendar days, or other time they receive the written grievance. This meeting that may be held with or without mutually agreed upon, to meet and discuss the aggrieved employee presentgrievance and attempt to find a resolution. The head By mutual agreement, the parties may submit the grievance to the mediation Division of the Administrative Unit or their designee shall attempt to resolve B.C. Labour Relations Board following receipt of the matter and respond reply at Step 3 of the Grievance Procedure.
Step 4: Failing settlement of the grievance at Step 3, the grieving party will notify the other party, in writing to the Union Business Representative writing, within fourteen twenty-one (1421) calendar days of the meetingdecision that it intends to submit the matter to arbitration.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances Should differences arise between NOPFMI, the Council and/or any regular full-time employee, who has completed his introductory period, over whether a specific provision of this Agreement has been violated, the following procedure shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.followed:
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance employee may take the matter to his supervisor on an informal basis, in order to settle the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twomatter promptly.
Step 2. If the grievance has is not been settledsatisfactorily settled in STEP 1, it shall be submitted an aggrieved employee then may have the Council assist him, if he so desires, in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, a meeting with his supervisor and the relief requested to the appropriate Human ResourcesNOPFMI’s Department Head.
Step 3. If the grievance remains unsettledis not satisfactorily settled in STEPS 1 or 2, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators Council shall, within five (5) 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 Agreement which allegedly have been violated and no others may, thereafter, be relied upon. Failure to file such written grievance within five (5) calendar days from the 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 following means: Upon person to person verbal communication of the action to the employee; by leaving verbal notice of the action on the employee’s voice mail or directly through telephone contact; by depositing in the U.S. mail and copying the employee’s union representative with notice of the action; or, by any electronic means of messaging. Time shall be considered of the essence in satisfying this five (5) 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 list time such grievance meeting is adjourned. The failure of NOPFMI to select an arbitrator issue a decision in writing results in the followinggrievance being denied at the end of the seven (7) calendar day period.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with A. A grievance is an unsettled complaint by a teacher, group of teachers, or the following procedure. HoweverUnion alleging that there has been a violation, upon mutual agreement misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the partiesBoard relating to wages, any step in the procedure may be waived. For purposes hours or terms and conditions of this Article, "working days" is defined as the days when the appropriate Human Resources office is openemployment.
Step 1. The Union ▇▇▇▇▇▇▇ grievance procedure shall present not apply to any matter which is prescribed by law or state regulations over which the Board is without power to act. Any dispute involving a written request for 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 shall be made the subject of a step one grievance grievance.
3. If an employee elects to process a discharge through the Tenure Commission, such employee shall be stopped from access to the appropriate supervisor no later than thirty (30) calendar days from grievance procedure for such discharge.
4. A grievance must be filed within nine months following the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) incident giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of .
B. If the request. The supervisor, employee(s) Building Liaison Board and Union ▇▇▇▇▇▇▇ shall attempt the District-Wide Liaison Board are unable to resolve the matterissue within twenty (20) school days or 4 calendar weeks, whichever is earlier, a formal grievance may be filed within five (5) school days 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. The supervisor A copy of the grievance form shall respond be delivered to the grievant 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 copy to representative designated by the ▇▇▇▇▇▇▇ within fourteen Superintendent.
D. Within three (143) school days or three (3) calendar days following the meeting. If the grievance remains unresolvedweeks, the Union may submit it to Step Two.
Step 2. If the grievance has not been settledwhichever is earlier, it shall be submitted in writing, stating the nature after receipt of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance principal or supervisor shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing meet with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and in an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt effort to resolve the matter and respond 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 Business Representative within fourteen Union.
E. Within twenty (1420) school days or four (4) calendar days weeks, whichever is earlier, after the delivery of the meetingdecision, the grievance may be appealed to the Superintendent.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. F. Within ten (10) school days or three (3) calendar days thereafter weeks, whichever is earlier, after delivery of the parties decision, the Superintendent or his designee shall attempt meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the grievance in writing, along with the reasons there- fore, and shall furnish a copy thereof to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said Union.
G. Within ten (10) calendar day periodschool days after delivery of the decision of the Superintendent or his designee, the grievance may be appealed 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. At such hearing, the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing including witnesses shall immediately request be given at least three (3) days notice of the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of hearing.
I. Within seven (7) names of neutral arbitrators within five 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 (5if any) calendar and to the aggrieved.
J. Within ten (10) days following the after receipt of the list decision of the Board, the Union may appeal the decision to select an arbitrator in binding arbitration under the followingauspices and rules of the American Arbitration Association.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
A. Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step : Within twenty-one grievance to the appropriate supervisor no later than thirty (3021) calendar days from after the date the employeegrievant, through the use of reasonable diligence had or diligence, should have had, knowledge of the event(s) event giving rise to the grievance, the grievant and/or Association representative shall arrange a meeting with the grievant's immediate supervisor to resolve the grievance. This meeting The grievance shall be held identified as such and must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fourteen fifteen (1415) calendar days of receipt said meeting.
B. Step 2: If the grievance is not resolved to the satisfaction of the request. The supervisorAssociation at Step 1 of this procedure, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ Association may within fourteen fifteen (1415) calendar days following after the meeting. If immediate supervisor's response is given or due, whichever comes first, present the grievance remains unresolvedin writing to the Appointing Authority's Human Resources office, or other party as designated by the Union may submit it Appointing Authority to Step Two.
Step 2process grievances. If the The written grievance has not been settled, it shall be submitted in writing, stating state the nature of the grievance, the specific provisions(sfacts upon which it is based, the provision(s) of the Agreement in question, the alleged facts upon which the grievance is basedallegedly violated, and the relief requested to the appropriate Human Resources
Step 3requested. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen Within fifteen (1415) calendar days after the second step answer was given or was due. The appropriate Appointing Authority's Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unitoffice, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive other party as designated receives the written grievance. This , the Appointing Authority's representative shall arrange a meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt Association Representative to resolve the matter and grievance. The Appointing Authority's representative shall respond to the grievance in writing to the Union Business Representative Association Representative(s) and the Association within fourteen fifteen (1415) calendar days of the meeting.
C. Step 4. 3: If the grievance still remains unresolved the Association may within fifteen (15) calendar days after the response of the head Appointing Authority or their designee is due request arbitration of the Administrative Unitgrievance, or their designeeby written notice to the State Negotiator. The arbitration proceedings shall be conducted by a three member Board of Arbitration composed of one (1) representative of the Association, is given or is dueone (1) representative of the Employer, and one (1) neutral member. The neutral member shall be selected by the Union shall have ninety parties within seven (907) calendar days to request arbitration by way of a letter of intent to arbitrate/after notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreementis given. If the parties fail to mutually agree upon on the selection of an arbitrator neutral member within the said ten seven (107) calendar day period, the Union shall immediately either party may request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide submit a list of five (5) arbitrators. Each party shall have the right to alternately strike two (2) names from the list. If the parties fail to agree as to which party shall strike the first name, the decision shall be made by the flip of a coin. Instead of a three member Board of Arbitration, the Association and the Employer may mutually agree to submit the grievance to a sole arbitrator. If the parties agree to submit the grievance to a sole arbitrator, and the parties fail to agree on the arbitrator within seven (7) names of neutral arbitrators within five (5) calendar days following after the receipt notice of arbitration is received, the arbitrator shall be selected in the same manner as the neutral member of the list to select an arbitrator in the followingBoard of Arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall An employee who contends that there has been a violation of the terms of this Agreement will first endeavor to rectify the alleged violation informally through discussion with his or her immediate supervisor/Department Head. Such discussion will be for a mutually convenient time, and will be scheduled as expeditiously as possible. The grievance may be presented at such an informal meeting by the grievant or by one officer or grievance committee member of Chapter R1-94. If the matter is not settled in accordance with to the following satisfaction of the grievant, the matter may then be moved to the first step of the grievance procedure. However, upon mutual agreement The filing of the partiesgrievance must occur within fourteen (14) days of the alleged violation or violations or of the date the employee knew, any step in or should have known, of the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is openalleged violation or violations.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a grievance will be submitted in written request for a step one grievance form to the appropriate supervisor no later than thirty Department Head (30) calendar days from for Library Employees, the date Library Director). For purposes of this Agreement, the employee, through the use of reasonable diligence had or should have had, knowledge grievance must state which Article of the event(sAgreement has allegedly been violated and the relief or action sought. The Department Head will answer the grievance in writing, such answer to be given within ten (10) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meetingwritten grievance. If no additional action is taken by the Union within eighteen (18) days of receipt of the answer, the grievance remains unresolved, the Union may submit it to Step Twowill be considered settled.
Step 2. If the answer received at step one is unacceptable to the Union, the grievance has not been settledmay be moved to the second step of the grievance procedure. The grievance must be submitted, it shall be submitted in writing, stating within ten (10) days of receipt of the nature first step answer, to the Town Manager. The written grievance will state what Article of the Agreement is alleged to have been violated and the relief or action sought. The Town Manager may request a meeting with the representative of the Union to discuss the grievance, the specific provisions(ssuch meeting to be held within fifteen (15) days of receipt of the Agreement in questionsecond step grievance. Whether such a meeting is held or not, the alleged facts upon which Town Manager will answer the grievance is based, and within eighteen (18) days of receipt of the relief requested to the appropriate Human Resourcessecond step grievance.
Step 3. If the answer received is unacceptable to the Union, the grievance remains unsettled, a copy may be moved to the third step of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was dueprocedure. The appropriate Human Resources Department shall convene a hearing with the Union Business Representativegrievance must be submitted, the Union Grievance Committee consisting of the Local Union Presidentin writing, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter of receipt of the parties shall attempt third step answer, to select an arbitrator by mutual agreementthe Select Board. The written grievance will state what Article of the Agreement is alleged to have been violated and the relief or action sought. The Select Board may request a meeting with the representative of the Union to discuss the grievance, such meeting to be held within fifteen (15) days of receipt of the third step grievance. Whether such a meeting is held or not, the Select Board will answer the grievance within eighteen (18) days of receipt of the third step grievance. If the parties fail Union fails to mutually agree upon notify the selection Town, through its Select Board, of an arbitrator its intention to take the case to arbitration within the said ten fifteen (1015) calendar day period, the Union shall immediately request the Minnesota State Bureau days of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator third step answer, the grievance will be considered settled. All grievance meetings will be in the followingexecutive session.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances A. First Step - An attempt shall be settled made to resolve any grievance in accordance informal, verbal discussion between complainant and their program administrator.
B. Second Step - If the grievance cannot be resolved informally, the aggrieved employee shall file the grievance in writing with the following procedureprogram administrator, and, at a mutually agreeable time, discuss the matter with the program administrator. However, upon mutual agreement The written grievance shall state the nature of the partiesgrievance, any step in shall note the procedure may specific clause or clauses of the contract alleged to be waived. For purposes of this Articlemisrepresented, "working days" is defined as violated or misapplied, and shall state the days when the appropriate Human Resources office is open.
Step 1remedy requested. The Union ▇▇▇▇▇▇▇ shall present a filing of the formal, written request for a grievance at the second step one grievance to the appropriate supervisor no later than thirty must be within twenty (3020) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) occurrence of the event giving rise to the grievance. This meeting The program administrator shall be held make a decision on the grievance and communicate it in writing to the employee and the Superintendent within fourteen ten (1410) calendar school days of after receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twogrievance.
C. Third Step 2. If - In the event a grievance has not been settledsatisfactorily resolved at the second step, it the aggrieved employee shall be submitted in writingfile, stating the nature within five (5) school days of the grievance, program administrator’s written decision at the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettledsecond step, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liabilitySuperintendent. Within ten (10) calendar school days thereafter after such written grievance is filed, the parties aggrieved and the Superintendent or their designee shall attempt meet to select discuss the grievance. The Superintendent/designee shall file an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator answer within the said ten (10) calendar day periodschool days of the third step grievance meeting and communicate it in writing to the employee and the program administrator.
D. Fourth Step - If the grievance is not resolved satisfactorily at step three, there shall be available a fourth step of impartial, binding arbitration. The Association may submit, in writing, a request on behalf of the Union shall immediately request Association and the Minnesota State Bureau grieving employee to the Superintendent within thirty (30) days from receipt of Mediation Services or the Step Three answer, to enter into such arbitration; the arbitrator to be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a list panel of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt arbitrators. Each of the list two parties will alternately strike one name at a time from the panel until only one (1) shall remain. The remaining name shall be the arbitrator. The decision of the arbitrator shall be binding. Expenses for the arbitrator's services shall be borne equally by the Board and the Association. The arbitrator, in their opinion, shall not amend, modify, nullify, ignore and add to select an arbitrator the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to them in writing by NSSEO and the followingAssociation, and their decision must be based solely and only upon their interpretation of the meaning or application of the express relevant language of the Agreement.
Appears in 2 contracts
Sources: Contract Agreement, Contract Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with A grievance is hereby jointly defined as any dispute, controversy or misunderstanding which may arise under the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes interpretation or application of this Article, "working days" is defined as the days when the appropriate Human Resources office is openAgreement.
Step 1. a) The Union aggrieved employee or employees must present the grievance to the Shop ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty or Alternate in writing within five (305) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(salleged offense.
b) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union Shop ▇▇▇▇▇▇▇ or Alternate, with or without the employee, shall attempt to resolve take up the mattergrievance with the Public Services Director or his/her/their designee, within five (5) days after its presentation by the aggrieved employee. The supervisor shall respond to the grievant with a copy to If the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following and the meeting. If Unit Supervisor have not resolved the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(swithin five (5) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar working days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with meeting between the Union Business Representativegrievant, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union Unit Supervisor, the Shop ▇▇▇▇▇▇▇, ▇ shall submit the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing grievance to the Union Business Representative within fourteen (14) calendar days of the meetingRepresentative.
Step 4. If the grievance remains unresolved c) Within ten (10) working days after the written response of the head of the Administrative Unit, or their designee, is given or Unit Supervisor is due, the Union Business Representative shall have ninety (90) calendar days notify the Town Manager or his/her/their designee and arrange for a date to request arbitration by way of a letter of intent to arbitrate/notice of arbitrationmeet and take up the matter. This letter of intent shall Such meeting will be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within held within ten (10) calendar working days thereafter of such request. Within five (5) working days after such meeting (ten [10] working days if economic issues are involved), the parties Town Manager shall attempt render a decision on the grievance.
d) In the event that the decision of the Town Manager as rendered pursuant to select an arbitrator by mutual agreementSubsection c hereof is not acceptable to the Union, the Union may, within five (5) working days, file a written request for grievance arbitration on the issue. If the parties fail to mutually Town and Union cannot agree upon the selection of an a grievance arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar working days following the from receipt of the list Union arbitration request, the party(ies) shall request arbitration of the grievance under the procedures of the Maine Board of Arbitration and Conciliation. The decision of the arbitrator(s) shall be final and binding on the parties, and the arbitrator(s) shall be requested to select an arbitrator issue the decision within thirty (30) days after the conclusion of the testimony and final argument.
e) Each party shall be responsible for compensating its own representatives and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause a record to be made providing it pays for the record and makes copies available without charge to the other party and to the arbitrators.
f) The time limits for the processing of grievances may be extended by mutual consent of both parties, first by telephone, and confirmed in the followingwriting.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance 27.1 To promote better relations, the parties agree to settle any disputes as to meaning, interpretation, or application of this Agreement as follows:
A. Step 1: Presentation of a dispute to the Association - Any employee with a dispute must first present the following procedure. However, upon mutual agreement facts of the parties, any step dispute to the Executive Board of the Association for review and recommendations by the Association’s attorney. If the Executive Board votes to withhold support for the grievance the employee may appeal to the general membership of the Association. If the general membership votes to withhold support for the grievance the Association shall inform the employee and the Fire Chief in writing that the procedure may be waived. For purposes employee is preceding without the support of this Article, "working days" is defined as the days when the appropriate Human Resources office is openAssociation.
B. Step 1. 2: Dispute resolution - The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to employee and/or the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ Association shall attempt to resolve the matterdispute informally in a meeting with the Deputy Fire Chief or, in the absence of the Deputy Fire Chief, their designee. Failure of the Deputy Fire Chief or designee to schedule such a meeting in a timely manner will constitute a failure to resolve the dispute informally.
C. Step 3: Filing a grievance with the Deputy Fire Chief - If the dispute is not resolved informally any employee or the Association may claim a grievance with the Deputy Fire Chief. The supervisor grievance shall be in writing and filed within thirty
1. A statement of the grievance and relevant facts upon which it is based;
2. The provision of the agreement violated;
3. The remedy being sought by the grievant to resolve the dispute. The Deputy Fire Chief shall respond to the grievant grievance in writing within 14 calendar days with a copy to the ▇▇▇▇▇▇▇ Association and/or Grievant.
D. Step 4: Filing a grievance with the Fire Chief- If the employee or the Association believes that the grievance shall still be adjusted; they will submit the grievance in writing to the Fire Chief within fourteen (14) seven calendar days following of the meetingreceipt of the Deputy Fire Chief’s response. If The notice of grievance shall include the information stipulated in step three. The Fire Chief shall respond to the grievance remains unresolved, in writing within 14 calendar days with a copy to the Union may submit it to Step TwoAssociation and/or Grievant.
E. Step 2. If 5: Arbitration - Upon receipt of the Fire Chief’s response to the grievance has not been settled, it the Association shall have seven calendar days to request that the grievance be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3an arbitrator. If the grievance remains unsettled, a copy of the original written The grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreementwithin seven calendar days. If the parties fail to mutually cannot agree upon the selection of on an arbitrator within seven calendar days of submitting the said ten (10) grievance to arbitration the arbitrator shall be chosen in the following manner.
1. A list of five members of the State Conciliation Service shall be requested and the parties shall alternately strike one name from the list, until only one name is left. The order of striking names shall be determined by lot.
2. The arbitrator shall hold a hearing and issue a decision within 30 calendar day perioddays. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on issues submitted including remedial action to be taken. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated, the Union arbitrator shall immediately request have no authority to alter, modify, vacate, or amend any terms of this Agreement, or to decide any condition which is not specifically treated in this Agreement. Insofar as the Minnesota State Bureau decision of Mediation Services the arbitrator is within the scope of the arbitrator's authority, as described above, and is based on substantial evidence, the arbitrator's decision shall be final and binding on both parties.
3. The costs of the arbitrator shall be borne equally by the parties. Each party shall be responsible for costs of presenting its own case to arbitration.
4. Both parties shall in good faith disclose any information, material or testimony of witnesses as early as possible in the American Arbitration grievance procedure in order to encourage early settlement of contract disputes.
27.2 Any time limits specified in the grievance procedure may be waived by mutual consent of the parties. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute an abandonment of the grievance by the Association. Failure on the part of the District to meet these time limits shall constitute resolution of the grievance be made in favor of the Association. The District shall not be precluded from arbitrating the sole issue of an appropriate remedy if the remedy requested by the Association is determined to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following be frivolous given the disputed issue. A grievance may be terminated at any time upon receipt of a signed statement from the list Association that the matter has been resolved.
27.3 All probationary and regular employees whose employment is governed by the terms of a current collective bargaining agreement and who want to select appeal demotion, reduction in pay, suspension without pay or discharge decision must use the grievance and arbitration procedure in their collective bargaining agreement. Such employees do not have appeal rights under the Civil Service rules unless they waive, in writing and in a timely manner, all rights granted to them to appeal such a decision under the current collective bargaining agreement including approval of such waiver by an arbitrator in the followingauthorized bargaining unit representative.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances A grievance or dispute which may arise between the parties, including the application, meaning or interpretation of this Agreement, shall be put in writing and be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.manner:
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date ▇, with or without the employee, through shall take up the use of reasonable diligence had grievance or should have had, knowledge dispute with the employee's immediate supervisor within ten (10) working days of the event(sdate of its occurrence or within ten (10) giving rise to working days after the grievance. This meeting shall be held within fourteen (14) calendar days union could have reasonably become aware of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matterits occurrence. The supervisor shall attempt to adjust the matter and shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen five (145) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twoworking days.
Step 2. If the grievance has not been settled, it shall be submitted presented in writingwriting by the Union ▇▇▇▇▇▇▇ or the Union Grievance Committee to the department head or Elected Official within five (5) working days after the supervisor's response is due. The department head or Elected Official shall meet with Union Representatives to discuss the grievance. The department head or Elected Official shall respond to the Union ▇▇▇▇▇▇▇ or the Grievance Committee in writing within five (5) working days after this meeting. If the grievance remains unsettled, stating those employees within departments under the nature supervision of Elected Officials shall proceed from Step 2 to Step 4 of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human ResourcesGrievance Procedure.
Step 3. If the grievance still remains unsettledunadjusted for employees within a County Board Department, a copy of the original written grievance it shall be submitted presented by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, Union Representative or Grievance Committee to the head Personnel Committee of the Administrative Unit, or their designee, County Board in writing within five (5) working days after the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from response of the time they receive department head is due. The Personnel Committee shall meet with Union Representatives to discuss the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee Personnel Committee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen ▇▇▇▇▇▇▇, union representative or Grievance Committee (14) calendar days with a copy of the meetingresponse to the local Union president) within five (5) working days.
Step 4. If the grievance remains unresolved is still unsettled, either party may, within fifteen (15) working days after the response reply of the head Personnel Committee of the Administrative Unit, County Board or their designee, is given or the appropriate Elected Official is due, by written notice to the other, request a pre-arbitration conference, prior to submitting the matter to arbitration. After the pre-arbitration conference, or if a pre-arbitration conference has not been requested, either party may request an arbitration of the grievance. Any arbitration proceeding shall be conducted by an arbitrator to be selected by the Employer and the Union shall have ninety within seven (907) calendar working days to request arbitration by way of a letter of intent to arbitrate/after notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreementhas been given. If the parties fail to mutually agree upon select an arbitrator, the selection State or Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a panel of an arbitrator within five arbitrators. Both the said ten (10) calendar day period, Employer and the Union shall immediately request have the Minnesota State Bureau of Mediation Services or right to strike the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following first name; the receipt other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the list arbitrator shall be final and binding on the parties, and the cost of the arbitrator's services and the proceedings shall be borne equally by the Employer and the Union. However, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to select an arbitrator in be made, providing it pays for the followingrecord and makes copies available without charge to the other party and the arbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances 25.01 Any complaint, disagreement or difference of opinion between the Company, the Union or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this Agreement, shall be settled considered a grievance.
25.02 In order to avoid any unnecessary grievances, the Company agrees in accordance the event of layoffs, discharges or disciplinary actions other than verbal warning against any employee, to provide the employee concerned with the following procedurereasons in writing for such actions. However, upon mutual agreement of A copy shall be handed to the parties, any step in Shop ▇▇▇▇▇▇▇ and one to the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is openUnion office.
Step 1(a) Any documents signed by an employee, which deal with the employee’s work performance, disciplinary action, or discharge, shall be considered null and void if a Shop ▇▇▇▇▇▇▇ or Union Representative is not in attendance at the time of signing; unless the employee declines Union representation in writing. The foregoing does not restrict the Company from suspending an employee without Union representation if a matter is of immediate urgency, such as a safety threat or a matter involving violence, and Union representation is not readily available.
(b) By signing such a document an employee is acknowledging receipt of same only and does not prejudice their position with respect to Article 25.
25.04 Any employee who is given notice of dismissal shall have the right to be interviewed by a Union ▇▇▇▇▇▇▇ shall for a reasonable period of time before leaving the premises of the Company.
25.05 Any employee, the Union or the Company may present a written request for a step one grievance. Any grievance to which is not presented within fifteen (15) working days following the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) event giving rise to the grievance. This meeting such grievance shall be held within fourteen (14) calendar days of receipt forfeited and waived by the aggrieved party. Any grievance which is referred beyond Step 1 of the request. Grievance Procedure must be in writing.
25.06 The supervisorprocedure for adjustment of disputes and grievances shall be as follows:
(a) By discussion between the employee and the Union Representative, employee(s) or by discussion between the employee and Union the Shop ▇▇▇▇▇▇▇ shall attempt to resolve the matter▇. The supervisor shall respond When an employee takes a grievance to the grievant with a copy to Union Representative or the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief Shop ▇▇▇▇▇▇▇, and Step One of the appropriate Grievance Procedure shall be considered complied with, provided the Union Representative or the Shop ▇▇▇▇▇▇▇ discuss the matter with the Branch Manager or their designate within the time limit as indicated in Article 25.05 above. The Union Representative or Shop ▇▇▇▇▇▇▇ may proceed with Step Two within seven (7) working days of receiving a reply from the Company or within seven (7) working days of discussion with the Company.
(b) If a satisfactory settlement is not reached at Step One, the head grievance shall be referred to the General Manager as a Step Two. If a satisfactory settlement cannot be reached at this level, the matter may be referred to arbitration within seven (7) working days of the Administrative Unit, decision of the Regional Manager or their designeedesignate. The Company agrees to notify the Union of the name and address of the Regional Manager and of any changes in same.
(c) If the Union and the Company cannot reach an adjustment of any grievance, upon request of either party, the immediate supervisor grievance shall be submitted to an arbitrator. Such a request, by the Union, shall be made to the Company’s Manager, Industrial Relations, and an appropriate Human Resources Department representative within fourteen (14) calendar days from by the time they receive the written grievance. This meeting may Company shall be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing made to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4Representative. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall agreement cannot be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within reached within ten (10) calendar working days thereafter the parties shall attempt in respect to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within by the said ten (10) calendar day periodparties involved, the Union matter shall immediately be referred to the Manitoba Labour Board, who shall appoint said arbitrator.
(d) The person selected as arbitrator shall in no way be involved directly in the controversy under consideration or be a person who has a personal or financial interest in either party to the dispute.
(e) The arbitrator shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigation as he deems essential to a full understanding and determination of the issues involved.
(f) The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party which is contrary to the provisions of this Agreement, or which involves the determination of a subject matter not covered by or arising during the term of this Agreement.
(g) The findings and decision of the arbitrator on all arbitrable questions shall be binding and enforceable on all parties involved.
(h) It is the intention of the parties that this Section shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Section.
(i) The expenses and fee of the arbitrator shall be borne equally by the parties to the arbitration proceedings.
(j) By mutual agreement, in the interest of settling a grievance prior to an arbitration hearing, either party may request the Minnesota State Bureau assistance of Mediation Services or a grievance mediator from the American Arbitration Association to provide a list Province of seven (7) names of neutral arbitrators within five (5) calendar days following Manitoba conciliation services. In the receipt event the costs of the list mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to select the arbitration proceeding.
25.07 A claim by an arbitrator in employee that they have been discharged without just and sufficient cause shall be lodged at Step Two of the followingabove procedure.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances A grievance shall be settled defined as any difference arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement.
(A) In order to provide an orderly procedure for the settling of grievances, the Employer acknowledges the right of the Union to appoint, or otherwise select a Grievance Committee of five (5) members, who shall process any grievance in their department in accordance with the following procedureGrievance Procedure.
(B) The Employer shall recognize the Shop Stewards selected by the Union. However, upon mutual agreement Shop Stewards shall investigate and attempt to settle disputes before reaching the Grievance Committee.
(C) The Union shall notify the Employer in writing of the parties, any step in the procedure may be waived. For purposes name of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union each Grievance Committee member and Shop ▇▇▇▇▇▇▇ before the Employer shall present a written request for a step one grievance be required to recognize him.
(D) In order that the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge work of the event(sEmployer shall not be unreasonably interrupted, Shop Stewards are required to advise their Supervisor of their time of departure and return to their regular duties when acting as Shop Stewards.
(E) giving rise to Should a dispute arise between the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, Employer and any employee(s) and or the Union an ▇▇▇▇▇▇▇ effort shall attempt be made to resolve settle the matter. The dispute fairly and promptly in the following manner:
Step 1: Within fifteen (15) working days from the date the employee became aware of the alleged violation of the Collective Agreement, the employee shall discuss the matter with his/her immediate supervisor shall respond to the grievant with a copy view to resolving the issue. Failing settlement at this stage, all grievances and replies shall be put in writing in all further stages of the grievance procedure.
Step 2: If the Shop ▇▇▇▇▇▇▇ and/or the grievance committee consider the grievance to be justified, a written grievance form will be submitted and the grievor along with the ▇▇▇▇▇▇▇ will seek to settle the dispute with the employee's work site excluded supervisor/Department Head, with a copy to the Director of Human Resources within fourteen ten (1410) calendar days following the meeting. working days.
Step 3: If the grievance remains unresolvedis not resolved within ten (10) working days of the meeting referred to in Step 2, the grievance may be presented in written form to the Associate Superintendent - Human Resources. The Associate Superintendent - Human Resources will meet with the grievor along with his Union representative in an attempt to resolve the dispute.
Step 4: If the grievance is not resolved within ten (10) working days of the meeting referred to in Step 3, the Union may submit it within ten (10) working days of receipt of the written decision under Step 3, refer the matter to the Step Two4 Hearing Committee composed of two (2) appointees from the Union and two appointees from the Employer. Union appointees will be at no cost to the Board.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
5: Failing agreement being reached at Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative4, the Union Grievance Committee consisting of may refer the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (dispute to Arbitration as per Article 14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within receive replies at each step within ten (10) calendar working days thereafter and will proceed to the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator succeeding step within the said ten (10) calendar day period, working days if applicable unless mutually agreed to otherwise.
(F) The grievant shall have the Union shall immediately request right to be present at any step of the Minnesota State Bureau aforementioned procedure.
(G) Where a dispute involves a question of Mediation Services general application of interpretation or the American Arbitration Association to provide where a list of seven (7) names of neutral arbitrators within dispute involves five (5) calendar days following or more employees, or dismissal of an employee, Steps 1 and 2 may be bypassed.
(H) Replies to written grievances shall be in writing at all stages.
(I) Grievances settled satisfactorily within the receipt time allowed shall date from the time that the grievance was filed.
(J) The Employer shall supply the necessary facilities for the grievance meetings.
(K) Employees together with their Shop Stewards shall have access to all information in their personnel file.
(L) If the grievant, Union or Management fails to process a grievance to the next step in the grievance procedure within the time limits specified they shall request an extension of the list to select an arbitrator time limits in writing. Such requests shall not be unreasonably denied by the followingother party.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled a) Grievance means any difference between the parties bound by the Agreement concerning its interpretation, application or alleged violation thereof.
b) Employees will have union representation in accordance with the following procedureany grievance or disciplinary meeting. However, upon mutual agreement Representatives of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union union shall include shop ▇▇▇▇▇▇▇ shall present a written request for a at the first step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge and may include any officer of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union union or shop ▇▇▇▇▇▇▇ shall attempt at further steps.
c) Efforts to resolve the mattergrievances, up to but not including arbitration, shall be made on company time. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14griever(s) calendar days following the meeting. If may be present for any formal meeting throughout the grievance remains unresolved, and arbitration procedure. Meetings will be scheduled taking into consideration operating issues and will not hamper the Union may submit it to Step Twoefficiency of the paper.
Step 2. If the d) The following grievance has not been settled, it procedure shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resourcesobserved:
Step 3. If the grievance remains unsettled1: An employee, a copy of the original written grievance shall be submitted accompanied by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief shop ▇▇▇▇▇▇▇, and shall within nine (9) days of when the appropriate Union ▇▇▇▇▇▇▇circumstances giving rise to the grievance were known or should reasonably have been known to the griever, raise the matter orally with the employee’s immediate supervisor. The supervisor shall reply to the grievance within seven (7) days.
Step 2: If the employee is not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the head employee, accompanied by a union representative, will within nine (9) days of the Administrative Unitreply at Step 1, or their designee, present the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond grievance in writing to the Union Business Representative Publisher. The grievance shall be answered in writing within fourteen seven (147) calendar days of receipt of the grievance.
Step 3: If the two parties are unable to agree at the second step, then the party raising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the meetingreply in Step 3.
e) In general, it is intended that grievances which are not resolved by Step 43 shall be submitted to a single arbitrator. If However, either party may elect to submit a grievance to an Arbitration Board of three members, in which case the grievance remains unresolved after other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the response name of a nominee to the arbitration board of the head party requesting arbitration. The recipient of the Administrative Unitreferral shall, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within within ten (10) calendar days, notify the other party in writing of its acceptance of one of the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board, submit its nominee to the arbitration board. Policy grievances by the Union and Company shall be tabled at Step 2. Either party will have the right to request expedited arbitration.
f) The parties shall endeavor within ten (10) days thereafter to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or a chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Ministry of Labour of Ontario may be asked to make the appointment.
g) The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or board shall issue a decision and the decision shall be final and binding upon the parties and upon any employee and employer affected by it. In the case of an Arbitration Board, the decision of the majority is the decision of the board, but if there is no majority decision, the decision of the Chair shall attempt govern.
h) Each party shall pay the fees and expenses of its appointee to select an arbitrator Arbitration Board and the Employer and the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator.
i) By mutual agreement between the Employer and the Union, and in the case of an Employer or a Union grievance, or in the case of a grievance involving discharge of an employee, the processing of a grievance may begin at Step 2.
j) It is intended that grievances shall be processed as quickly as possible. If the grieving party does not appeal the grievance to the successive stage within the specified appeal time limit, the grievance shall be deemed to be abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage.
k) Time limits in this article may be extended by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) In all cases, “days” means calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingdays.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ Any grievance shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date be taken up with the employee, through 's immediate supervisor within ten (10) working days after the use employee or any officer of reasonable diligence had the bargaining unit knew or should have had, knowledge of known the event(s) giving facts which gave rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The immediate supervisor shall respond have five (5) working days to respond. All grievances must be discussed with the grievant with a copy immediate supervisor prior to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If advancing the grievance remains unresolved, the Union may submit it to Step Two2.
Step 2. If the grievance has is not been settledresolved at Step 1, it the grievance may be presented in writing within ten (10) working days from the receipt of the immediate supervisor's response of Step 1 to the Probation and Parole Division Administrator or designee, or Youth Services Division Administrator or designee, whomever is appropriate. The administrator or designee shall be submitted have ten (10) working days from receipt of the grievance to respond in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources.
Step 3. If the grievance remains unsettledis not resolved at Step 2, a copy of the original written grievance shall it may be submitted by the Union presented to the appropriate Human Resources Department Director or designee within fourteen ten (1410) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar working days of the meetingStep 2 response. The Director shall have fifteen (15) working days to respond to the grievance in writing.
Step 4. If Should the grievance remains unresolved after employee and the response Federation consider the decision of the head of the Administrative Unit, or their designee, is given or is dueDirector to be unsatisfactory, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within Federation may, within ten (10) calendar working days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list Director's decision, notify the Director and the Chief of the State Office of Labor Relations of its decision to select an arbitrator take the grievance to final and binding arbitration. Working days for purposes of this section are defined as in the followingArticle 7, Section 4.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. All grievances Grievances shall be settled processed in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.manner:
Step 1. The Union union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date ▇, with or without the employee, through shall take up the use grievance or dispute with the employee's immediate supervisor within ten (10) work days of reasonable diligence had or should have had, the employee's knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matterits occurrence. The supervisor shall then attempt to adjust the matter and shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen five (145) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twowork days.
Step 2. If the grievance has is not been settledsettled in Step 1, it shall be submitted referred in writing, stating writing to the nature of department head or designee within ten (10) working days after the grievance, the specific provisions(s) of the Agreement designated supervisor's answer in question, the alleged facts upon which Step 1. The department head or designee shall discuss the grievance is based, within ten (10) work days with the employee and the relief requested Union representative at a time mutually agreeable to the appropriate Human Resourcesparties. The department head or designee shall give written answer to the Union within (10) work days following their meeting.
Step 3. If the grievance remains unsettledis not settled in Step 2 and the Union desires to appeal, a copy of the original written grievance it shall be submitted referred by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Director of Human Resources or designee within ten (10) work days after the department head or designee's answer in Step 2. A meeting between the Director of Human Resources or designee, the department head or representative, the employee, and the Union Business Representative shall be held ten (10) work days following the Union request for a Step 3 meeting at a time mutually agreeable to the parties. At this meeting all pertinent facts shall be presented by the Union and the Employer. The Director of Human Resources or designee shall give the Employer's written answer to the Union within fourteen ten (1410) calendar work days of the following this meeting.
Step 4. Arbitration - If the grievance remains unresolved after is not settled in Step 3, and the response of Union wishes to refer the head of the Administrative Unit, or their designee, is given or is duegrievance to arbitration, the Union shall have ninety (90) calendar days to request arbitration by way inform the employer of a letter of its intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within arbitrate within ten (10) calendar working days thereafter after the parties shall attempt to Union's receipt of the employer's written answer in Step 3. The Union and the employer will then select an arbitrator either under the alternate striking provisions of Minnesota Statutes 179A.21, Subdivision 2, or by mutual agreementanother method mutually agreeable to the Union and the employer.
(a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the contract. If The arbitrator shall consider and decide only the specific issues(s) submitted in writing by the County and the employee and the Union, and shall have no authority to make a decision on any other issue not so submitted.
(b) The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs, by the parties, whichever be later, unless the parties fail agree to mutually agree upon an extension. The decision shall be based solely on the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services arbitrator's interpretation or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt application of the list express terms of this Agreement and to select an arbitrator in the followingfacts of the grievance presented.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with Should any dispute arise between the following procedure. HoweverCompany and the Employees or the Company and the Association as to the interpretation, upon mutual agreement application or alleged violation of any of the parties, any step in the procedure may be waived. For purposes provisions of this ArticleAgreement, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union an ▇▇▇▇▇▇▇ effort shall present be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a written request for “working day” shall be defined as a step one 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 without an Association Representative shall discuss the difference with the immediate supervisor. 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 next step. Present your problem in writing on a Grievance form to your Supervisor and forward a copy of the grievance to your Human Resources Manager. If an Association Representative is unavailable, any fellow employee may represent the appropriate supervisor no later than thirty employee at this stage in the procedure. If the matter is not resolved within three (303) calendar working days, proceed to the next step. Note: In certain work areas, 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 the Manager. If an Association Representative is unavailable, any fellow employee may represent you at this stage in the procedure. If the matter is not resolved in five (5) working days, the employee may proceed to Arbitration.
1. Grievances must be submitted to the Arbitrator within fifteen (15) days of the completion of Step 3 of the Grievance Procedure.
2. Each grievance will be heard by a single independent Arbitrator.
3. The single Arbitrator will be chosen from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union following list: ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇ ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 24. If The appointed Arbitrator can only apply the grievance has agreement; they cannot been settledadd/amend anything in the agreement.
5. During Arbitration, it 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 submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, final and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetingbinding.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 2 contracts
Sources: Wage and Working Agreement, Wage and Working Agreement
GRIEVANCE PROCEDURE. All A grievance is a dispute or difference between the Township and/or an employee and/or the Union concerning the interpretation and/or application and/or compliance with any provisions of this Agreement, the Township policy manual, the Road Department Rules and Regulations, the Public Works Department standard operating procedures, or disciplinary action. An employee and his supervisor will make a reasonable effort to resolve potential grievances by informal discussion; and such discussion shall not be considered a condition precedent to disciplinary action by the Township or the filing of a grievance by the employee. In the event that the employee desires to file a grievance, the following procedure shall be settled in accordance with the following procedure. However, upon mutual agreement followed:
Step 1: Within seven (7) days of the partiesoccurrence of the event upon which the grievance is grounded, any step the aggrieved employee (and the Union, if requested by the employee) shall present the grievance setting forth the alleged facts involved, in writing to the Public Works Department Director (or the acting Director in the procedure may be waived. For purposes absence of this Article, "working days" is defined as the) who shall answer the grievance in writing within seven (7) days when the appropriate Human Resources office is openof receiving it.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one 2: If the grievance is not adjusted in Step One, the employee (and the Union, if requested by the Employee) may appeal the grievance to the appropriate supervisor no later than thirty (30) calendar days from Township Trustees and/or the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held Administrator in writing within fourteen (14) calendar days of receipt in writing of the requestanswer of the Public Works Director (or acting Public Works Department) under Step One. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ Township Trustees and/or the Administrator shall attempt to resolve the matter. The supervisor shall respond to the grievant with conduct a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If hearing on the grievance remains unresolved, the Union may submit and answer it to Step Twoin writing within thirty (30) days of receiving it.
Step 2. 3: If the grievance has not been settled, it shall be submitted in writing, stating the nature decision of the grievance, Board of Trustees and/or the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance Administrator is based, and the relief requested not acceptable to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is dueemployee, the Union shall have ninety (90) calendar days notify the Board of Trustees of its decision to request arbitration by way of a letter of intent to arbitrate/notice of seek arbitration. This letter of intent , which shall be sent binding upon the parties; such notice to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly be given in cases involving a continuing back pay liability. Within writing within ten (10) calendar days thereafter of the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the employee's receipt of the list to select an arbitrator in the followingTrustees' decision. Within fifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances (a) Level 1 A grievance must be filed in the form of written notification to the School Principal or the Assistant Principal no more than thirty (30) days after the grievant knew or reasonably should have known of the grievance. The grievant and the Union representative shall meet with the School Principal or Assistant Principal in an attempt to resolve the grievance. A written response shall be settled in accordance with provided to the following procedure. However, upon mutual agreement Union by the Principal or Assistant Principal within ten (10) days of the parties, any step in receipt of the procedure may be waived. For purposes of this Article, "working days" is defined as grievance by the days when the appropriate Human Resources office is openPrincipal.
Step 1. The (b) Level 1 If a grievance arises from the action of authority higher than a Principal, the Union ▇▇may present such grievance at Level 2 without going through ▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, provided a copy of the original written grievance shall be submitted by the Union provided to the appropriate Human Resources Department within fourteen Principal at the time of filing.
(14c) calendar Level 2 Within ten (10) days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or Principal’s decision is due, the Union shall have ninety (90) calendar days the right to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent appeal the decision to the office of Human ResourcesLabor Relations Manager. The Director or his/her designee shall meet with the Union shall make and issue a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within written response within ten (10) calendar days. A brief statement of the reason or reasons for the denial of the grievance shall be included in the response. This, however, shall not limit the Board’s defenses in arbitration. Within twenty (20) days thereafter from the parties shall attempt to select an arbitrator by mutual agreement. If date the parties fail to mutually agree upon decision of the selection of an arbitrator within the said ten (10) calendar day periodLabor Relations Manager or his/her designee is due, the Union, and not any individual employee(s), may submit the grievance to arbitration, except that an individual employee with tenure may submit to arbitration a grievance involving dismissal.
(a) Submission to arbitration shall be by letter from the Union shall immediately request to the Minnesota State Bureau of Mediation Services American Dispute Resolution Center (ADRC) or the American Arbitration Association (AAA) (whichever agency the parties mutually agree to provide use from time to time) for resolution in accordance with their then current rules. A copy of said letter shall be forwarded to the Superintendent and the Legal Director.
(b) The arbitration hearing shall be scheduled at a list time and place convenient to the parties and shall be conducted under ADRC or AAA rules.
(c) In any case where the evaluative judgment of seven management is subject to arbitration, the arbitrator shall not substitute his/her judgment unless the Union can show that management acted arbitrarily or capriciously.
(7d) names The Arbitrator’s decision shall be final and binding on the parties, provided, however, the submission of neutral arbitrators within five a question of substantive arbitrability to an Arbitrator in the first instance shall not be deemed an election or waiver by the State of its right to de novo judicial review over such question. In all other respects the scope of judicial review over arbitrable awards under State law shall not be expanded or diminished by this contract.
(5e) calendar days Only disputes over the violation, misinterpretation or improper application of a specific provision or term of this Agreement shall be arbitrable except that among such disputes the following matters shall not be arbitrable:
(1) The failure or refusal by the receipt Board to renew the contract of or reappoint a probationary (non-tenured) instructor.
(2) Disputes over unsafe working conditions under Article 10, Section Four or unless the State Department of Labor has declined jurisdiction.
(3) As limited by Article 9, Section One(c).
(4) Disputes over promotions under Article 11, Section Four.
(f) The Arbitrator will be without power or authority to alter, add to, or subtract from the provisions of this Agreement or to make a decision which is violative of or inconsistent with the terms of this Agreement or applicable law.
(g) Fees and expenses of the list Arbitrator shall be borne equally by the parties. Witnesses and grievants necessary to select an the proceeding and the Union officer or representative presenting the case shall suffer no loss of pay when called to arbitration hearings. Other expenses shall be borne by the party incurring the expenses.
(h) The parties may agree that any arbitrator in who has been previously appointed by the followingADRC or AAA and remains mutually acceptable to the parties, be designated to hear a pending matter, if such selection would expedite the resolution process.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances The provisions of this Article shall be settled substituted for the grievance procedure set forth in accordance with any Addenda. Should any dispute arise between the following procedure. HoweverEmployer and the employees, upon mutual agreement or the Employer and the Union concerning the application or inter- pretation of the parties, any step in the procedure may be waived. For purposes provision of this ArticleAgreement, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use or concerning any term or condition of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settledemployment set forth in this Agreement, it shall be submitted handled in writing, stating the nature of following manner:
Step 1— The complaint shall be discussed with the grievanceaggrieved em- ployee, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is basedimmediate supervisor, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief Shop ▇▇▇▇▇▇▇, and within five (5) working days of the appropriate Union known occurrence giving rise to the complaint.
Step 2— If the complaint is not resolved in Step one (1), then the employee, Shop ▇▇▇▇▇▇▇▇ or Local Union representative shall sub- mit a grievance in writing to the designated Company representa- tive on the designated grievance form within ten (10) working days after the known occurrence giving rise to the grievance.
Step 3— If an agreement cannot be reached in the second step, the head matter shall then be referred to the Local Union Business Agent within ten (10) working days after receipt of the Administrative Unit, or their designeeresponse of the Company Representative. The Company Representative shall meet promptly with the Local Union Business Agent, the immediate supervisor Shop ▇▇▇▇▇▇▇ and the grievant within ten (10) working days in order to reach an appropriate Human Resources Department representative within fourteen (14) calendar days from adjustment to the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee Company Representative shall attempt to resolve the matter and respond in writing to the Union Business Representative this third step meeting within fourteen three (143) calendar work- ing days of the meeting.
Step 4. If the — Any grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union not resolved in Step three (3) shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent proceed to the office of Human Resourcesestablished local area Cartage Services or regional Cartage Services Grievance Panel. The Union shall make a good faith effort Cases deadlocked will be forwarded as follows: UPS National Master Agreement (NMA) language will be docketed to reduce the ninety (90) calendar day time limit whenever possible next National Grievance Committee; Cartage Ser- vices Supplemental language will be docketed to the next Joint Na- tional Cartage Services Grievance Committee; Discipline and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt Ad- denda/Rider language will be submitted to select an arbitrator by mutual agreement. arbitration.
Step 5— If the parties fail to mutually reach a decision or agree upon a settle- ment of any grievance in Step four (4), the selection of grievance may be sub- mitted to arbitration. If the parties cannot agree upon an impartial arbitrator within the said ten (10) calendar day periodworking days from the date arbitration is invoked, then the Union parties shall immediately jointly request the Minnesota State Bureau of Mediation Services AAA or the American Arbitration Association FMCS, in accordance with area practices, to provide supply both parties with a list of seven (7) names of neutral arbitrators within five impartial arbitrators. Each party shall alternately strike one (51) calendar days following name from the receipt list and the name of the person last remain- ing on the list to select an shall be designated as the arbitrator and his appoint- ment shall be binding on both parties. The arbitrator shall deal only with the matter which occasioned his appointment and his decision shall be final and binding upon both parties. In no case, however, may the arbitrator make a decision which will in any way add to, subtract from, or alter the followingterms of this Agreement. The fee of the
Appears in 2 contracts
Sources: Freight Pickup & Delivery Supplemental Agreement, Freight Pickup & Delivery Supplemental Agreement
GRIEVANCE PROCEDURE. All (1) The Employer and the Union recognize that grievances may arise concerning:
(a) differences between the Parties respecting the interpretation, application, operation, or any alleged violation of a provision of this Agreement, including a question as to whether or not a matter is subject to arbitration; or
(b) the dismissal, discipline, or suspension of an employee bound by this Agreement.
(2) The procedure for resolving a grievance shall be settled the grievance procedure in accordance with this Article.
(3) Where the following Union or the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. However, upon mutual .
(4) The time limits set out below may be altered by agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is openParties.
Step 1: Within seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the alleged violation giving rise to the grievance, the employee shall, with or without a Union representative (at the employee’s choice), discuss the matter with the immediate supervisor who is excluded from the bargaining unit. Within seven (7) calendar days from the discussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative.
Step 2: If the matter is not resolved in the informal process in Step 1, the employee with the assistance of the Shop ▇▇▇▇▇▇▇ or Union Committee Member, may submit a written grievance not later than seven (7) calendar days after Step 1 is completed to the Executive Health Director or his/her designate setting out the nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The grievance shall be transmitted to the Executive Health Director or designate by the Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use or Union Committee Member. Receipt of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall Grievance by designated management representative must be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted confirmed by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief union ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen . Within seven (147) calendar days from after the time they receive receipt of the written grievance, the Executive Health Director or designate shall give a written response to the employee and the Union representative and, if the grievance is denied, the response will include an explanation for the denial.
Step 3: A Union/Management Committee comprised of two (2) Union Representatives and the Secretary-Business Manager or his/her designate and two (2) Employer Representatives and the Executive Health Director or designate, or one (1) Employer Representative and the Executive Health Director and designate shall meet within twenty-one (21) days or other mutually agreed time to discuss the grievance. This meeting may be held with or without At this step of the aggrieved employee presentgrievance procedure each party shall provide to the other all relevant documents. The head decision of the Administrative Unit or their designee Employer shall attempt to resolve the matter and respond in writing be presented to the Union Business Representative in writing within fourteen seven (147) calendar days of the meeting.
Step 4. If the grievance remains unresolved after is not settled at this step either party may refer the response of grievance to arbitration under Article 9. Both Parties agree that their representatives at the head of Step 3 meeting have the Administrative Unit, or their designee, is given or is due, authority to resolve the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followinggrievance.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances For the purpose of this Agreement, a grievance is any difference or dispute between the Employer and the Union, an employee or group of employees concerning the interpretation or application of this Agreement. The parties agree to make prompt and ▇▇▇▇▇▇▇ efforts to resolve such matters.
a. The procedure for handling a grievance pertaining to any such difference or dispute which may arise under this Agreement, shall be settled in accordance with the following procedure. Howeveras follows, upon mutual agreement of the partiesexcept that grievances involving disciplinary suspensions, any step in the procedure transfers or terminations may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is opentaken directly to Step 3.
Step 1. The Union ▇▇▇▇▇▇▇ and the immediate supervisor shall present a written request for a step one attempt to resolve any disputes or differences covered by this Article at the time they arise, or as soon as practicable thereafter. In the event they are unable to resolve the issue, the grievance shall be reduced to writing by the Union and submitted to the appropriate supervisor no later than thirty Employer’s designated representative within ten (3010) calendar business days from when the date the employee, through the use of reasonable diligence had grievant knew or should have had, knowledge known of the event(s) facts giving rise to the grievance.
Step 2. This meeting All grievances, other than those concerning discharge or suspension, shall be held discussed at a Step 2 meeting between the Union representative and the Employer representative, who shall not be the person who participated in Step 1 on behalf of the Employer, to be scheduled within fourteen ten (1410) calendar business days of receipt the written grievance. A written decision by the Employer shall be rendered within ten (10) business days of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the Step 2 meeting. If the grievance remains unresolvedis not deemed resolved after the Step 2 meeting, the Union may submit it to shall request a Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature 3 meeting within ten (10) business days of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human ResourcesEmployer’s Step 2 written decision.
Step 3. If the grievance remains unsettled, Following a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene request for a hearing with the Union Business RepresentativeStep 3 meeting, the Union Grievance Committee consisting representative and the Employer representative, who shall not be the person who participated in either Step 1 or Step 2 on behalf of the Local Employer, shall meet within ten (10) business days. A written decision by the Employer shall be rendered within ten (10) business days of the Step 3 meeting. For all discharge and suspension grievances, the designated Union President, Chief ▇▇▇▇▇▇▇, representative and the appropriate Union ▇▇▇▇▇▇▇, the head designated Employer representative will meet within ten (10) business days of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head receipt of the Administrative Unit or their designee shall grievance notice in an attempt to resolve the matter issue.
b. All grievances not resolved at Step 3 may be submitted at the request of either party to an arbitrator whose decision shall be final and respond binding on the Union and the Employer. The demand for arbitration must be made in writing to the Union Business Representative within fourteen fifteen (1415) calendar business days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingEmployer’s Step 3 written decision.
Appears in 2 contracts
Sources: Security Contractors Agreement, Security Contractors Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with Should any dispute arise between the following procedure. HoweverCompany and the Employees or the Company and the Association as to the interpretation, upon mutual agreement application or alleged violation of any of the parties, any step in the procedure may be waived. For purposes provisions of this ArticleAgreement, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union an ▇▇▇▇▇▇▇ effort shall present be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a written request for “working day” shall be defined as a step one 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 without an Association Representative shall discuss the difference with the immediate supervisor. 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 next step. Present your problem in writing on a Grievance form to your Supervisor and forward a copy of the grievance to your Human Resources Manager. If an Association Representative is unavailable, any fellow employee may represent the appropriate supervisor no later than thirty employee at this stage in the procedure. If the matter is not resolved within three (303) calendar working days, proceed to the next step. Note: In certain work areas, 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 the Manager. If an Association Representative is unavailable, any fellow employee may represent you at this stage in the procedure. If the matter is not resolved in five (5) working days, the employee may proceed to Arbitration.
1. Grievances must be submitted to the Arbitrator within fifteen (15) days of the completion of Step 3 of the Grievance Procedure.
2. Each grievance will be heard by a single independent Arbitrator.
3. The single Arbitrator will be chosen from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union following list: ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇ ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 24. If The appointed Arbitrator can only apply the grievance has agreement, they cannot been settledadd/amend anything in the agreement.
5. During Arbitration, it 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 submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, final and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetingbinding.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 2 contracts
Sources: Wage and Working Agreement, Wage and Working Agreement
GRIEVANCE PROCEDURE. All grievances Grievances shall be settled in accordance with heard and resolved according to the following procedure: Any Employee who believes that the employee has a grievance shall first discuss said grievance with the Employee's immediate supervisor. HoweverShould the immediate supervisor not resolve the issue, upon mutual agreement the Employee may directly approach the Employee's department head or site manager for discussion and possible resolution of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting procedure should be instituted in a timely manner, generally no later than ten (10) business days of the aggrieved incident. If the grievance is not satisfied at the site or department level, the Employee shall submit the grievance directly to the General Manager, in writing, who shall be held required to respond to the same within fourteen fifteen (1415) calendar business days. The General Manager shall respond to the aggrieved Employee, and advise the employee that the incident is being investigated. The General Manager shall be required to adjust any grievance submitted to the General Manager’s attention within one (1) month of receipt. Should the grievance not be adjusted to the satisfaction of the Employee, the Employee has the right of final appeal to the Board of Harbor Commissioners convened in a regular or special meeting, provided that the Employee appeals in writing to the Board of Harbor Commissioners within seven (7) business days of receipt of the requestGeneral Manager’s decision. Except for the requirement that grievance hearings be held at a regular meeting, the provision of District Rule 14.06 applies to the grievance hearing process. The supervisor, employee(s) and decision of the Board shall be final. Employees have the absolute right to Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If representation at all levels of the grievance remains unresolved, the Union may submit it to Step Two.
Step 2procedure. If the No grievance has not been settled, it resolution shall be submitted made that violates the specific terms and conditions of employment as provided in writing, stating the nature MOU without the agreement of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetingUnion.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with 12.1 Any complaint, disagreement or difference between the following procedure. HoweverParties which concerns the interpretation, upon mutual agreement of the partiesapplication, any step in the procedure may be waived. For purposes operation or alleged violation of this ArticleAgreement will be considered a grievance, "working days" is defined as if the days when the appropriate Human Resources office is opensteps below are followed.
Step 1. 12.2 The Employer, the Union ▇▇▇▇▇▇▇ shall present or the Employee having a written request for a step one grievance to grievance, dispute or complaint will submit the appropriate supervisor no later than thirty same within seven (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (147) calendar days of receipt learning of the requestevent giving rise to such grievance, dispute or complaint. The supervisorfollowing steps will be observed:
(a) Step 1: The Employee, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief shop ▇▇▇▇▇▇▇, and will take the appropriate Union ▇▇▇▇▇▇▇grievance up verbally with their manager or designate. If no satisfactory settlement is reached, the head of grievance may, within seven (7) calendar days, be referred to the Administrative Unitnext step.
(b) Step 2: The grieving party will submit the grievance, or their designeein writing, to the immediate supervisor and an appropriate Human Resources Department representative other party within fourteen seven (147) calendar days from of the time they receive Step 1 grievance meeting. The grievance will provide full particulars of the facts giving rise to the grievance, set out the provisions of the Agreement allegedly violated, and the remedy requested. Upon receipt of the written grievance. This meeting , the Parties will, within seven (7) calendar days, or at another time that may be held with or without mutually agreed upon in writing, meet and discuss the aggrieved employee presentgrievance. The head A decision as to the grievance will be rendered in writing and delivered to the grieving party within seven (7) calendar days of the Administrative Unit or their designee shall attempt to resolve meeting.
(c) Step 3: Failing settlement of the matter and respond grievance at Step 2, the grieving party will notify the other party, in writing to the Union Business Representative writing, within fourteen (14) calendar days of the meetingStep 2 decision that it intends to submit the matter to arbitration.
12.3 Union or Employer grievances will be initiated at Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator 2 within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list Union or Employer, as applicable, learning of an event giving rise to select an arbitrator such grievances.
12.4 Any grievance that is not commenced or processed through the steps in the followinggrievance or arbitration procedure within the time specified will be deemed to be abandoned and all rights of recourse to the grievance and arbitration procedure will be at an end. The Parties agree that the specified time limits may be extended by mutual consent in writing.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All 28.1 It is mutually agreed that it is the spirit and intent of this Agreement to adjust, as quickly as possible, grievances arising from the application, administration, interpretation or alleged violation of this Agreement.
28.2 The parties recognize that the "Canada Labour Code" provides that any employee may present their personal grievance to the employer at any time. Any such grievance shall be settled subject to consideration and adjustment as provided in accordance with the following procedure. However, upon mutual agreement articles on Grievance Procedure.
28.3 In the event of a dispute between any member or members of the partiesbargaining unit and the Company, any step in reference to the procedure may application, administration, interpretation or alleged
Step 1: The grievance shall be waivedreduced to writing and a copy thereof delivered to the President of the Company or designee, and the International President of the Union or designee, within ten (10) working days of the arising of such grievance. For purposes A copy shall also be simultaneously delivered to the employee designated by the employees as their Chairman of this Article, "working days" is defined as the days when the appropriate Human Resources office is openGrievance Committee.
Step 12: The grievance shall be discussed with the President of the Company or designee and the Local Grievance Committee consisting of not more than three (3) members. The Such meetings shall take place within five (5) working days of the filing of such grievance. Appropriate records of such meetings shall be kept.
Step 3: If the grievance is not settled within ten (10) working days after the meeting described in Step 2, the dispute shall be discussed between the President of the Company and the International President or their designees for further discussion and consideration. Step 4: In the event that the representatives of the Company and the Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than cannot reach agreement, either party may, by registered mail within thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
meeting described in Step 4. If 3 submit the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days dispute to request arbitration by way of a letter of intent to arbitrate/notice of binding arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within parties shall, within ten (10) calendar days thereafter of the parties shall attempt to sending of the notice requesting arbitration, select an arbitrator by mutual agreementa mutually acceptable arbitrator. If the parties fail are unable to mutually agree upon on the selection of an arbitrator within the said these ten (10) calendar day perioddays, the Union Federal Minister of Labour shall immediately request be requested to appoint the Minnesota State Bureau arbitrator. The cost and/or expenses of Mediation Services or such arbitration shall be borne equally by the American Arbitration Association Company and the Union, except that no party shall be obligated to provide pay the cost of a list of seven stenographic transcript without express consent. The person elected/appointed in accordance with the above, must agree prior to their appointment, to render an award within thirty (730) names of neutral arbitrators within five (5) calendar days following from the receipt date of the list last day of the hearing.
28.4 The arbitrator shall not have the power to select an arbitrator change, modify, extend or amend the provisions of this Agreement, but shall have the power to direct, if considered proper, that any employee who has been suspended, discharged, or otherwise disciplined without just and sufficient cause, shall be reinstated with any other benefit under this agreement which may have been lost.
28.5 In dismissals and matters of general concern where time is of the essence the matter shall be discussed between the representatives of the Company and the Union, and if not satisfactorily settled, either party may refer the matter to arbitration as provided in the followingStep 4 of Article 28.3.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances 32:01 A grievance shall be settled in accordance with the following procedure. However, upon mutual agreement defined as a written complaint arising out of the partiesinterpretation, any step in the procedure may be waived. For purposes application, or alleged violation of this Article, "working days" is defined as the days when the appropriate Human Resources office is openAgreement.
Step 1. The Union 32:02 An ▇▇▇▇▇▇▇ effort shall present be made to settle grievances fairly and equitably in the following manner. However, nothing in this Agreement shall preclude the Employer or the Union from mutually agreeing to settle a written dispute by any means other than those described in the following grievance procedures without prejudice to their respective positions.
32:03 Local Union representatives, upon request for a step one grievance to the appropriate supervisor no later than thirty Program Coordinator and subject to operational requirements, shall be granted necessary time off without loss of pay to meet with the Employer for the purpose of processing grievances. Such permission shall not be unreasonably withheld.
32:04 Step 1
(30a) calendar Within twenty (20) working days from after the date upon which the employeeemployee was notified orally or in writing, through or on which the use of reasonable diligence had or should have had, knowledge employee first became aware of the event(s) action or circumstances giving rise to the grievance. This meeting , the employee shall be held present the grievance with the redress requested to the Program Coordinator;
(b) The Program Coordinator or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fourteen fifteen (1415) calendar working days;
(c) The Program Coordinator or designate may hold a hearing to discuss the grievance with the employee and the employee’s Union representative before giving a decision on the grievance.
(a) If the grievance is not resolved satisfactorily at Step 1, the employee shall submit the same grievance and the redress requested to the Executive Director, within fifteen (15) working days of the receipt of the decision at Step 1;
(b) The Executive Director shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the request. grievance;
(c) The supervisorExecutive Director shall hold a hearing to discuss the grievance with the employee and the employee’s Union representative before giving a decision on the grievance.
32:05 An employee claiming to be demoted, employee(s) discharged or suspended without just cause may initiate a grievance at Step 2 and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond submit it directly to the grievant with Executive Director as outlined above.
32:06 If a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolveddispute involving a question of general application or interpretation occurs and affects a group of employees, the Union or the employees may submit it the grievance directly to Step Twothe Executive Director.
Step 2. If 32:07 An employee may choose to be accompanied by a local Union representative at any stage of the grievance has not been settled, it shall be submitted procedure.
32:08 All time limits referred to in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting this section may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator extended by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the grievance procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is openset forth below.
Step 1. The Union ▇▇▇▇▇▇▇ 1 Any employee having a grievance shall present a written request for a step one grievance to first take up the appropriate supervisor no later than thirty (30) calendar days from the date the employeematter with his department head or designated representative, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt or alternate in an effort to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twogrievance.
Step 2. If 2 In the event the grievance has is not been settledsettled at Step 1, it shall be submitted in reduced to writing, stating signed by the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, grievant and the relief requested submitted to the appropriate Human Resources
Step 3aggrieved employee's Department Head within fifteen (15) work days of its occurrence. If the grievance remains unsettled, a copy of the original The written grievance shall be submitted by discussed between the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, or alternate, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative UnitDepartment Head, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee presenthis designated representative. The head of the Administrative Unit Department Head, or their designee his designated representative shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If give his written decision on the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar work days following the termination of the Step 2 meeting.
Step 3 In the event the grievance is not settled at Step 2, the Union may request a meeting to be held between the President and the Human Resources Director, or their designated representatives. Such request shall be made in writing to the Human Resources Director by the President, or his designated representative, within five (5) work days after receipt of the Step 2 answer. The Human Resources Director, or his designated representative, shall give his written decision on the grievance within five (5) work days following the termination of the Step 3 meeting.
Step 4 In the event the grievance is not satisfactorily settled at Step 3, either party may submit the matter to binding arbitration, by filing a Demand for Arbitration with the American Arbitration Association within twenty (20) work days after the receipt of the list Step 3 answer. The Union shall provide a copy of its Demand for Arbitration to select the Employer's Human Resources Director at the time of filing with the Association. If the grievance is not submitted to arbitration within such twenty (20) work day period, it will be considered closed on the basis of the Employer's Step 3 answer. Selection of the arbitrator and the arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time the Demand for Arbitration is filed with the Association. The arbitrator's fees and expenses shall be shared equally by the parties. Each party shall be responsible for its own expenses, if any, in connection with the arbitration proceedings. The decision of the arbitrator must be based on an interpretation of one or more of the provisions of this Agreement or any supplement or amendment thereto. The arbitrator shall have no power to add to, take from, modify, or alter this Agreement or any supplement or amendment thereto. Any matter submitted to arbitration over which the arbitrator has no power to rule shall be referred back to the parties without decision. When rendered in accordance with his jurisdiction and authority, the followingarbitrator's decision shall be final and binding upon the Employer, the Union and any employee or employees involved and cannot be changed by any individual.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances 27.1 To promote better relations, the parties agree to settle any disputes as to meaning, interpretation, or application of this Agreement as follows:
A. Step 1: Presentation of a dispute to the Association - Any employee with a dispute must first present the facts of the dispute to the Executive Board of the Association for review and recommendations by the Association’s attorney. If the Executive Board votes to withhold support for the grievance the employee may appeal to the general membership of the Association. If the general membership votes to withhold support for the grievance the Association shall inform the employee and the Fire Chief in writing that the employee is preceding without the support of the Association.
B. Step 2: Dispute resolution - The employee and/or the Association shall attempt to resolve the dispute informally in a meeting with the Deputy Fire Chief or, in the absence of the Deputy Fire Chief, their designee. Failure of the Deputy Fire Chief or designee to schedule such a meeting in a timely manner will constitute a failure to resolve the dispute informally.
C. Step 3: Filing a grievance with the Deputy Fire Chief - If the dispute is not resolved informally any employee or the Association may claim a grievance with the Deputy Fire Chief. The grievance shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than writing and filed within thirty (30) calendar days from the date occurrence thereof or the employee, through ’s knowledge thereof. The grievance shall contain the use of reasonable diligence had or should have had, knowledge following information:
1. A statement of the event(s) giving rise to the grievancegrievance and relevant facts upon which it is based;
2. This meeting shall be held within fourteen (14) calendar days of receipt The provision of the requestagreement violated;
3. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt remedy being sought by the grievant to resolve the matterdispute. The supervisor Deputy Fire Chief shall respond to the grievant grievance in writing within 14 calendar days with a copy to the ▇▇▇▇▇▇▇ Association and/or Grievant.
D. Step 4: Filing a grievance with the Fire Chief- If the employee or the Association believes that the grievance shall still be adjusted; they will submit the grievance in writing to the Fire Chief within fourteen (14) seven calendar days following of the meetingreceipt of the Deputy Fire Chief’s response. If The notice of grievance shall include the information stipulated in step three. The Fire Chief shall respond to the grievance remains unresolved, in writing within 14 calendar days with a copy to the Union may submit it to Step TwoAssociation and/or Grievant.
E. Step 2. If 5: Arbitration - Upon receipt of the Fire Chief’s response to the grievance has not been settled, it the Association shall have seven calendar days to request that the grievance be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3an arbitrator. If the grievance remains unsettled, a copy of the original written The grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreementwithin seven calendar days. If the parties fail to mutually cannot agree upon the selection of on an arbitrator within seven calendar days of submitting the said ten (10) grievance to arbitration the arbitrator shall be chosen in the following manner.
1. A list of five members of the State Conciliation Service shall be requested and the parties shall alternately strike one name from the list, until only one name is left. The order of striking names shall be determine by lot.
2. The arbitrator shall hold a hearing and issue a decision within 30 calendar day perioddays. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on issues submitted including remedial action to be taken. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated, the Union arbitrator shall immediately request have no authority to alter, modify, vacate, or amend any terms of this Agreement, or to decide any condition which is not specifically treated in this Agreement. • Insofar as the Minnesota State Bureau decision of Mediation Services the arbitrator is within the scope of the arbitrator's authority, as described above, and is based on substantial evidence, the arbitrator's decision shall be final and binding on both parties.
3. The costs of the arbitrator shall be borne equally by the parties. Each party shall be responsible for costs of presenting its own case to arbitration.
4. Both parties shall in good faith disclose any information, material or testimony of witnesses as early as possible in the American Arbitration grievance procedure in order to encourage early settlement of contract disputes.
27.2 Any time limits specified in the grievance procedure may be waived by mutual consent of the parties. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute an abandonment of the grievance by the Association. Failure on the part of the District to meet these time limits shall constitute resolution of the grievance be made in favor of the Association. The District shall not be precluded from arbitrating the sole issue of an appropriate remedy if the remedy requested by the Association is determined to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following be frivolous given the disputed issue. A grievance may be terminated at any time upon receipt of a signed statement from the list Association that the matter has been resolved.
27.3 All probationary and regular employees whose employment is governed by the terms of a current collective bargaining agreement and who want to select appeal demotion, reduction in pay, suspension without pay or discharge decision must use the grievance and arbitration procedure in their collective bargaining agreement. Such employees do not have appeal rights under the Civil Service rules unless they waive, in writing and in a timely manner, all rights granted to them to appeal such a decision under the current collective bargaining agreement including approval of such waiver by an arbitrator in the followingauthorized bargaining unit representative.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances Grievances shall be settled presented or adjusted in accordance with the following procedurepro- cedure: The teacher may first discuss the matter with the principal, directly or accompa- ▇▇▇▇ by the Union building representative, with the objective of resolving the matter informally.
STEP 1. HoweverIn the event the matter is not resolved informally, the alleged ▇▇▇▇▇- tion, stated in writing, may be lodged with or submitted as a grievance to the principal of the school in which the grievance arises within a reasonable time following the act or condition which is the basis of the grievance.
STEP 2. Appeal to the Emergency Manager (or designee), or in the event the District’s financial emergency is resolved, the Superintendent or CEO (or designee): Within fourteen (14) calendar days after receipt of the decision of the applicable unit head, the Union may appeal to the Emergency Manager (or designee), or in the event the District’s financial emergency is resolved, the Superintendent or CEO (or designee) (through the Office of Labor Rela- tions) the decision rendered by the applicable unit head. The appeal shall be in writing and shall set forth specifically the act, condition, and the grounds on which the appeal is based and shall include a copy of the grievance and all decisions rendered. A copy of the appeal shall be sent to the applicable unit head.
STEP 3. The Union may within thirty (30) calendar days submit any griev- ance under this agreement to arbitration at the equal expense of the parties. The Union shall have exclusive authority in its discretion as to whether to appeal any grievance to arbitration. The parties will mutually agree on an arbitrator to hear and decide the grievance. If the parties are unable to agree upon an arbitrator within seven (7) working days of notice to arbitrate, the party demanding arbitration shall refer the matter to either Michigan Em- ployment Relations Commission or American Arbitration Association upon mutual agreement of the parties, any step in which shall submit a list to the procedure may parties for the selection of an arbitrator. Unless mutually agreed to by the parties, the case will be waived. For purposes of this Article, "working days" heard by the arbitrator within ninety (90) days after the griev- ance is defined as the days when the appropriate Human Resources office is open.
Step 1moved to arbitration. The Union ▇▇▇▇▇▇▇ arbitrator shall present issue a written request for a step one grievance to the appropriate supervisor decision no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meetingsubmission of each parties’ counsel’s brief to the arbitrator. If The arbitrator shall not have the grievance remains unresolvedjurisdiction to add to, the Union may submit it to Step Two.
Step 2. If the grievance has not been settledsubtract from, it shall be submitted in writing, stating the nature or modify any of the grievanceterms of this Agreement, the specific provisions(s) or to substitute at his/her discretion for that of any of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was dueparties hereto. The appropriate Human Resources Department shall convene a hearing with arbitrator’s decision will be final and binding on the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetingparties.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall
A. Definition (Full-Time and Part-Time) A grievance is any claim by the Union or an employee that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement.
B. Procedures (Full-Time and Part-Time) The parties agree that it is usually most desirable for an employee and his or 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 informal process fails to satisfy the employee or the Union, a grievance may be settled in accordance with processed using the following procedure. Howeversteps:
Step 1 The employee or the Union may present a grievance in writing to the immediately involved supervisor, upon mutual agreement or to the person who has the authority to adjust the issue of the partiesgrievance, any step 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 procedure may be waivedexercise of reasonable diligence if that date is later, should have known of such act of omission. For purposes The Supervisor will arrange for a meeting of this Article, "the affected parties within six (6) working days" is defined as days after receipt of the grievance. The Supervisor shall provide a written response to the grievant within ten (10) working days when after the appropriate Human Resources office is openmeeting. The response shall include a reason for the decision.
Step 2 If the grievance is not resolved to the satisfaction of the employee or the Union at 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. The College President or his or her designee shall arrange with the Union ▇▇▇▇▇▇▇ shall present a written request Representative for a step one grievance meeting to the appropriate supervisor no later than thirty take place within ten (3010) calendar working days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of College President's receipt of the requestappeal. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union Each party shall have ninety (90) calendar days the right to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible include in its representation such witnesses and particularly in cases involving a continuing back pay liabilitycounsel as each party deems necessary. Within ten (10) calendar working days thereafter of the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day periodmeeting, the Union shall immediately request be provided with a written response from the Minnesota State Bureau of Mediation Services College President or his or her designee, including the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following reasons for the receipt of the list to select an arbitrator in the followingdecision. Step
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall 6.01 A grievance is defined to be settled in accordance with any difference between the following procedure. Howeverparties or between an employee and the Employer, upon mutual agreement relating to the interpretation, application or administration of this agreement.
6.02 It is of the partiesutmost importance to adjust grievances as quickly as possible. To be considered, any step a grievance must be presented within ten (10) days from when the circumstances giving rise to it occurred or originated. The time limit, in the procedure this Article may be waivedextended by mutual written agreement. For purposes of Saturdays, Sundays and Holidays are excluded from the time limits in this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The 1 An employee having a complaint should discuss it with the Deputy Fire Chief first, accompanied by his Union ▇▇▇▇▇▇▇ shall present or a written request for Union Grievance Committee member. If no settlement is reached, the matter may be formalized as a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting and dealt with as follows;
Step 2 The grievance shall be held within fourteen (14) calendar days of receipt of presented in writing by the request. The supervisor, employee(s) grievor and his Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond or a Union Grievance Committee member, to the grievant with a copy to the ▇▇▇▇▇▇▇ Fire Chief who shall render his decision in writing, within fourteen TEN (1410) calendar days following the meetingfrom such presentation. If no settlement is reached, then;
Step 3 Within five (5) days from receipt of the grievance remains unresolveddecision at Step 2, the Union may shall submit it the grievance to the City Manager who shall meet with the Union Grievance Committee, the following month of the grievance, on a date mutually agreed upon, to consider Step Two3 grievances. The Union shall have the right, at any time during the Grievance process, to have the assistance of a representative of the Local Union. The City Manager will render his decision in writing within ten (10) days from such meeting.
6.03 If no settlement is reached at Step 3, the matter may be referred in writing by either party to arbitration within thirty (30) days from receipt of the decision at Step 3.
6.04 A grievance on behalf of more than one (1) employee may be presented directly at Step 2, listing the names of the grievors. If A policy grievance initiated by the grievance has not been settledUnion, it shall be submitted in writing, stating the nature commencing at Step 3 of the grievancegrievance procedure, within fifteen (15) days from where the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested circumstances giving rise to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given it occurred or was dueoriginated. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting limits may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator extended by mutual agreement. If A policy grievance will confine itself to matters relating to the parties fail interpretation, administration, application or alleged violation of the agreement, which are inappropriate for an employee grievance single or group.
6.05 The arbitrator or the board will have no authority to mutually agree upon alter, change, or modify any of the selection terms and conditions of this Agreement. Any question as to arbitrability will be determined by the arbitrator.
6.06 The decision of the arbitrator will be final and binding. Each party to this agreement will pay the fees and expenses of the arbitrator.
6.07 No person may be appointed as an arbitrator within who has been involved in an attempt to negotiate or settle the said ten (10) calendar day period, grievance.
6.08 Neither party shall disclose in any manner to the Union shall immediately request Board of Arbitration any information concerning previous offers of settlement made by the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingother party.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances 7:01 Employees of the Company who are members of the Union shall be settled selected by the Union as Shop ▇▇▇▇▇▇▇. The Union shall Step One – The employee, along with his/her ▇▇▇▇▇▇▇ if he/she so desires, shall submit a grievance in writing and shall meet with the Supervisor, or his/her delegate, to discuss the grievance. The Supervisor, or his/her delegate, will render a decision in writing within seven (7) calendar days following the meeting to the ▇▇▇▇▇▇▇, the Unit Chairperson, and the Gas Unit President. Step Two – If the grievance is not resolved at “Step One” then the Union may request in writing, within a further ten (10) calendar days, a meeting with Company Management. The Company will arrange to meet with the Union within fourteen (14) calendar days of the Union appealing a grievance to Step 2 of the process.
7:02 A grievance shall be deemed waived unless the matter is processed by the Union to the Company within twenty (20) calendar days from the date the misunderstanding arises, as long as the employee or Union had a reasonable opportunity to learn of the infraction.
(a) The Union shall have the right to initiate a group grievance (that is a grievance involving a group of employees as a result of similar circumstances) or a policy grievance (that is a grievance of a general nature with no individual remedy) by submitting and processing it in accordance with the following procedure. However, upon mutual agreement of the parties, any step “Step Two” in the procedure may be waived. For purposes Section 7:01 of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
(b) The Company shall have the right to initiate a grievance(s) relating to any difference in interpretation, application or administration of the Agreement, including any question whether a matter is arbitrable, or where an allegation is raised that the Agreement has been violated, under “Step 1Two” preceding.
7:04 In the event of a claim by an employee that he/she has been unjustly discharged, the claim in the form of a grievance may be processed at “Step Two” of the grievance procedure within seven (7) calendar days from the date that the discharge took place. The grievance may be settled by the parties to the Collective Agreement or failing to do so by the Arbitration Board or Sole Arbitrator by (a) confirming the Management’s decision of discharging the employee; or (b) reinstating the employee with full compensation for the lost time; or (c) any other arrangement which is agreed to by the conferring
7:05 Should the Union fail to carry on a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be deemed to be abandoned. Should the Company fail to answer a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be awarded to the grievor or grievors concerned.
7:06 Members of the Grievance Committee will not lose pay for time spent during regularly scheduled working hours attending scheduled meetings with Management Representatives except for time spent on Arbitration.
7:07 A Shop ▇▇▇▇▇▇▇ involved in processing a grievance or wishing to discuss matters involving the Collective Agreement must first obtain permission from his/her Supervisor, or his/her Delegate, before leaving work. The Supervisor or Delegate will endeavour as promptly as possible to provide a reasonable time period in order that the Shop ▇▇▇▇▇▇▇ may perform such functions. The Shop ▇▇▇▇▇▇▇ shall present not suffer a written request loss of pay for the time so spent during the regular working hours.
7:08 Where a step one grievance is not settled under the preceding Sections of this Article, including the question of whether or not a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the parties may notify the other party in writing of its desire to submit the appropriate supervisor no later than grievance or allegation to arbitration within thirty (30) calendar days from the date of Management’s answer at “Step Two”.
7:09 Where a difference arises between the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise parties relating to the grievance. This meeting shall be held within fourteen (14) calendar days interpretation, application or administration of receipt of the request. The supervisorthis Collective Agreement, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt including any question as to resolve the matter. The supervisor shall respond to the grievant with whether a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. matter is
7:10 If the grievance remains unresolvedapplication of Section 7:09 results in a desire to constitute an Arbitration Board, the Union may submit it to Step Two.
Step two (2. If the grievance has not been settled, it ) appointees so selected shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list appointment of the second of them, appoint a third person who shall be Chairman. If the recipient of the notice fails to select respond within the time limit, or if the two (2) appointees fail to agree upon a Chairman within the time limit or if the parties fail to agree on a Sole Arbitrator within the time limit, then the appointment of a Chairman or Sole Arbitrator shall be made by the Minister of Labour upon the request of either party. The Arbitration Board or Sole Arbitrator shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. In the case of a Board, the decision of the majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman shall govern.
7:11 No person may be appointed as an arbitrator Arbitrator who has been involved in an attempt to negotiate or settle the followinggrievance. Each of the parties hereto will bear the expense of its appointee to an Arbitration Board and the parties will jointly bear the expenses, if any, of the Chairman of the Arbitration Board or Sole Arbitrator. The proceedings
7:12 The Arbitration Board or Sole Arbitrator is not authorized, nor is there any jurisdiction to alter, amend, change, add to or modify any part or provision of this Collective Labour Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled handled exclusively as set forth in accordance with this Article. Grievances against MetroParks must be taken up within seven days of occurrence of the incident giving rise to the grievance in order to be arbitrable and shall be disposed of in the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.manner:
Step 1. The Between the employee or employees involved and their immediate supervisor and/or manager, with or without a Union ▇▇▇▇▇▇▇ shall present a written request for a step one representative. Within seven calendar days after the grievance is presented to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with he/she will render a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twodecision.
Step 2. If In the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which event the grievance is basednot settled in Step 1, the grievance must be reduced to writing, signed by the grievant and the Union representative, and the relief requested submitted to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department Director, or his/her designee, within fourteen (14) seven calendar days after the second step answer was given or was duesupervisor shall have rendered his/her decision. The appropriate Human Resources Department shall convene Union and MetroParks will arrange a hearing with the Union Business Representative, the Union Grievance Committee consisting Step 2 meeting within seven days of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head submittal of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without attended by the aggrieved employee presentemployee, a Union representative, the Human Resources Director or his/her designee, and an additional representative on behalf of MetroParks.
Step 3. The head of In the Administrative Unit or their designee shall attempt to resolve event the grievance is not settled in Step 2, the Union may, within seven calendar days after the Human Resources Director has rendered his/her decision, appeal the matter and respond in writing to the Union Business Representative within fourteen (14) Executive Director. Within seven calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list appeal, the Executive Director or his/her designee shall meet with the employee and a Union representative to select an arbitrator review the grievance. The Executive Director shall render his/her decision in writing within seven calendar days after the followingmeeting. Any grievance not appealed to the Executive Director, as provided in Step 3, shall be considered settled by the decision of the Human Resources Director in Step 2.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled a) Grievance means any difference between the parties bound by the Agreement concerning its interpretation, application or alleged violation thereof.
b) Employees will have union representation in accordance with the following procedureany grievance or disciplinary meeting. However, upon mutual agreement Representatives of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union union shall include shop ▇▇▇▇▇▇▇ shall present a written request for a at the first step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge and may include any officer of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union union or shop ▇▇▇▇▇▇▇ shall attempt at further steps.
c) Efforts to resolve the mattergrievances, up to but not including arbitration, shall be made on company time. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14griever(s) calendar days following the meeting. If may be present for any formal meeting throughout the grievance remains unresolved, and arbitration procedure. Meetings will be scheduled taking into consideration operating issues and will not hamper the Union may submit it to Step Twoefficiency of the paper.
Step 2. If the d) The following grievance has not been settled, it procedure shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resourcesobserved:
Step 3. If the grievance remains unsettled1: An employee, a copy of the original written grievance shall be submitted accompanied by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief shop ▇▇▇▇▇▇▇, and shall within thirty (30) days of when the appropriate Union ▇▇▇▇▇▇▇circumstances giving rise to the grievance were known or should reasonably have been known to the griever, raise the matter orally with the employee’s immediate supervisor. The supervisor shall reply to the grievance within seven (7) days.
Step 2: If the employee is not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the head employee, accompanied by a union representative, will within nine (9) days of the Administrative Unitreply at Step 1, or their designee, present the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond grievance in writing to the Union Business Representative Publisher. The grievance shall be answered in writing within fourteen seven (147) calendar days of receipt of the grievance.
Step 3: If the two parties are unable to agree at the second step, then the party raising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the meetingreply in Step 3.
e) In general, it is intended that grievances which are not resolved by Step 43 shall be submitted to a single arbitrator. If However, either party may elect to submit a grievance to an Arbitration Board of three members, in which case the grievance remains unresolved after other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the response name of a nominee to the arbitration board of the head party requesting arbitration. The recipient of the Administrative Unitreferral shall, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within within ten (10) calendar days, notify the other party in writing of its acceptance of one of the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board, submit its nominee to the arbitration board. Policy grievances by the Union and Company shall be tabled at Step 2. Either party will have the right to request expedited arbitration.
f) The parties shall endeavor within ten (10) days thereafter to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or a chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Ministry of Labour of Ontario may be asked to make the appointment.
g) The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or board shall issue a decision and the decision shall be final and binding upon the parties and upon any employee and employer affected by it. In the case of an Arbitration Board, the decision of the majority is the decision of the board, but if there is no majority decision, the decision of the Chair shall attempt govern.
h) Each party shall pay the fees and expenses of its appointee to select an arbitrator Arbitration Board and the Employer and the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator.
i) By mutual agreement between the Employer and the Union, and in the case of an Employer or a Union grievance, or in the case of a grievance involving discharge of an employee, the processing of a grievance may begin at Step 2.
j) It is intended that grievances shall be processed as quickly as possible. If the grieving party does not appeal the grievance to the successive stage within the specified appeal time limit, the grievance shall be deemed to be abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage.
k) Time limits in this article may be extended by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) In all cases, “days” means calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingdays.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance Step 1 The aggrieved employee may, with or without PBA representation, submit a written grievance on the following procedure. However, upon mutual agreement prescribed form to the Office of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty Police Chief within twenty (3020) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee. The written grievance at this step, through and at all steps thereafter, shall contain the use of reasonable diligence had or should have had, knowledge following information:
1. A statement of the event(sgrievance including date of occurrence, details, and facts upon which the grievance is based.
2. The article and section, if appropriate, of the Agreement alleged to have been violated.
3. The action, remedy, or solution requested by the employee.
4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances.
5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/grievant or the PBA shall have five (5) giving rise additional calendar days to fully complete and resubmit the grievance. This meeting shall be held within fourteen Within fifteen (1415) calendar days of receipt of the requestgrievance, the Police Chief or his designee shall meet with the grievant and/or the PBA representative, if applicable, to discuss and seek a solution to the grievance. The supervisorWithin seven (7) calendar days after the meeting, employee(s) and Union ▇▇▇▇▇▇▇ the Police Chief or designee shall attempt to resolve the matter. The supervisor shall respond give a response in writing to the grievant with a copy to and the ▇▇▇▇▇▇▇ within fourteen (14) calendar days PBA representative as the case may be. The written response at this step and all steps thereafter shall contain the following the meetinginformation:
1. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature An affirmation or denial of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based.
2. An analysis of the alleged violation of the Agreement.
3. The remedy or solution, and the relief requested if any, to be made.
4. Signature of the appropriate Human Resourcesmanagement representative.
Step 3. 2 If the grievance remains unsettledis not resolved at Step 1, the aggrieved employee and/or PBA representative, if applicable, may submit a copy written appeal to the Labor Relations Office within fifteen (15) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance shall be submitted by on the Union prescribed form to the appropriate Human Resources Department Labor Relations Office within fourteen twenty (1420) calendar days after the second step answer was given or was dueoccurrence of the matter from which the grievance arose. The appropriate Human Resources Department Labor Relations Manager or designee, if deemed appropriate, shall convene a hearing meet with the Union Business Representativeaggrieved employee, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇Department management, and the appropriate Union ▇▇▇▇▇▇▇PBA representative, the head of the Administrative Unitif applicable, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen fifteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (1415) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response receipt of the head written appeal to discuss and seek a resolution of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety grievance. Within fifteen (9015) calendar days to request arbitration by way of after this meeting, the Labor Relations Manager or designee shall give a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent written recommendation to the office of Human ResourcesPolice Chief or designee and to the aggrieved employee and/or PBA representative, if applicable. The Union shall Police Chief will then have fifteen (15) days to make a good faith effort any changes to reduce the ninety (90) calendar day time limit whenever possible disciplinary action following the recommendation by the Labor Relations Manager or designee. In the event the PBA representative; the employee, if not represented by the PBA; and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to Labor Relations Manager or designee mutually agree upon the selection of an arbitrator within the said ten (10) calendar day periodto waive Step 2, the Union shall immediately request the Minnesota State Bureau PBA or aggrieved employee may proceed directly to arbitration as described in Article 10 of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingthis Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances The office holder or designate at any Step of the grievance procedure shall not be settled the same person as the designate at a previous Step of the grievance procedure. If this requirement cannot be met in the judgment of the Employer the grievance will be advanced to the next Step of the grievance procedure in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is openCollective Agreement.
Step 1) If a past or present employee has a grievance (the grievor), the grievor shall, within twenty (20) working days after the occurrence of the matter, present a written grievance to the appropriate Program Director. The Union Program Director will give a written decision to the grievor and the grievor’s ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty or other designated Union representative within ten (3010) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar working days of receipt of the requestgrievance at Step 1. If there is no Program Director, the grievance will be initiated at Step 2 within the same timeline of twenty (20) working days.
Step 2) If the grievance is not resolved at Step 1 or there is no Program Director, the written grievance may be referred to the ▇▇▇▇ of Theology or Principal of USMC as appropriate. The supervisor, employee(s) ▇▇▇▇ of Theology or Principal of USMC will give a written decision to the grievor and Union the grievor’s ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the or other designated Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar working days thereafter of receipt of the parties shall attempt to select an arbitrator by mutual agreement. grievance at Step 2.
Step 3) If the parties fail grievance is not resolved at Step 2, the written grievance may be referred to mutually agree upon the selection President of an arbitrator USMC or designate, transmitted by a letter signed by the Chair or Grievance Officer of the Union. The President of USMC or designate will give a written decision to the Chair or Grievance Officer of the Union within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar working days following the after receipt of the list to select an arbitrator in the followinggrievance at Step 3.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
A. Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step : Within twenty-one grievance to the appropriate supervisor no later than thirty (3021) calendar days from after the date the employeegrievant, through the use of reasonable diligence had or diligence, should have had, knowledge of the event(s) event giving rise to the grievance, the grievant and/or Association representative shall arrange a meeting with the grievant's immediate supervisor to resolve the grievance. This meeting A grievance shall be held identified as such. If the grievance is not resolved within fourteen three (143) days of this meeting, the grievance must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fifteen (15) calendar days of receipt said meeting.
B. Step 2: If the grievance is not resolved to the satisfaction of the request. The supervisorAssociation at Step 1 of this procedure, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ Association may within fourteen fifteen (1415) calendar days following after the meeting. If immediate supervisor's response is given or due, whichever comes first, present the grievance remains unresolvedin writing to the Appointing Authority's Human Resources office, or other party as designated by the Union may submit it Appointing Authority to Step Two.
Step 2process grievances. If the The written grievance has not been settled, it shall be submitted in writing, stating state the nature of the grievance, the specific provisions(sfacts upon which it is based, the provision(s) of the Agreement in question, the alleged facts upon which the grievance is basedallegedly violated, and the relief requested to the appropriate Human Resources
Step 3requested. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen Within fifteen (1415) calendar days after the second step answer was given or was due. The appropriate Appointing Authority's Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unitoffice, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive other party as designated receives the written grievance. This , the Appointing Authority's representative shall arrange a meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt Association Representative to resolve the matter and grievance. The Appointing Authority's representative shall respond to the grievance in writing to the Union Business Representative Association Representative(s) and the Association within fourteen fifteen (1415) calendar days of the meeting.
C. Step 4. 3: If the grievance still remains unresolved the Association may within fifteen (15) calendar days after the response of the head Appointing Authority or his/her designee is due request arbitration of the Administrative Unitgrievance, or their designee, is given or is due, by written notice to the Union shall have ninety (90) calendar days to request State Negotiator. The arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent proceedings shall be sent to conducted by a three member Board of Arbitration composed of one (1) representative of the office Association, one (1) representative of Human Resourcesthe Employer, and one (1) neutral member. The Union neutral member shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter be selected by the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingseven
Appears in 2 contracts
Sources: Employment Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances ▇. ▇▇▇▇▇▇▇▇▇▇ are defined as any dispute concerning the interpretation or application of the terms of this Agreement.
B. Any grievance shall be settled presented to the University in accordance with the following procedure. Howevermanner, upon mutual agreement and every effort shall be made by the Association and the University to secure a prompt disposition of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.such grievance:
Step 1. The Union If an employee believes he/she has a grievance involving a violation of this Agreement, he/she may discuss this with his/her immediate supervisor. If the employee desires, he/she may ask to be accompanied by the Association ▇▇▇▇▇▇▇. Such grievance shall be presented within seven (7) calendar days from the date on which the alleged infraction giving rise to the grievance occurred.
Step 2. If a grievance is not satisfactorily settled by the employee's immediate supervisor, the Association ▇▇▇▇▇▇▇ shall reduce the grievance into writing and present same to a representative designated by management no later than ten (10) calendar days after the violation was discussed in STEP 1. The designated management representative will schedule a meeting to discuss this grievance at the place of employment during regular business hours no later than ten (10) calendar days after receipt of the written grievance. The Association ▇▇▇▇▇▇▇, the grievant(s) and the designated management representative will attempt to resolve the grievance at this point. The designated management representative will render a written request for decision in either case within ten (10) calendar days following the STEP 2 grievance meeting.
Step 3. If the grievance is not satisfactorily settled by the designated management representative, the Association ▇▇▇▇▇▇▇ shall within ten (10) calendar days notify in writing the Department Head of the Office of Human Resources that he/she wishes to have a step one conference to discuss said grievance. This STEP 3 grievance conference shall be held within ten (10) calendar days of receipt of the Association ▇▇▇▇▇▇▇'▇ request. The Department Head of the Office of Human Resources or his/her designee will render a written decision within ten (10) calendar days after said conference.
Step 4. If the decision of the Department Head of the Office of Human Resources or his/her designee is not satisfactory to the Association, the President of the Association must notify the Department Head of the Office of Human Resources of the Association's desire to refer said grievance to the appropriate supervisor arbitration. Such notice must be received no later than thirty (30) calendar days from following the date the employee, through the use of reasonable diligence had or should have had, knowledge decision of the event(sDepartment Head of the Office of Human Resources or his/her designee.
C. The time limits contained in this Article may be extended by mutual agreement between the parties, and without precedent being established thereby; however, should any grievance not be resolved within ninety (90) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt Step 1, said grievance may then, without prejudice, be submitted to arbitration.
D. For the purpose of processing grievances pursuant to this Article, the request. The supervisor, employee(sUniversity agrees to recognize one (l) and Union Shop ▇▇▇▇▇▇▇ shall attempt to resolve the matterfrom each shift. The supervisor shall respond Association agrees to inform the Department Head of the Office of Human Resources in writing of the names of Shop Stewards and the shifts they represent, and to supplement this information if changes are made.
E. The University will make available to the grievant with a copy Association requested information that is necessary and relevant to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature Union’s processing of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled Definition: Any unit member in accordance this unit who feels that their wages, hours or working conditions do not conform with the standard as negotiated and set forth in this contract, shall have the following proceduregrievance procedure available. However, upon mutual agreement Such matters must be taken up at Step I of the parties, any step in following procedures within 20 working days after the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had unit member knew or should have had, knowledge known of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon act or condition on which the grievance is based. In processing grievances through all steps of this procedure, unit members may be accompanied by a representative of the association.
A. Oral discussion of complaint with supervisor.
B. Oral reply by supervisor within ten (10) days.
C. If unresolved by oral response of supervisors, proceed to Step II within ten (10) days of oral reply.
A. Complaint is written up as a grievance and the relief requested presented to supervisors. Association grievance committee could file a written complaint and present to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy supervisor on behalf of the original written grievance shall be submitted by the Union unit members.
B. Supervisor to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen ten (1410) calendar days of the meetingdays.
C. If unresolved by supervisor's reply, proceed to Step 4III within ten (10) days. If the Step III
A. Association grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. committee files written appeal with authorized district representative.
B. Within ten (10) calendar days, the district authorized representative convenes meeting with association grievance committee to discuss grievance. District provides written response within ten (10) days.
C. If unresolved by district representative's written reply, association may, within ten (10) days, appeal grievance to Superintendent for hearing. Step IV
A. Within ten (10) days thereafter of appeal, a hearing is held.
B. Superintendent renders decision within ten (10) days of completion of hearing. Step V Arbitration will apply to contractual grievances for all unit members. In discipline matters, arbitration only applies to those unit members with three or more years of service.
A. If the parties shall attempt unit member and/or association are not satisfied with the decision at Stage IV, it may submit the grievance to select an arbitration by written notice to the Superintendent of Schools within fifteen (15) work days of the decision at Stage IV.
B. Within fifteen (15) work days or less after such written notice of submission to arbitration, the Superintendent and the association will agree upon a mutually acceptable arbitrator by mutual agreementcompetent in the area of the grievance, and will obtain a commitment from said arbitrator to serve. If the parties fail are unable to mutually agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association by either party. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
C. The selected arbitrator within will hear the said ten (10) calendar day period, matter and render a decision.
D. The arbitrator shall have no power to make any decision which requires the Union shall immediately request the Minnesota State Bureau commission of Mediation Services an act prohibited by law or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt which is violative of the list to select an terms of this agreement.
E. The decision of the arbitrator in shall be final and binding upon all parties.
F. The costs for the followingservices of the arbitrator, including expenses, if any, will be borne equally by the Board of Education and the association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. : The employee or the Union ▇▇▇▇▇▇▇ shall present a written request for a step one reduce the grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employeewriting, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held sign and file it within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond occurrence which gave rise to the grievant with a copy to the ▇▇▇▇▇▇▇ grievance or within fourteen (14) calendar days following of when he/she/the meetingUnion knew or should have known of the occurrence, whichever last occurs. An employee shall file his/her grievance with the Union or directly with the Chief within the time provided above. If the grievance remains unresolvedemployee files directly with the Chief, the grievance shall include:
a. A statement of the grievance and a brief statement of the facts involved.
b. The remedy requested.
c. The Article and Section of the agreement which grievant claims has been violated. The Union may submit it shall have no obligation or right to process a grievance filed directly with the Chief, but shall be notified of the Step Two3(A) grievance meeting and arbitration, if any, involving a direct filed grievance.
Step 2: The Union Grievance Committee upon receiving a written and signed grievance not filed directly with the Chief under Step 1 above shall determine if a grievance exists. If in its opinion no grievance exists, no further action is necessary and the grievance has shall not been settled, it shall be submitted in writing, stating subject to resolution under this contract.
a. For grievances filed by employees directly with the nature of the grievanceChief, the specific provisions(s) of Chief or his designee, shall meet with the Agreement in question, the alleged facts upon which grievant to discuss and attempt to resolve the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing grievance is filed with the Chief.
b. For grievances filed under Step 2, if the Union Business RepresentativeGrievance Committee believes a grievance does exist, as soon as reasonably possible but in no event not more than twenty-one (21) calendar days after the grievance is filed with the Union, the Union Grievance Committee consisting of the Local Union Presidentshall, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the physical presence of the aggrieved employee presentemployee, present the grievance in writing, and signed by the Committee Chairman, to the Chief for adjustment. The head grievance shall include: • The name or classification of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days grievant(s). • A copy of the meetingStep 1 grievance showing the date originally filed. • The remedy requested. • The Article(s) and Sections(s) of the CBA claimed to be violated.
c. The Chief shall respond within twenty-one (21) days.
Step 4. If : Within twenty-one (21) calendar days after the Chief's decision in Step 3(c); if the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is duehas not been settled, the Union or the employee shall have ninety (90) calendar days submit the grievance to request arbitration by way of the Commissioners for review at their next regularly scheduled meeting. The Commission shall render a letter of intent decision or decide to arbitrate/notice of arbitrationwaive review not later than at its next regularly scheduled meeting. This letter of intent Failure to make a decision shall be sent to deemed a waiver. A waiver by the office Commission shall be deemed an adoption of Human Resourcesthe Chief's position. The Chief shall notify the Union shall in writing of the Commissions' decision, waiver or failure to make a good faith effort to reduce the ninety decision within twenty-one (9021) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingdays.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances Grievances shall be settled dealt with in accordance with the following proceduremanner. HoweverStep One: Where an employee has a grievance, upon mutual agreement he or she shall give written notice of the partiesmatter to this immediate supervisor or designate within ten (10) working days after he became aware, any step in the procedure may be waived. For purposes of this Articleor reasonably ought to have been aware, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) occurrence of the circumstances giving rise to the grievance. This meeting The supervisor or designate will give a written response to the employee within 5 business days. If the response is not satisfactory to the grievor, the grievance may proceed to Step Two or three as appropriate. Step Two: Where the decision of the employee’s supervisor or designate is not satisfactory, the grievance shall be held submitted in writing signed by both the grievor and the union to the General Manager or his designate within fourteen seven (147) calendar working days. The General Manager or his designate shall give his or her decision in writing to the grievor and the union within seven (7) working days. If the decision is not satisfactory to the grievor or the union, the grievance may proceed to step three. Step Three: The Union may refer the matter to Arbitration within ten (10) working days of receipt of the request. decision.
a) The supervisortime limits may be extended by mutual agreement.
b) If the Union, employee(s) and Union ▇▇▇▇▇▇▇ an employee, or a group of employees choose not to grievance a particular situation, or withdraw a grievance at any stage, such action or lack of action shall attempt be entirely without prejudice to resolve the matter. The supervisor shall respond to the grievant any grievance dealing with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twosimilar matter.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(sc) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step Where no answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is duewithin the limits specified herein, the Union shall have ninety (90) calendar days be entitled to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent proceed to the office next step of Human Resources. the Grievance Procedure.
d) The Union and its representatives shall make have the right to originate a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection grievance on behalf of an arbitrator within the said ten (10) calendar day periodemployee, the Union shall immediately request the Minnesota State Bureau or a group of Mediation Services employees, or the American Arbitration Association Union, and to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following seek redress with the receipt of the list to select an arbitrator Employer in the followingmanner provided for in this Article. Such grievances may be initiated at Step Two.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall A grievance is a dispute regarding the interpretation, application, operation, or alleged violation of this Agreement, or the dismissal or discipline of an employee covered by this Agreement. Should a grievance arise between the Employer and an employee covered by this Agreement the grievance will be settled resolved in accordance with the following proceduremanner:
(a) Step 1 - The employee and/or the Union representative shall present the grievance in writing to the employee’s immediate supervisor with a copy to the Labour Relations Officer within twenty-five (25) days after the date on which the grievor first became aware of any action or any lack of action by the Employer or other circumstances giving rise to the grievance. HoweverAt the request of either party, upon mutual agreement of the parties, any step in immediate supervisor shall arrange a meeting or teleconference to discuss the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1grievance. The Union employee shall have the right to have a ▇▇▇▇▇▇▇ or Union representative present at such a discussion. The immediate supervisor shall present give a written request for a step one grievance decision in writing to the appropriate supervisor no later than thirty employee and the Union within ten (3010) calendar days from after the date grievance meeting was held.
(b) Step 2 - If the employeedispute is not settled at Step 1, through the use of reasonable diligence had or should have had, knowledge of grievor and/or the event(s) giving rise Union representative shall submit the grievance in writing to the grievance. This meeting shall be held District Executive Director/Senior Manager within fourteen ten (1410) calendar days of receipt by the Union of the requestStep 1 answer. The supervisorAt the request of either party, the District Executive Director/Senior Manager shall arrange a meeting or teleconference with the Union to discuss the grievance the employee(s) and Union shall have the right to have a ▇▇▇▇▇▇▇ shall attempt to resolve the matteror Union representative present at such a meeting. The supervisor District Executive Director/Senior Manager shall respond to the grievant with give a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond decision in writing to the Union Business Representative within fourteen ten (1410) calendar days of after the meetingStep 2 grievance meeting was held.
(c) Step 4. 3 - If the grievance remains unresolved after at Step 2, the response matter may be submitted to Arbitration within sixty (60) days of the head of the Administrative Unit, or their designee, is given or is due, date the Union shall have ninety receives the Employer’s response at Step 2.
(90d) calendar days In determining the time in which any step under the foregoing proceedings is to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent be taken, Saturdays, Sundays and recognized holidays shall be sent to the office of Human Resourcesexcluded. The Union shall make a good faith effort to reduce time limits for the ninety initial filing of grievances under Article
(90a) calendar day are mandatory. Other time limit whenever possible and particularly limits established in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingthis Article are directory.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All grievances 10.1.1.1 Where a difference arises between the Parties relating to the interpretation, application or administration of this Agreement, including a question of whether a matter is arbitrable, or where an allegation is made that the Agreement has been violated or that the suspension, discharge, demotion, or discipline of a fire fighter is without just cause, then such matter, here and after referred to as “the grievance”, shall be settled in accordance dealt with as set out below.
10.1.1.2 The Association shall appoint a Grievance Committee hereinafter referred to as “the following procedure. However, upon mutual agreement Grievance Committee” to be composed of five (5) members of the partiesAssociation. The Association shall identify to the Corporation, in writing, the members of the Grievance Committee and any step in changes to the procedure may make-up of the Grievance Committee as any changes occur. A member of the executive shall be waivedappointed as chair of the grievance committee. For purposes Only three (3) members of this Articlethe Grievance Committee, "working days" including a member of the executive that is defined appointed as chair of the grievance committee, are allowed to be designated as the days when representatives of the appropriate Human Resources office is openAssociation in a grievance.
Step 110.1.1.3 In the event that an employee coming within the Association has a potential grievance, the employee shall, forthwith, bring the matter to the Grievance Committee. The Union ▇▇▇▇▇▇▇ Grievance Committee shall present give due consideration to any matter brought to it by a written request member, and if they are satisfied that there is just cause for a step one grievance it shall be reduced to writing, setting out the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge nature of the event(sgrievance and the redress sought. The grievance shall then be taken forward as follows:
Step 1 Within fifteen (15) working days after the matter giving rise to the grievancegrievance first arose, the grievance shall be filed with the Fire Chief or his/her designate, and copied to Human Resources. This A meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisorscheduled forthwith, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to try to resolve the matter. The supervisor Fire Chief shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ render his/her decision in writing within fourteen seven (147) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar working days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days date of the meeting.
Step 4. If 2 In the grievance remains unresolved after event that the response of the head of the Administrative Unit, or their designee, matter is given or is duenot resolved at Step One, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator Grievance Committee may, within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names working days after the receipt of neutral arbitrators said decision, forward a copy of the grievance together with the decision to Human Resources. Upon receipt of such copies, Human Resources, or his/her designate, shall confer forthwith with the Grievance Committee, and shall render his/her decision, in writing, within five seven (57) calendar working days following from the date of the meeting.
Step 3 In the event that Human Resources, or his/her designate does not provide redress satisfactory to the Grievance Committee, the Grievance Committee may within seven (7) working days after the receipt of the list aforesaid written decision of the Human Resources, or his/her designate, forward to select an arbitrator the Chief Administrative Officer or designate of the Corporation, a copy of the grievance together with the decision of Human Resources, or his/her designate. Upon receipt of such copies, the Chief Administrative Officer, or his/her designate, shall confer forthwith with the Grievance Committee and shall render his/her decision, in writing, within seven (7) working days from the followingdate of the meeting.
Step 4 In the event the Chief Administrative Officer, or his designate, does not provide redress satisfactory to the Grievance Committee, the grievance may be submitted to Arbitration within twenty-one (21) working days of receiving the written decision at Step Three (3), based on the arbitration procedure as hereinafter provided.
10.1.1.4 Where a grievance involves a group of employees, said grievance shall be filed at Step Two (2) of the Grievance Procedure and one (1) representative grievor may attend, without loss of wages and benefits.
10.1.1.5 Where a difference arises between the Association and the Corporation relating to the interpretation, application or administration of this Agreement, the Grievance Committee may file a grievance at Step Two (2) within fifteen (15) working days after the matter has first come to the attention of the Association, and the provisions of this Article shall apply.
10.1.1.6 Time limits for all steps of the entire grievance and arbitration procedure are mandatory unless extended by mutual consent. In determining the time in which any Step is to be taken under the provisions of this Article, Saturdays, Sundays, Statutory and Declared Holidays, Vacation Days, Lieu Days or Sick Days shall be excluded.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All (a) The representatives for the effective handling of grievances and disputes between the parties under this Agreement shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.be:
Step 1. The Union will be represented by properly designated shop stewards. Shop Stewards will be elected in accordance with Local Lodge By-laws or may be appointed by the District 142 General Chair.
2. The Union will be further represented by the General Chair who will deal with officials of the Company together or through an accredited representative of the Union.
3. The Company will be represented by an authorized representative who will be empowered to settle all local grievances not involving changes in Company policy or the intent and purpose of this Agreement.
4. The Union and the Company will, at all times, keep the other party advised through written notice of any change in authorized representatives.
5. The accredited representatives of the Union shall be permitted at any reasonable time to enter shops and facilities of the Company for the purpose of investigating grievances and disputes after contacting the Company official in charge and advising him of the purpose of the visit.
6. If discipline is issued by the Company, a copy of the letter of discipline will be furnished to the employee.
7. All covered employees will be entitled to have Union representation present prior to any discussions, upon request, that may result in discipline.
(b) For the presentation or adjustment of disputes or grievances that may arise, except those involving discipline to the extent of loss of pay or discharge, the procedure will be:
1. A complaint or grievance shall first be taken up orally between the aggrieved employee, ▇▇▇▇▇▇▇ and his immediate supervisor within five (5) calendar days after the occurrence of the event giving rise to the grievance or from the latest existence if it is continuing in nature. Employees absent thirty (30) calendar days or less due to illness, vacation or approved leave of absence shall be allowed to submit a complaint or grievance, based on an occurrence during their absence, within five (5) calendar days of their return to work. The supervisor shall give his oral disposition to the employee and shop ▇▇▇▇▇▇▇ within five (5) calendar days, unless an extension of time is mutually agreed upon.
2. If the oral decision rendered is not considered satisfactory in Step 1, the shop ▇▇▇▇▇▇▇ shall present a written request for a step one reduce the grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the requestwriting. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt and grievant will sign and date the grievance and present it to resolve the matterimmediate supervisor within five (5) calendar days of the supervisor's oral disposition in step 1. The supervisor will give his written disposition within five (5) calendar days, unless an extension of time is mutually agreed upon in writing.
3. The District 142 General Chair or Representative, Grievant, Grievance Committee and the Director of Human Resources or another designee shall respond meet to discuss the grievance. In the event the grievance is not settled within ten (10) working days after such meeting the grievance may be taken to arbitration by either the Company or the Union upon written notice within a thirty (30) calendar day period. Failure to notify either party of their intent for arbitration within the thirty (30) day period will deem the grievance to be withdrawn.
4. All grievances and answers to grievances must be in writing to the grievant with a copy appropriate parties at each step of the procedure (Excluding Oral Step).
5. Grievances involving discharge or suspension shall be initiated in Step two (2).
6. The Union or the Company may at any time during the grievance procedure take the dispute directly to arbitration upon notification to the other party as stated in step three (3).
7. Any grievance referred to arbitration under this Agreement will be in accordance with the FMCS rules and regulations.
8. The decision of the arbitrator shall be final and binding upon the parties hereto and all fees and expenses of the arbitrator shall be borne equally by the parties.
9. The Arbitrator shall have no power of authority to add, subtract, alter, amend or modify any of the terms of this Agreement.
10. It is understood that the General Chair or his authorized representative may intervene and participate in the handling of a grievance at any level of the grievance procedure.
(c) No employee selected as a shop ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, or officer of the Union may submit it to Step Twowill be discriminated against for lawful activity on behalf of the Union.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s(d) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, The Union will insure a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief shop ▇▇▇▇▇▇▇, ▇ is available for all hearings and investigations at no cost to the appropriate Union ▇▇▇▇▇▇▇, the head Company when they are properly notified of the Administrative Unit, hearing or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetinginvestigation.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 1 contract
Sources: Labor Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with Should any dispute arise between the following procedure. HoweverCompany and the Employees or the Company and the Association as to the interpretation, upon mutual agreement application or alleged violation of any of the parties, any step in the procedure may be waived. For purposes provisions of this ArticleAgreement, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union an ▇▇▇▇▇▇▇ effort shall present be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a written request for “working day” shall be defined as a step one company day of operation ie. Monday through Saturday exclusive of statutory holidays. Timelines within the grievance procedure must be adhered to 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. Grievances must be presented within three (3) working days of the incident. Should either party be absent during this time period, or during the three (3) and five (5) working day periods specified in Steps 1 through 3, the time limits may be extended to cover the duration of such absence(s).
Step 1 Within three (3) days of the occurrence of the difference, the employee with or without an Association Representative shall discuss the difference with the immediate supervisor. 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 next step. Present your problem in writing on a Grievance form to your Supervisor and forward a copy of the grievance to your Human Resources Manager. If an Association Representative is unavailable, any fellow employee may represent the appropriate supervisor no later than thirty employee at this stage in the procedure. If the matter is not resolved within three (303) calendar working days, proceed to the next step. Note: In certain work areas, additional steps involving additional levels of management may be required before reaching Step 3. The time limit for resolving each of any additional step(s) is three (3) working days. Present the Grievance form to the Manager. If an Association Representative is unavailable, any fellow employee may represent you at this stage in the procedure. If the matter is not resolved in five (5) working days, the employee may proceed to Arbitration.
1. Grievances must be submitted to the Arbitrator within fifteen (15) days of the completion of Step 3 of the Grievance Procedure.
2. Each grievance will be heard by a single independent Arbitrator.
3. The single Arbitrator will be chosen from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union following list: ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇ ▇▇▇▇▇▇▇ within fourteen (14) calendar days following
4. The appointed Arbitrator can only apply the meeting. If agreement, he cannot add/amend anything in the grievance remains unresolved, the Union may submit it to Step Twoagreement.
Step 25. If 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 grievance has not been settled, it Arbitrator’s expenses.
7. The Arbitrator’s decision shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, final and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetingbinding.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 1 contract
Sources: Wage and Working Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waivedSection 1. For purposes the purpose of this ArticleAgreement, the term "working daysgrievance" is defined as a dispute between the days when Center and ONA, or between the appropriate Human Resources office is open.
Step 1Center and a nurse concerning the interpretation and/or application of, or compliance with, any provision of this Agreement. The Union ▇▇▇▇▇▇▇ shall present Any grievance must allege a written request for violation of a step one specific provision of this Agreement. When any such grievance to arises, the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting following procedure shall be held observed. If the nurse(s) or ONA wish to carry the grievance higher, the nurse(s) or ONA must initiate each step within fourteen (14) calendar days of receipt of the requestdecision being appealed. The supervisorGrievances not answered within the time limits prescribed in Steps 1, employee(s) 2, and Union ▇▇▇▇▇▇▇ 3 shall attempt to resolve the matter. The supervisor shall respond automatically advance to the grievant with next step unless such time limit is extended by mutual agreement.
Step 1. Any nurse having a copy grievance will reduce the grievance to writing and must present it to the ▇▇▇▇▇▇▇ Division Director or designee, within fourteen (14) calendar days following of the meetingalleged grievance. If A meeting will be held to discuss the grievance remains unresolved, within fourteen (14) calendar days from the Union may submit it to Step Two.date the grievance is
Step 2. If the grievance has nurse is not been settled, it shall be submitted in writing, stating satisfied with the nature of the grievanceadjustment made at Step 1, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union presented to the appropriate Human Resources Department Director of the Center or his/her designee, within fourteen (14) calendar days after the second step answer was given or was dueStep 1 response. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting Director of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, Center or their designee, the immediate supervisor grievant and an appropriate Human Resources Department representative representatives of ONA will meet within fourteen (14) calendar days from after the time they receive date the written grievancegrievance is presented. This meeting may A decision shall be held with or without made by the aggrieved employee present. The head Director of the Administrative Unit Center or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative by his/her designated representative within fourteen (14) calendar days of the Step 2 meeting. The decision shall be in writing.
Step 3. If the grievance is not settled at Step 2 then it may be presented to the Director of Labor Relations or his/her designated representative within fourteen
Step 4. If the grievance remains unresolved after is not resolved as provided in Step 3, it may be submitted to arbitration upon request of either party.
Section 2. Grievances may be processed by the response nurse filing the grievance during working hours. Grievance meetings with the Division Director or designee, Center Director or designee or 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 substantial number of identified nurses may initially be presented at Step 2 of Section 1, and may be filed by ONA. These grievances will be reduced to writing with available substantiating facts. Any grievance which involves the reduction, demotion, suspension or dismissal of a nurse or loss of vacation will be initiated at Step 3 of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followinggrievance procedure.
Appears in 1 contract
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with 15.01 In the following procedure. Howeverevent that an Employee has any grievance, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union an ▇▇▇▇▇▇▇ effort shall present a written request be made to immediately eliminate the cause for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting A grievance is defined to include any differences, disputes or complaints regarding the application or interpretation of this Agreement, including questions of promotion, transfer, demotion, lay off, suspension, discharge and discipline of Employees, or any matter regarding wages, hours and working conditions covered by this Agreement.
15.02 All grievances must be presented in writing signed by the Plant Chairman or his authorized representative to the Plant Manager within five (5) working days after the inception of the occurrence thereof, except as set out in Article II relating to discharges, otherwise they shall not be entitled to consideration.
15.03 Grievances shall be held adjusted as quickly as possible in the following manner:
Step 1. The immediate supervisor within fourteen three (143) calendar business days of receipt of a grievance will conduct a hearing with the request. The supervisor, employee(s) and Union appropriate ▇▇▇▇▇▇▇ shall attempt to resolve and the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meetinggrievant. If the grievance remains unresolvedis not resolved within the following three (3) business days, the Union may submit it Plant Chairman, or his representative, has two (2) business days to Step Tworefer the grievance to the Department Head.
Step 2. The Department Head within three (3) business days of receipt of the grievance will conduct a hearing with the Plant Chairman, or his representative, and the grievant. If the grievance has is not been settled, it shall be submitted in writing, stating resolved within the nature of the grievancesucceeding three (3) business days, the specific provisions(sPlant Chairman, or his representative, has two (2) of the Agreement in question, the alleged facts upon which business days to refer the grievance is based, and the relief requested to the appropriate Human ResourcesPlant Manager.
Step 3. If the grievance remains unsettledThe Plant Manager, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇his representative, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative UnitPlant Chairman, or their designeehis representative, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall meet to attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4grievance. If the grievance remains unresolved after the response is not resolved within six (6) business days of the head of the Administrative Unit, or their designee, is given or is duereferral from Step 2, the Union shall have ninety (90) calendar days may move the grievance to request arbitration by way of submitting a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to written request for the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators same within five (5) calendar business days following the thereafter.
15.04 Within five (5) days from receipt of such request for arbitration the list to select an arbitrator in Company and the followingUnion shall each appoint one (1) arbitrator, and the two arbitrators thus selected shall, within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances 19.01 Stewards and the CLAC Representative are the agents through which employees shall be settled in accordance with process and settle their grievances. No employee shall file a grievance until he has brought his complaint to his supervisor and given his supervisor a reasonable opportunity to address the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is opencomplaint.
19.02 Any employee having an Individual Grievance will:
Step 1. The Union : Accompanied by a ▇▇▇▇▇▇▇ shall present or a written request for a step one CLAC Representative, submit the grievance to the appropriate his immediate supervisor no later than thirty within five (305) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge workdays of the event(s) giving rise to act or condition causing the grievance. This meeting supervisor shall deal with the grievance not later than the third workday following the day upon which the grievance is submitted and shall notify the grievor and the Union
Step 2: If the grievance is not settled under Step 1, a Union Representative may, within five (5) workdays of the decision under Step 1 or within five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the Union Representative of his decision in writing within three (3) workdays following the meeting.
19.03 A Group Grievance is a grievance on behalf of a group of employees who have the same complaint. It shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union signed by a ▇▇▇▇▇▇▇ shall attempt to resolve or a CLAC Representative, as well as the matteremployees involved. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The supervisor grievors shall respond be listed on the grievance form.
19.04 The Employer or the Union shall not be required to consider or process Individual or Group grievances which arise out of any action or condition more than five (5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. At no time may an employee or group of employees file a grievance on behalf of another employee.
19.05 A policy grievance is defined as one which involves a question relating to the grievant with interpretation, application or administration of this Agreement, including any question as to whether a copy matter is arbitrable. A Policy Grievance may be submitted by either party to the arbitration under Article 20, by-passing Step 1 and Step 2. Such Policy Grievance shall be signed by a ▇▇▇▇▇▇▇ within fourteen (14) calendar days following or a CLAC Representative, or in the meeting. If case of an Employer's Policy Grievance, by the grievance remains unresolved, Employer or his representative.
19.06 It is understood that the Union may submit it to Step Two.
Step 2. If the owns any grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted filed by the Union or by an employee and that any decision to settle the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given grievance or was due. The appropriate Human Resources Department shall convene a hearing advance it to arbitration rests with the Union Business RepresentativeUnion, not with the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetinggrievor(s).
Step 4. If 19.07 Prior to referring any grievance to arbitration, either party may request the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way services of a letter of intent to arbitrate/notice of arbitrationmediator. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter Upon such request, the parties shall attempt jointly select a mediator to select an arbitrator by mutual agreementassist in settling the matter in dispute. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt The cost of the list mediator shall be borne equally by the parties. The time limits in this Agreement shall not be considered violated if such time limits are exceeded due to select an arbitrator in the followinguse of a mediator.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All grievances The following procedure applies Steps apply to the processing of grievances:
A. Step One (1) - Local or Employing Agency Designee An employee or Association Representative having a grievance shall be settled in accordance file it with the following procedure. However, upon mutual agreement Local or Employing Agency Designee within fifteen (15) working days of the parties, any step in date on which the procedure may be waived. For purposes employee knows or reasonably could have had knowledge of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance event giving rise to the appropriate supervisor grievance, but no later than thirty (30) calendar days after the event. If being on approved paid leave prevents a Grievant from the date the employee, through the use of reasonable diligence had or should have had, having knowledge of an occurrence, then the event(s) giving rise to the grievance. This meeting time lines shall be held within fourteen extended by the number of days the employee was on such leave except that in no case will the extension exceed ninety (1490) calendar days of after the event. Upon receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) Local or Employing Agency Designee shall indicate the date of the Agreement in question, the alleged facts upon which receipt on the grievance is based, and the relief requested to the appropriate Human Resources
Step 3form. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within Within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department of receipt, a meeting shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee presentGrievant. The head of the Administrative Unit or their designee Grievant shall attempt to resolve the matter and respond in writing receive notification at least two (2) days prior to the Union Business Representative within fourteen (14) calendar days of meeting. An Association Site representative, and/or other authorized Association representative, may attend the meeting.
Step 4. If meeting and shall represent the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resourcesemployee if requested. The Union shall make a good faith effort to reduce OEA LRC will serve as spokesperson for the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liabilityAssociation during the meeting unless otherwise designated. Within ten (10) calendar days thereafter of after this meeting, the parties Local or Employing Agency Designee shall attempt respond on the grievance form and return a copy to select an arbitrator by mutual agreement. If the parties fail Grievant and to mutually agree upon the selection of an arbitrator Association site representative Site Representative.
B. Step Two (2) - Employing Agency Director Should the Grievant or the Association not be satisfied with the written answer received at Step One (1), within the said ten (10) calendar day perioddays after receipt thereof or the date such answer was due, whichever is earlier, the Union grievance shall immediately request be filed with the Minnesota State Bureau Employing Agency Head/Director or designee. When different work locations are involved, transmittal of Mediation Services grievance appeals and subsequent responses shall be by U.S. Mail. The grievance may be submitted by serving written notice (including a copy of the grievance) presented to the Employing Agency Head/Director or designee. The mailing of the American Arbitration Association grievance appeal shall be timely, if it is postmarked within the appeal period. Envelopes lacking a legible postmark shall be assumed to provide a list of seven have been mailed three (73) names of neutral arbitrators within five (5) calendar days following the prior to their receipt. Upon receipt of the list to select an arbitrator in grievance, the followingEmploying agency head Agency Head/Director or designee shall hold a meeting and render a decision within forty-five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances 11.1 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. Grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.manner:
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date ▇, with the employee, through shall take up the use grievance within ten (10) working days of reasonable diligence had or should have had, his/her knowledge of its occurrence with the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the requestEmployer-designated representative. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ Employer-designated representative shall attempt to resolve adjust the matter. The supervisor matter and shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen ten (1410) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twoworking days.
Step 2. If the grievance has not been settledis still unsettled, it shall be submitted the Union may, within ten (10) working days after the reply of the employer designated representative is due, present the grievance, in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resourcesdepartment director or employer designated representative who shall respond to the Union within ten (10) working days.
Step 3. If the grievance remains is still unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department may, within fourteen ten (1410) calendar working days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting reply of the Local Union Presidentdepartment director is due, Chief ▇▇▇▇▇▇▇, and present the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond grievance in writing to the Union Business Representative within fourteen (14) calendar days of the meetingCounty Human Resources Director.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is duestill unsettled, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within may, within ten (10) calendar working days thereafter after the parties shall attempt reply of the County Human Resources Director is due, by written notice to select an arbitrator the County Human Resources Director, request mediation by mutual agreementthe State Mediation Service.
Step 5. If no settlement is reached through mediation, the parties fail to mutually agree upon the selection of an arbitrator Union may, within the said ten (10) calendar day periodworking days, submit the matter to arbitration in accordance with the procedures set forth in Minnesota Statutes Chapter 179A.
11.2 The fees and approved expenses of the arbitrator shall be borne equally by both parties. The decision of the Arbitration Panel shall be final and binding upon both parties.
11.3 The arbitrator shall render a decision in accordance with the requirements of Minnesota Statutes Chapter 179A. The arbitrator shall have no power to add to, subtract from or modify any terms of this Agreement, nor shall the employee substitute their discretion for that of either party.
11.4 If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim of the proceedings, the cost shall be shared equally. Each party shall be responsible for compensating its own witnesses or experts involved in an arbitration procedure.
11.5 If a grievance is not presented within the time limit set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the employer's last answer. If the employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by the mutual agreement of the employer and the Union in each step. If a grievance is based on a directive which originates higher than the individuals referred to in either Step 1 or Step 2, the grievance may be commenced at the level at which the action which resulted in the filing of the grievance occurred. In no case shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to process begin above Step 3.
11.6 Nothing in this Agreement shall provide a list non-regular (probationary, temporary and seasonal) employee with a right to binding arbitration with regard to disciplinary action.
11.7 If a grievance involves the suspension or discharge of seven (7) names of neutral arbitrators within five (5) calendar days following an employee who has attained regular status, the receipt of Union may elect to commence the list to select an arbitrator in grievance procedure by filing the followingwritten grievance with the County Human Resources Director at Step 3.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances Section 1. A grievance shall be settled defined as a claim of an employee, or the local Union, covered by the Agreement, which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. An ▇▇▇▇▇▇▇ effort shall be made to settle such grievances in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes provisions of this Article.
Section 2. All grievances must be submitted to the Employer in writing, "working days" on a form provided by the Union within thirteen (13) calendar days after the event or events giving rise to the grievance occurred or within thirteen (13) calendar days after those events reasonably should have been known.
Section 3. At any time, a Union representative or an aggrieved employee may elect to resolve a problem by first discussing it with a supervisor. If the problem is defined as not mutually resolved, whether or not a discussion is held, a grievance shall be presented in writing to the days when Employer and it shall be processed in the appropriate following manner:
Step 1 Grievances shall be presented in writing to the employee’s manager or supervisor, with a copy to the Hospital’s Director and/or Manager of Human Resources office is open.
Step 1for discussion with the aggrieved employee and his/her Union ▇▇▇▇▇▇▇. The grievance shall identify the section of the contract allegedly violated and set forth a statement of the facts on which the employee is relying. The manager or supervisor shall schedule a discussion with the aggrieved employee and his/her Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty within seven (307) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to after receiving the grievance. This meeting The manager or supervisor’s written answer shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond made available to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was dueStep 1 discussion.
Step 2 If no mutually acceptable conclusion is reached in Step 1, it must be submitted to the designated Human Resources representative within seven (7) calendar days after receipt of the Step 1 answer. Within seven (7) calendar days after receipt of this step, the designated Human Resources representative shall meet with not more than two (2) Union representatives, one of whom may be an outside Union representative. Representatives of the Employer may include a like number. The appropriate designated Human Resources Department Resource representative shall convene a hearing with give the Union Business Representative, written decision of the Union Grievance Committee consisting of Employer regarding the grievance to the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, President or their designee, the immediate supervisor and an appropriate Human Resources Department representative designee within fourteen (14) calendar days from following such meeting. The Employer/Hospital shall provide the time they receive Step 2 answer electronically to Local 1168 and to the written grievance. This meeting CWA District office.
Step 3 If no mutually acceptable conclusion is reached in Step 2, the grievance may be held with or without resolved by the aggrieved employee presentMini-Arbitration Procedure if mutually agreed to by the Employer and the Union as agreed upon by parties and attached to this Agreement as MOU #2, and pursuant to those guidelines. The head of the Administrative Unit or their designee shall attempt to resolve Should the matter and respond in writing necessitate formal arbitration the party wishing to the Union Business Representative arbitrate must, within fourteen sixty (1460) calendar days after receipt of the meeting.
Step 4. If 2 answer, notify the other party in writing of its intention to arbitrate the grievance remains unresolved after and subsequently notify the response Federal Mediation and Conciliation Service and request that a panel of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety seven (907) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall arbitrators be sent submitted to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liabilityparties. Within ten (10) business days of receipt of the FMCS panel, the party wishing to arbitrate shall arrange for the parties to alternately strike names until one name remains. The remaining name shall be the arbitrator for that grievance. Either party may reject the first panel of arbitrators and request one additional panel. The parties, by mutual agreement, may also bypass the above procedure and mutually agree on an arbitrator. Once the arbitrator has been selected and potential dates received, both parties must submit available dates to the arbitrator as soon as reasonably possible. Both parties will provide all available dates and will make every effort to schedule the arbitration as soon as possible. In all cases, the decisions of the arbitrator will be final and binding on all parties.
Section 4. The arbitrator shall have the authority only to interpret the terms and provisions of the Agreement and shall have no authority to add to, modify or change any of the provisions herein. In the case of discharge or suspension, the arbitrator shall have the authority to uphold the discharge or suspension, to uphold the grievance, or to assess a lesser penalty, including in either case the authority to suspend the employee for any appropriate period or to reinstate the employee, with or without back pay and/or with or without restitution of full seniority and/or benefits.
Section 5. 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 6. Any grievance not answered within the specified time periods may be appealed to the next step of the grievance procedure immediately. Grievances may be entertained at any step by the mutual consent of the parties in writing. The time limits may be changed at any Step by the mutual consent of the parties in writing. Failure by the Union or the grievant to comply with any time limitations including those relating to an arbitration demand, will close the grievance.
Section 7. Any grievance concerning disciplinary action, including discharge or suspension shall be reduced to writing and received by the Human Resources office within seven (7) calendar days thereafter after the parties action has been taken. Grievances concerning disciplinary action shall attempt to select be processed beginning with Step 2 of the grievance procedure.
Section 8. No individual employee may institute an arbitrator arbitration proceeding.
Section 9. Any time limit imposed upon the handling of grievances shall commence on the date of receipt.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator, except by mutual agreement in writing signed by the Employer and the Union.
Section 11. In the event there are outstanding information requests, time limits at any step of the grievance process can be extended by mutual agreement. If Such requests for extension of time limits will not be unreasonably denied.
Section 12. In the parties fail to mutually agree upon event that the selection of an arbitrator within the said ten (10) calendar day periodinternal CWA appeals process for arbitration is being utilized, the Union shall immediately request will promptly notify the Minnesota State Bureau employer in writing and indicate the date of Mediation Services or convention that the American Arbitration Association final step would be considered. In such case, the time limits for requesting a panel of arbitrators will be extended beyond the time frame set forth in section 3 above as follows:
a.) If the appeal is made to provide a list of seven (7the CWA District Vice President: Time limit extended 30 days.
b.) names of neutral arbitrators within five (5If the appeal is made to the CWA President: Time limit extended 30 days.
c.) calendar days following If the receipt appeal is made to the CWA Executive Board: Time limit extended 30 days.
d.) If the appeal is made to the CWA Convention: Time limit extended to the date of the list to select an arbitrator in the followingnext CWA Convention.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances Section 1. A grievance shall be settled defined as a claim of an employee, or the local Union, covered by the Agreement, which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. An ▇▇▇▇▇▇▇ effort shall be made to settle such grievances in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes provisions of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Section 2. All grievances must be submitted to the Employer in writing, on a form provided by the Union within thirteen (13) calendar days after the event or events giving rise to the grievance occurred or within thirteen (13) calendar days after those events reasonably should have been known.
Section 3. At any time, a Union representative or an aggrieved employee may elect to resolve a problem by first discussing it with a supervisor. If the problem is not mutually resolved, whether or not a discussion is held, a grievance shall be presented in writing to the Employer and it shall be processed in the following manner:
Step 11 Grievances shall be presented in writing to the employee’s Nurse Manager or supervisor, with a copy to the Hospital’s Director and/or Manager of Human Resources, for discussion with the aggrieved employee and his/her Union ▇▇▇▇▇▇▇. The grievance shall identify the section of the contract allegedly violated and set forth a statement of the facts on which the employee is relying. The Nurse Manager or supervisor, shall schedule a discussion with the aggrieved employee and his/her Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty within seven (307) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to after receiving the grievance. This meeting The Nurse Manager or supervisor’s written answer shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond made available to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was dueStep 1 discussion.
Step 2 If no mutually acceptable conclusion is reached in Step 1., it must be submitted to the designated Human Resources representative within seven (7) calendar days after receipt of the Step 1 answer. Within seven (7) calendar days after receipt of this step, the designated Human Resources representative shall meet with not more than two (2) Union representatives, one of whom may be an outside Union representative. Representatives of the Employer may include a like number. The appropriate designated Human Resources Department Resource representative shall convene a hearing with give the Union Business Representative, written decision of the Union Grievance Committee consisting of Employer regarding the grievance to the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, President or their designee, the immediate supervisor and an appropriate Human Resources Department representative designee within fourteen (14) calendar days from following such meeting. The employer/hospital shall provide the time they receive Step 2 answer electronically to Local 1168 and the written grievance. This meeting CWA District Office.
Step 3 If no mutually acceptable conclusion is reached in Step 2, the grievance may be held with or without resolved by the aggrieved employee presentMini-Arbitration Procedure if mutually agreed to by the Employer and the Union as agreed upon by the parties and attached to this agreement as MOU #4, and pursuant to those guidelines. The head of the Administrative Unit or their designee shall attempt to resolve Should the matter and respond in writing necessitate formal arbitration the party wishing to the Union Business Representative arbitrate must, within fourteen sixty (1460) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list Step 2 answer, notify the other party in writing of its intention to select an arbitrator in arbitrate the followinggrievance and subsequently notify the Federal Mediation and Conciliation Service and request that a panel of seven
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall a. A grievance may be settled in accordance with filed by any employee on his/her own behalf, or jointly by a group of employees, or by the following procedure. However, upon mutual agreement collective bargaining representative.
b. Within seven calendar days of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) event giving rise to a grievance, the grievancegrievant shall present the grievance informally for disposition by his/her immediate supervisor or at any appropriate level of authority. This meeting Presentation of an informal grievance shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond a prerequisite to the grievant with institution of a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. formal grievance.
c. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If grievant believes that the grievance has not been settledredressed within seven calendar days, it shall he/she may initiate a formal grievance within seven calendar days thereafter. A formal grievance can be submitted initiated only by completing and filing with the Executive Officer a form provided by him/her for this purpose.
d. Step 1
e. Step 2
1. If the grievance is not resolved in Step 1 to the satisfaction of the grievant, the party may, within not more than seven calendar days from his/her receipt of the Chief’s decision, request consideration of the grievance by the Executive Officer by so notifying the Executive Officer in writing. Draft
2. Within fifteen calendar days after such notification, stating the nature of Executive Officer shall investigate the grievance, confer with persons affected and their representatives to the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is basedextent he/she deems necessary, and the relief requested to the appropriate Human Resourcesrender a decision in writing.
Step 3. If the grievance remains unsettled, a copy decision of the original written Executive Officer resolves the grievance to the satisfaction of grievant, it shall bind the Authority.
4. If the decision of the Executive Officer does not resolve the grievance to the satisfaction of grievant, grievant may file a final appeal to Step 3.
f. Step 3
1. A final appeal to Step 3 may be filed, in writing, with the Executive Officer not more than seven calendar days from receipt by grievant of the Executive Officer’s decision.
2. At Step 3, the grievance may be determined by an arbitrator selected by mutual agreement between grievant and Executive Officer, provided they also agree on the issues to be arbitrated. Otherwise, the grievance shall be submitted determined by the Union to Board of Review. In such event, the appropriate Human Resources Department decision of the Board of Review shall be made in writing within fourteen (14) thirty calendar days after the second step answer was given or was duefiling of the appeal.
3. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting decision of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head arbitrator or of the Administrative UnitBoard of Review, or their designeeas the case may be, the immediate supervisor shall be final and an appropriate Human Resources Department representative within fourteen (14) calendar days from the binding on all parties.
g. Any time they receive the written grievance. This meeting limit may be held with or without the extended only by mutual agreement in writing.
h. An aggrieved employee present. The head may be represented by any person of his/her choice at any stage of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days proceedings. A representative of the meetingcollective bargaining agent is entitled to be present at all meetings, conferences and hearings.
Step 4. If i. All expenses of arbitration shall be shared equally by Authority and grievant.
j. Failure on the grievance remains unresolved after part of Authority or grievant to appear before the response arbitrator, without good cause, shall result in forfeiture of the head case and responsibility for payment of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice all costs of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following.
Appears in 1 contract
Sources: Memorandum of Understanding
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with 7.1 For the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this ArticleAgreement, "working days" a grievance is defined as a difference arising between the days when parties relating to the appropriate Human Resources office interpretation,
7.2 It is open.the mutual desire of the parties hereto that grievances of employees shall be adjusted as quickly as possible. Such grievances may be taken up in the following manner and sequence:
Step 1: The grievance shall be reduced to writing and a copy thereof delivered to the Manager or their delegate within ten (10) working days of the occurrence of such grievance. The Union ▇▇▇▇▇▇▇ Failing settlement, the Manager or delegate shall present a written request for a step one deliver their decision in writing within five (5) days following the discussion of the grievance. Failing settlement:
Step 2: Within five (5) days after the decision in Step 1, the grievor may submit their grievance to the appropriate supervisor no later than thirty Director or their delegate. The Director shall, within five (305) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of receiving the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing meeting with the Union Business Representative, the Union Local Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇not more than three (3) members. The grievor may also attend, and the appropriate Union ▇▇▇▇▇▇▇, Director or their delegate may have such assistance at the head meeting as they require. The decision of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may Director shall be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond delivered in writing to the Union Business Representative within fourteen five (145) calendar days of the meeting.. Failing settlement:
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. 3: Within ten (10) calendar days thereafter after the decision in Step 2, the dispute shall be referred to the General Manager and the Union office for further discussion and consideration. The General Manager shall deliver their reply, in writing, within ten (10) days. Failing settlement:
Step 4: Within ten (10) days of the Step 3 decision, the Union may, by written notice to the Company, submit the grievance to final and binding arbitration. The parties shall attempt to shall, within ten (10) working days of the sending of the notice requesting arbitration, select an arbitrator by mutual agreementa mutually acceptable arbitrator. If the parties fail are unable to mutually agree upon on the selection of an arbitrator within the said these ten (10) calendar day periodworking days, the Union Federal Minister of Labour shall immediately request be requested by either party to appoint the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt arbitrator. The cost and/or expenses of the list arbitrator shall be borne equally by the Company and the Union, except that no party shall be obligated to select an arbitrator pay the cost of stenographic transcript without express consent.
7.3 The Arbitrator shall not have the power to change, modify, extend or amend the provisions of this Agreement, but they shall have the power to direct, if they think proper, that any employee who has been wrongfully suspended, discharged, or otherwise disciplined shall be reinstated with pay and with any other benefit under this Agreement which may have been lost or they may dispose of the case in any manner the followingArbitrator deems appropriate.
7.4 If either of the parties of this Agreement consider that this Agreement is being misinterpreted, or violated in any respect by the other party, the matter may be discussed between representatives of the Company and the Union, and if not satisfactorily settled, either party may refer the matter to arbitration as provided in Step 4 of Section 7.2.
7.5 Time Limits - Any time limit mentioned under grievance procedure shall exclude Statutory Holidays and vacations of the employee concerned at the Step 1 level and may be extended by mutual consent.
7.6 Employees shall suffer no loss of pay or other benefits while attending grievance meetings with the Company.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with A. A grievance is an unsettled complaint by a teacher, group of teachers, or the following procedure. HoweverUnion alleging that there has been a violation, upon mutual agreement misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the partiesBoard relating to wages, any step in the procedure may be waived. For purposes hours or terms and conditions of this Article, "working days" is defined as the days when the appropriate Human Resources office is openemployment.
Step 1. The Union ▇▇▇▇▇▇▇ grievance procedure shall present not apply to any matter which is prescribed by law or state regulations over which the Board is without power to act. Any dispute involving a written request for 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 shall be made the subject of a step one grievance grievance.
3. If an employee elects to process a discharge through the Tenure Commission, such employee shall be stopped from access to the appropriate supervisor no later than thirty (30) calendar days from grievance procedure for such discharge.
4. A grievance must be filed within nine months following the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) incident giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of .
B. If the request. The supervisor, employee(s) Building Liaison Board and Union ▇▇▇▇▇▇▇ shall attempt the District-Wide Liaison Board are unable to resolve the matterissue within twenty (20) school days or 4 calendar weeks, whichever is earlier, a formal grievance may be filed within five (5) school days 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. The supervisor A copy of the grievance form shall respond be delivered to the grievant 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 copy to representative designated by the ▇▇▇▇▇▇▇ within fourteen Superintendent.
D. Within three (143) school days or three (3) calendar days following the meeting. If the grievance remains unresolvedweeks, the Union may submit it to Step Two.
Step 2. If the grievance has not been settledwhichever is earlier, it shall be submitted in writing, stating the nature after receipt of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance principal or supervisor shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing meet with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and in an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt effort to resolve the matter and respond 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 Business Representative within fourteen Union.
E. Within twenty (1420) school days or four (4) calendar days weeks, whichever is earlier, after the delivery of the meetingdecision, the grievance may be appealed to the Superintendent.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. F. Within ten (10) school days or three (3) calendar days thereafter weeks, whichever is earlier, after delivery of the parties decision, the Superintendent or his designee shall attempt meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the grievance in writing, along with the reasons therefore, and shall furnish a copy thereof to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said Union.
G. Within ten (10) calendar day periodschool days after delivery of the decision of the Superintendent or his designee, the grievance may be appealed 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. At such hearing, the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing including witnesses shall immediately request be given at least three (3) days notice of the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of hearing.
I. Within seven (7) names of neutral arbitrators within five 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 (5if any) calendar and to the aggrieved.
J. Within ten (10) days following the after receipt of the list decision of the Board, the Union may appeal the decision to select an arbitrator in mediation.
K. Within ten (10) days after receipt of the followingdecision of the Board after mediation, the Union may appeal the decision to binding arbitration under the auspices and rules of the American Arbitration Association.
Appears in 1 contract
Sources: Master Agreement
GRIEVANCE PROCEDURE. All formal grievances shall be settled initiated by the Faculty Association in accordance writing and shall be dealt with without stoppage of work by the following procedure. However, upon mutual agreement steps: Within twenty (20) working days of the partiestime that an employee or the Faculty Association should reasonably be aware of the incident that is the subject of the grievance, any step in the procedure Faculty Association may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union request a meeting between a Shop ▇▇▇▇▇▇▇ and the appropriate or designate. The Parties shall present a meet within ten (10) working days of the written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise attempt to resolve the grievance. This The Employer shall respond in writing within five (5 )working days. Failing settlement at Step within five (5) working days, the Association may request a meeting shall be held within fourteen (14) calendar days of receipt of between the request. The supervisor, employee(s) and Union Chief ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is basedor designate, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettledPresident, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was duedesignate. The appropriate Human Resources Department Parties shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators meet within five (5) calendar working days of the written request to resolve the grievance. If agreement is reached in writing, the grievance shall be considered resolved. Failing agreement at Step either Party within forty-five (45) working days of the completion of Step may request the Labour Relations Board to appoint a Settlement Officer to confer with the Parties to assist them to settle the difference, or advise the other Party that they wish to proceed directly to Step Arbitration. The request to the Labour Relations Board must be accompanied by a statement of the difference to be settled. If a Settlement Officer is appointed, the Officer shall, within five (5 )working days of the appointment: inquire into the difference, endeavour to assist the Parties in settling the difference, and report to the Director of the Labour Relations Board on the results of the inquiry and the success of the settlement effort. If the Employer and the Faculty Association accept the recommendations of the Settlement Officer, then the grievance shall be considered resolved. When the Director receives a report under the Code, and the Parties have not settled the difference, the Director shall refer the difference back to the Parties. Failing settlement at Step or either of the Parties may, without stoppage of work, notify the other Party in writing of its intent to submit the difference to arbitration as outlined below: Abandonment of Grievance Grievances shall be considered abandoned if the grieving Party fails to give written notice within the specified time limits of its intention to proceed to the next step of the Grievance Procedure. The succeeding step shall commence the day following the receipt of such notice. Waiving of Time Limits The time limits set out in this Article may be extended by mutual agreement of the list to select an arbitrator in the followingParties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All The Company and the Union agree to meet promptly to discuss and negotiate any complaints or grievances that may arise, and make every effort to settle any matter at issue as quickly as possible. The following procedure will be followed progressively for the resolution of grievances and disputes. Nothing contained herein shall be settled in accordance prohibit an employee from presenting any personal matter directly to the Management. Grievances related to suspensions and/or terminations shall commence with the following procedure. However, upon mutual agreement Step 3 of the parties, any step in the grievance procedure may and will be waived. For purposes of this Article, "reduced to writing and submitted to Human Resources within three (3) working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one 1 No grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within considered if the circumstances occur or originate more than fourteen (14) calendar working days of receipt of prior to filing the requestgrievance at step one. The supervisor, employee(s) A meeting will be held between the aggrieved employee and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief and/or chief ▇▇▇▇▇▇▇, ▇ and the appropriate Union ▇▇▇▇▇▇▇first line supervisor or department head in his absence. A response from the supervisor or department head will be provided within seven (7) working days of the Step 1 meeting.
Step 2 Failing settlement at Step 1, the head grievance will be reduced to writing and submitted to the
Step 3 Failing settlement at Step 2, the Union may, within seven (7) working days of the Administrative Unitreceipt of the Step 2 response, or their designee, request a meeting of the immediate supervisor Union Grievance Committee with the Union President and an appropriate Human Resources Department representative management representatives including the Director of Manufacturing. This meeting will take place within fourteen (14) calendar working days of receipt of the request for the meeting. A written decision from the Company will be provided within seven (7) working days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days date of the meeting.
Step 4. If 4 Failing settlement at Step 3, the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, may be referred to a qualified mediator mutually agreed upon. The Company and the Union shall have ninety (90) calendar days equally share the costs incurred by this process. Mediation shall be without prejudice to request arbitration by way either party’s position should the matter proceed to Arbitration. The referral to mediation shall not affect any timelines set out herein. Notice of a letter of intent desire to arbitrate/notice of arbitration. This letter of intent shall mediate the grievance must be sent provided by one party to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator other within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar working days following the receipt of the list Step 3 reply, failing which the matter shall be deemed settled, or referred to select an arbitrator arbitration within a further seven (7) working days, in accordance with the followingprovisions in Article 13.
Appears in 1 contract
Sources: Collective Labour Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with 20.01 If a difference arises between:
(a) the following procedure. HoweverEmployer and an employee(s), upon mutual agreement or
(b) the Employer and the Union concerning the interpretation, application, operation or any alleged violation of the partiesAgreement, the employee(s), the Union or the Employer shall have the right to file a grievance. Nothing in this provision deprives employees of any step rights or remedies to which they are entitled in any legislation. Grievances involving the interpretation, application, operation or any alleged violation of the Agreement must have the approval and support of the Union. This grievance procedure is not intended to preclude any consultation process between employees, their Union representative and the management representative which will normally occur in the procedure may process of resolving problems. Where this level of consultation occurs, the time limits in Stage 1 will be waived. For purposes of this Article, "working days" is defined as the days when extended by the appropriate Human Resources office is opennumber of days.
Step 20.02 The following procedure will be used for the resolution of differences referred to in clause 20.01. Stage 1. The Union ▇▇▇▇▇▇▇ shall present : Prior to submitting a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employeegrievance, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held and within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond matter giving rise to the grievant with a copy to the ▇▇▇▇▇▇▇ difference, or within fourteen (14) calendar days following of the meetingemployee becoming aware of the matter giving rise to the difference, but in no event more than ninety (90) calendar days after the matter giving rise to the difference the employee will first try to resolve the difference by speaking with a management representative. However, if the employee has followed the consultative process outlined in 20.0l(b) and has not reached a resolution the employee may submit a Stage 1 written grievance. The management representative will respond in writing to the grievance within fourteen (14) calendar days of meeting with the employee. Where an employee commences a leave period during the fourteen (14) calendar day period, calculation of the time in which the employee has to file the grievance will be suspended. Upon return to work the employee shall have the balance of the fourteen (14) calendar day period as calculated above in which to file the grievance. The management representative will document grievances resolved at Stage 1, specifying the contract clause involved and the agreed upon remedy. A copy will be distributed to the Union representative. Stage 2: If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has is not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested settled to the appropriate Human Resources
Step 3. If the grievance remains unsettledemployee's satisfaction at Stage 1, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department then, within fourteen (14) calendar days after the second step answer was given or was dueexpiry of time limits set out in Stage 1, the employee may submit a written grievance including the redress requested to the Manager. The appropriate Human Resources Department shall convene a hearing with In the Union Business Representativeevent that there is no Manager, the Union Grievance Committee consisting of may submit the Local Union President, Chief ▇▇▇▇▇▇▇, and written grievance to the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievanceRepresentative or designate. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within Within fourteen (14) calendar days of the meetingreceipt of the grievance, the Employer shall give written response delivered confidentially only to the employee and the Union representative.
Step 420.03 If the grievance is not satisfactorily settled under Stage 2, then the grievance may be referred to arbitration, within thirty (30) calendar days of the expiry of the time limits set out in Stage 2.
20.04 If the time limits set out in clauses 20.02 and 20.03 are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits. If the Employer fails to meet a time limit, the Union, at its option, may either advance the grievance remains unresolved after to the next stage or await the Employer's response of in which case no time limit shall run against the head of Union until it has received the Administrative UnitEmployer's response.
20.05 A grievance initiated by the Employer or the Union, or their designeea grievance involving the termination of employment, is given posting, safety or is duehealth or harassment, shall be processed at Stage 2. Grievances involving the Union shall have ninety be responded to within fourteen (9014) calendar days days. By mutual agreement of the Union and the Employer, other grievances may be processed at Stage 2.
20.06 Employees shall have the right to request arbitration by way be represented at any stage of a letter of intent to arbitrate/notice of arbitrationthe grievance process. This letter of intent The employee(s) and the Union representative shall be sent given leave with pay to the office of Human Resourcesattend such meetings. The Union shall be given full opportunity to present evidence and make a good faith effort to reduce representations throughout the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followinggrievance procedure.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled Definition: Any unit member in accordance this unit who feels that their wages, hours or working conditions do not conform with the standard as negotiated and set forth in this contract, shall have the following proceduregrievance procedure available. However, upon mutual agreement Such matters must be taken up at Step I of the parties, any step in following procedures within 20 working days after the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had unit member knew or should have had, knowledge known of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon act or condition on which the grievance is based. In processing grievances through all steps of this procedure, unit members may be accompanied by a representative of the association.
▇. Oral discussion of complaint with supervisor.
B. Oral reply by supervisor within ten (10) days.
C. If unresolved by oral response of supervisors, proceed to Step II within ten (10) days of oral reply.
A. Complaint is written up as a grievance and the relief requested presented to supervisors. Association grievance committee could file a written complaint and present to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy supervisor on behalf of the original written grievance shall be submitted by the Union unit members.
B. Supervisor to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen ten (1410) calendar days of the meetingdays.
C. If unresolved by supervisor's reply, proceed to Step 4III within ten (10) days. If the Step III
A. Association grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. committee files written appeal with authorized district representative.
B. Within ten (10) calendar days, the district authorized representative convenes meeting with association grievance committee to discuss grievance. District provides written response within ten (10) days.
▇. ▇▇ unresolved by district representative's written reply, association may, within ten (10) days, appeal grievance to Superintendent for hearing. Step IV
A. Within ten (10) days thereafter of appeal, a hearing is held.
B. Superintendent renders decision within ten (10) days of completion of hearing. Step V Arbitration will apply to contractual grievances for all unit members. In discipline matters, arbitration only applies to those unit members with three or more years of service.
A. If the parties shall attempt unit member and/or association are not satisfied with the decision at Stage IV, it may submit the grievance to select an arbitration by written notice to the Superintendent of Schools within fifteen (15) work days of the decision at Stage IV.
B. Within fifteen (15) work days or less after such written notice of submission to arbitration, the Superintendent and the association will agree upon a mutually acceptable arbitrator by mutual agreementcompetent in the area of the grievance, and will obtain a commitment from said arbitrator to serve. If the parties fail are unable to mutually agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association by either party. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
C. The selected arbitrator within will hear the said ten (10) calendar day period, matter and render a decision.
D. The arbitrator shall have no power to make any decision which requires the Union shall immediately request the Minnesota State Bureau commission of Mediation Services an act prohibited by law or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt which is violative of the list to select an terms of this agreement.
E. The decision of the arbitrator in shall be final and binding upon all parties.
F. The costs for the followingservices of the arbitrator, including expenses, if any, will be borne equally by the Board of Education and the association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled processed in accordance with the following procedure. HoweverThe Union may elect to skip Step One and file grievances at Step Two. Grievances over dismissal will begin at Step Two. Step One – Supervisor, upon mutual agreement of Manager or Designee If the partiesissue is not resolved informally, any step in the procedure Union may be waived. For purposes of this Articlefile a written grievance to the supervisor or designee, "working days" is defined as and the days when the appropriate Human Resources Labor Relations office is open(▇▇▇▇▇▇▇▇@▇▇.
Step 1▇▇▇). The Union Employer will designate a supervisor, manager or designee who will meet in person, virtually, or confer by telephone with a union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to and/or staff representative and the appropriate supervisor no later than thirty (30) calendar days from the grievant(s). The date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall will be held mutually agreed upon within fourteen fifteen (1415) calendar days of receipt of the requestgrievance and when possible, the meeting will take place within the aforementioned fifteen (15) calendar days. The format for the meeting will be by mutual agreement. The employer will respond in writing to the Union within fifteen (15) calendar days after the meeting. The Human Resources Consultant may also attend, if desired by the University. If the grievance is directed against the employee’s immediate supervisor, employee(sthe grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. Resolutions at the First Step, although final, shall not be precedential. Step Two – If a satisfactory resolution is not reached in Step One, said grievance may be moved to the Step Two by filing the written grievance, including a copy of the Step One decision to department head, designee, or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. In the case where Step One is bypassed, the grievance must be filed to Step Two within twenty-one (21) calendar days from the occurrence of the events giving rise to the grievance or from the time at which the aggrieved individual should reasonably have become aware of the grievance. The date of the meeting will be mutually agreed upon within fifteen (15) calendar days after notice of the filing at Step Two and Union when possible the meeting will take place within the aforementioned fifteen (15) calendar days. The grievant may be represented by a ▇▇▇▇▇▇▇ shall attempt to resolve the matterand a Union staff representative. The supervisor shall respond to University will be represented by the grievant with appropriate management official(s) or designee(s), a copy to representative from the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature Office of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is basedLabor Relations, and the relief requested to the appropriate a Human Resources
Step 3. If the grievance remains unsettledResources Consultant, a copy of the original written grievance shall be submitted if desired by the Union to the appropriate Human Resources Department University. The University will respond in writing within fourteen twenty-one (1421) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances If an employee has a grievance, his/her grievance shall be settled in accordance as follows: STEP ONE: The employee, with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall present a written request for a step one first discuss the grievance to the appropriate with his/her immediate supervisor no later than thirty or department head within seven (307) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to occurrence of the grievance. This meeting If the grievance is not settled at this step, then: STEP TWO: The grievance shall be held within fourteen reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member, who shall discuss the grievance. Within seven (147) calendar days of receipt of the requestwritten grievance, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, then: STEP THREE: The Union Committee and the Committee on Labour Relations, or its delegate, shall meet within twenty-one (21) days or other mutually agreed to time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ findings or decisions of the Committee on Labour Relations shall attempt to resolve the matter. The supervisor shall respond be presented to the grievant with a copy to the ▇▇▇▇▇▇▇ Union in writing within fourteen seven (147) calendar days following of the meeting. If the grievance remains unresolvedis not settled at this step, the Union either party may submit it to Step Two.
Step 2. If refer the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(sto arbitration under Article 9 within thirty (30) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetingdays.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All A grievance shall be defined as an employee’s expressed feeling of dissatisfaction, presented in writing, concerning aspects of his employment or working conditions arising out of the terms and conditions of this agreement which have not been resolved to the employee’s satisfaction through informal discussion by the aggrieved employee(s) with the member or party causing the grievance to be filed. Any informal resolution of a grievance shall be approved by the Fire Chief. Such grievances may relate to the interpretations, or applications, or compliance with any of the provisions of this agreement. A grievance that remains unresolved through informal discussions shall be advanced to the employer, in writing, by the union representative and shall be settled in accordance with the following procedure. Howevermanner:
Section a. A grievance must be submitted by the employee to their immediate supervising officer or the Deputy Chief, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt the date of the requestoccurrence, except in cases of disability due to sickness, accident or vacation. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ A copy shall attempt to resolve the matter. The supervisor shall respond be forwarded to the grievant with a copy to Chief by the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If officer receiving the grievance remains unresolved, with the Union may submit it to Step Twoofficer’s disposition.
Step 2. If Section b. Should the grievance has not been settledremain unsettled, it shall be submitted in writing, stating presented to the nature Chief of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting decision of the Local Union President, Chief ▇▇▇▇▇▇▇, member or party causing the grievance and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from after such submission the Chief shall make his decision, in writing, unless mutually agreed upon by the participants that additional time they receive is needed.
Section c. Should the written grievance. This meeting may employee be held dissatisfied with or without the aggrieved employee present. The head decision of the Administrative Unit or their designee Chief of the Department, within seven (7) days after receipt of such decision, the employee shall attempt to resolve the matter and respond in writing to so inform the Union Business Representative within fourteen (14) calendar days of representative who in turn, in writing, shall notify the meetingMayor or his/her designee.
Step 4. Section d. If the grievance remains unresolved after the response of the head of the Administrative Unitdecision is unsatisfactory to either party, or their designee, if no decision is given or is due, made by the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to Mayor within the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar day period as above prescribed, then either party, after giving written notice to the other within fifteen (15) working days thereafter thereafter, may request that the issues be submitted for arbitration. The arbitration will be conducted in accordance with the general rules of the American Arbitration Association. The parties shall attempt to select an arbitrator by mutual agreementequally share in the cost of the grievance procedure. If the parties fail to mutually agree upon the selection The decision of an arbitrator within shall be final and binding on the said ten (10) calendar day period, parties.
Section e. Any time limit for notices and appeals established by this Article may be extended by mutual consent of the parties given in writing.
Section f. It shall be the responsibility of an employee not to present or discuss a grievance with the City until the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association has been notified and provided an opportunity to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingbe present.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances When the dispute cannot be settled by the informal dispute resolution procedure it shall be settled deemed to be a grievance. A grievance is a dispute regarding the interpretation, application, operation, or alleged violation of this Agreement, or the dismissal or discipline of an employee covered by this Agreement. Should a grievance arise between the Employer and an employee covered by this Agreement the grievance will be resolved in accordance with the following procedure. Howevermanner:
(a) Step 1 - The employee and/or the Union representative shall present the grievance in writing, upon mutual agreement electronically, in person, or by fax to the employee’s Nurse Manager with a copy to the Labour Relations Officer within twenty- five (25) days after the date of the parties, any Supervisor’s response at the informal step as set out in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is openArticle 7.
Step 101. At the request of either party, the Nurse Manager shall arrange a meeting or teleconference to discuss the grievance. The Union employee shall have the right to have a ▇▇▇▇▇▇▇ or Union representative present at such a discussion. The Nurse Manager shall present give a written request for a step one grievance decision in writing to the appropriate supervisor no later than thirty employee and the Union within ten (3010) calendar days from after the date grievance has been filed.
(b) Step 2 - If the employeedispute is not settled at Step 1, through the use grievor and/or the Union representative shall submit the grievance in writing or electronically to the Senior Manager or designate within ten (10) days of reasonable diligence had or should have had, knowledge receipt by the Union of the event(s) giving rise Step 1 answer. At the request of either party, the Senior Manager or designate shall arrange a meeting or teleconference with the Union to discuss the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union shall have the right to have a ▇▇▇▇▇▇▇ shall attempt to resolve the matteror Union representative present at such a meeting. The supervisor Senior Manager or designate shall respond to the grievant with give a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond decision in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ Guild shall present designate a written request for a step one grievance committee of its own choosing to take up with the appropriate supervisor no later than thirty (30) calendar days from Employer or authorized representative any disputes regarding the date the employeeinterpretation of this agreement, through the use discharges, discipline, wages and/or other terms and conditions of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Twoemployment.
Step 2. If the Before filing a formal grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen fifteen (1415) calendar days after the second step answer was given employee or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business RepresentativeGuild knew, or by reasonable diligence should have known, the Union Grievance Committee consisting of facts giving rise to the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇dispute, the head of Guild shall bring the Administrative Unit, matter to management’s attention and agrees to attempt to resolve any issue or their designee, dispute through discussions with managers or the immediate supervisor and an appropriate Human Resources Department representative within fourteen Employer’s designated representative.
3. Within five (145) calendar days from after completing such discussions without resolution, the Guild may choose to file a written grievance as provided below. Written grievances submitted after the five (5) calendar-day time they receive limit are untimely and will not be addressed. The written grievance shall explain the dispute, include a specific statement of the remedy sought, and request a meeting regarding the dispute.
4. A grievance meeting shall be held as promptly as possible after the Publisher receives the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond grievance but, in writing to the Union Business Representative any case, within fourteen fifteen (1415) calendar days thereafter. A grievance committee of not more than three (3) bargaining unit employees designated by the Guild shall meet with the designated representative of the meetingEmployer and shall discuss the grievance. The Guild may substitute TNG-CWA local or national representatives for up to one (1) grievance committee members.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement5. If the parties fail to mutually agree upon resolve the selection of an arbitrator within the said ten (10) calendar day perioddispute, the Union resolution shall immediately request be promptly reduced to writing and signed by at least one representative for each party. If the Minnesota State Bureau of Mediation Services or parties are not able to resolve the American Arbitration Association dispute, the Employer’s designated representative shall respond to provide a list of seven (7) names of neutral arbitrators the grievance in writing within five (5) calendar days following of the meeting, or either party may motion to refer the dispute to the resolution step.
6. If the resolution step is not requested the Guild has fifteen (15) calendar days from the Guild’s receipt of the Company’s written response to the grievance committee meeting to submit the dispute to Arbitration. If the resolution step is requested a meeting shall take place no later than ten (10) calendar days from the Guild’s receipt of the Company’s written response to the grievance committee meeting. For the resolution step, each party shall appoint two representatives to participate in the resolution discussions. The purpose of the resolution step is to seek agreement on a compromise. Upon mutual agreement of the parties to assist in the resolution step, a request for mediation may be made to the Federal Mediation and Conciliation Service (FMCS).
7. In the event the procedure in Sections 1 to 6 above does not result in a resolution of the grievance and/or the Publisher fails to respond within the five (5) calendar day time period in Section 5, the Publisher or the Guild may submit the matter to arbitration. To be timely, a demand for arbitration must be served within fifteen (15) calendar days after the Publisher’s written response to the grievance or the expiration of the five (5) calendar-day time period for such response, whichever is later.
8. At any time prior to or after a grievance is submitted to arbitration, by mutual agreement, the Publisher and the Union may hold settlement discussions in an attempt to resolve the grievance prior to arbitration hearing.
9. Individual grievances may include an issue affecting multiple employees, but separate grievances may not be consolidated for arbitration unless the Parties agree to do so in writing.
10. In the event that the dispute is not submitted to arbitration or is not timely submitted to arbitration, the matter shall be deemed closed, withdrawn, and waived.
11. If the parties cannot agree on a satisfactory arbitrator, then an impartial arbitrator shall be selected from an arbitration panel obtained from the Federal Mediation and Conciliation Service (FMCS). The party demanding arbitration shall request a panel of seven arbitrators, including the special requirement that the arbitrators on the panel be members of the National Academy of Arbitrators. If the parties cannot agree on one of the seven arbitrators listed on the panel, the Parties shall alternately strike names from the list to select until one arbitrator remains and is therefore selected.
12. After an arbitrator is selected, the arbitration hearing shall be held promptly. Each party shall bear its own expenses of preparing and presenting its own case at the hearing. The costs of such arbitration shall be borne equally by the Publisher and the Guild, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent. Either party may request that a certified court reporter record the proceedings and that such transcript shall be the official record. The party requesting the certified court reporter shall pay the court reporter’s fees and pay for copies of the transcript for itself and the arbitrator; the other party shall pay the cost of a copy of the transcript for itself, if requested.
13. The arbitrator shall limit his/her decision to the application and interpretation of the provision(s) of this Agreement and shall have no power to add to, subtract from, or modify the provisions of this Agreement in arriving at a decision on the followinggrievance presented for resolution.
14. The award of the arbitrator shall be in writing, and shall be final, conclusive, and binding on the Publisher, the Guild, the grievant(s), and the employees(s) involved.
15. The time limits contained in this Article are considered to be of the essence, but the Parties may mutually agree in writing to extend such time limitations.
16. Any time spent by bargaining unit employees addressing issues related to this Article during scheduled work time will be unpaid by the Company. Unpaid bargaining unit employees may, with news department management approval, make up the unpaid time.
17. All of the procedures, processes and time limits reflected in this Article shall apply equally to the Employer should the Employer decide to pursue an alleged contract violation by the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All (1) The Employer and the Union recognize that grievances may arise concerning:
(a) differences between the Parties respecting the interpretation, application, operation, or any alleged violation of a provision of this Agreement, including a question as to whether or not a matter is subject to arbitration; or
(b) the dismissal, discipline, or suspension of an employee bound by this Agreement.
(2) The procedure for resolving a grievance shall be settled the grievance procedure in accordance with this Article.
(3) Where the following Union or the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. However, upon mutual .
(4) The time limits set out below may be altered by agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1: Within seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the alleged violation giving rise to the grievance, the employee shall, with or without a Union representative (at the employee’s choice), discuss the mater with the immediate supervisor who is excluded from the bargaining unit. Within seven (7) calendar days from the discussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative.
Step 2: If the matter is not resolved in the informal process in Step 1, the employee with the assistance of the Shop ▇▇▇▇▇▇▇ or Union Committee Member, may submit a written grievance not later than seven (7) calendar days after Step 1 is completed to the Health Director of his/her designate setting out the nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The grievance shall be transmitted to the Health Director or designate by the Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use or Union Committee Member. Receipt of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall Grievance by designated management representative must be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted confirmed by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief union ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen . Within seven (147) calendar days from after the time they receive receipt of the written grievance, the Health Director or his designate shall give a written response to the employee and the Union representative and, if the grievance is denied, the response will include an explanation for the denial.
Step 3: A Union/Management Committee comprised of two (2) Union Representatives and the Secretary- Business Manager or his/her designate and two (2) Board Representatives and the Health Director or his/her designate, or one (1) Board Representative and the Health Director and designate shall meet within twenty-one (21) days or other mutually agreed time to discuss the grievance. This meeting may be held with or without At this step of the aggrieved employee presentgrievance procedure each party shall provide to the other all relevant documents. The head decision of the Administrative Unit or their designee Employer shall attempt to resolve the matter and respond in writing be presented to the Union Business Representative in writing within fourteen seven (147) calendar days of the meeting.
Step 4. If the grievance remains unresolved after is not settled at this step either party may refer the response of grievance to arbitration under Article 9. Both parties agree that their representatives at the head of Step 3 meeting have the Administrative Unit, or their designee, is given or is due, authority to resolve the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followinggrievance.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 13.01 Any complaint, disagreement or difference of opinion between the Co-operative and the Union, or the employees covered by this Agreement, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, may be presented as a grievance.
13.02 Where the Union requires information regarding a grievance dealing with hours of work and/or seniority, the Co-operative shall promptly supply such information in writing to the Union within ten (10) working days from the date of the request. The Union shall not use this provision to request information that does not pertain to a specific grievance of an employee.
13.03 Any employee, the Union or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, shall be forfeited and waived by the aggrieved party. It is agreed that no more than five (5) working days shall be counted during each calendar week.
13.04 All grievances must be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved party.
13.05 The procedure for adjustment of grievances shall be settled in accordance with as follows:
STEP 1: By a discussion between the following procedure. However, upon mutual agreement of aggrieved employee and the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union Shop ▇▇▇▇▇▇▇ and/or Union Representative with the employee's immediate supervisor or their designated appointee. The immediate supervisor or their designated appointee shall present a written request for a step one grievance reply to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettledUnion, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter days. A full-time Union Representative shall reply in writing to any grievance initiated by the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator Co-operative, within the said ten (10) calendar day perioddays. If a satisfactory settlement has not been reached, the Union shall immediately request the Minnesota State Bureau of Mediation Services Representative and/or aggrieved employee, or the American Arbitration Association Co-operative, as the case may be, may proceed to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingStep 2.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances 1. A grievance shall be settled defined as a dispute or complaint arising between the parties hereto under or out of this Agreement or the interpretation, appli- cation, performance, termination, or any alleged breach thereof, and shall be processed and disposed of in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.manner;
Step 1. Within a reasonable time (except as provided in Article XXIX), an Employee having a grievance and/or his/her Union dele- gate or other representative shall take it up with his/her immediate su- pervisor. The Employer shall give its answer to the Employee and/or his/her Union delegate or other representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and his/her Union representative, and presented to the grievant’s department head or his/her designee. A grievance so presented in Step 2 shall be answered by the Employer in writing within five (5) working days after its presentation.
Step 3. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance at this step will be presented in writing to the Personnel Director or Administrator of the Employer, or his/her des- ignee. A grievance meeting will be scheduled for a mutually agreeable date and time during normal business hours promptly following the receipt by either party of a written request by the other for such griev- ance meeting as follows:
(a) for disciplinary grievances involving discharges or suspen- sions within fifteen (15) working days; (b) for other grievances twen- ty-five (25) working days. If the parties cannot agree on a date and time for a grievance meeting within this period, then each side will offer in writing three ciplinary action (e.g. termination or suspension, etc.) is involved. In the event that the number of grievance meetings requested is beyond the ability of the Employer to schedule within the prescribed time limits, the Union and the Employer shall attempt to resolve the problem by mutual agreement. Should they fail to reach agreement within five (5) working days, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ shall present resolve the issue of determining if there is a written request for a step one grievance bona fide overload and the procedure that should apply in such case. The above time limits and sanctions shall apply to grievances pre- sented at Step 3 on or after April 16, 1993. Failure on the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge part of the event(s) giving rise Employer to the grievance. This meeting answer a grievance at any step shall not be held within fourteen deemed acquiescence thereto (14) calendar days of receipt of the request. The supervisorexcept as provided above with respect to third step grievances), employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it pro- ceed to the next step. All third step decisions will be mailed to the Organizer and Area Director in care of the Union Headquarters (498 Seventh Avenue, New York, NY 10018) and a copy given to the delegate who handled the case. Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step Two3 in the first instance, within the time limit specified in this Ar- ticle XXXI, paragraph 1. Without waiving its statutory rights, a grievance on behalf of the Employer may be presented initially at Step 3 by notice in writing ad- dressed to the Union at its offices.
Step 2. If All time limits herein specified shall be deemed to be exclusive of Satur- days, Sundays and holidays.
3. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not there- after be considered subject to the grievance has not been settledand arbitration provisions of this Agreement.
4. A grievance which affects a substantial number or class of Employees, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon and which the grievance is basedEmployer representative designated in Steps 1 and 2 lacks au- thority to settle, and the relief requested to the appropriate Human Resources
may initially be presented at Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted 3 by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meetingrepresenta- tive.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the following
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances A grievance shall be settled defined as any difference arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement.
(A) In order to provide an orderly procedure for the settling of grievances, the Employer acknowledges the right of the Union to appoint, or otherwise select a Grievance Committee of five (5) members, who shall process any grievance in their department in accordance with the following procedureGrievance Procedure.
(B) The Employer shall recognize the Shop Stewards selected by the Union. However, upon mutual agreement Shop Stewards shall investigate and attempt to settle disputes before reaching the Grievance Committee.
(C) The Union shall notify the Employer in writing of the parties, any step in the procedure may be waived. For purposes name of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union each Grievance Committee member and Shop ▇▇▇▇▇▇▇ before the Employer shall present a written request for a step one grievance be required to recognize him.
(D) In order that the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge work of the event(sEmployer shall not be unreasonably interrupted, Shop Stewards are required to advise their Supervisor of their time of departure and return to their regular duties when acting as Shop Stewards.
(E) giving rise to Should a dispute arise between the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, Employer and any employee(s) and or the Union an ▇▇▇▇▇▇▇ effort shall attempt be made to resolve settle the matter. The dispute fairly and promptly in the following manner:
Step 1: Within fifteen (15) working days from the date the employee became aware of the alleged violation of the Collective Agreement, the employee shall discuss the matter with his/her immediate supervisor shall respond to the grievant with a copy view to resolving the issue. Failing settlement at this stage, all grievances and replies shall be put in writing in all further stages of the grievance procedure.
Step 2: If the Shop ▇▇▇▇▇▇▇ and/or the grievance committee consider the grievance to be justified, a written grievance form will be submitted and the grievor along with the ▇▇▇▇▇▇▇ will seek to settle the dispute with the employee's work site excluded supervisor/Department Head, with a copy to the Director of Human Resources within fourteen ten (1410) calendar days following the meeting. working days.
Step 3: If the grievance remains unresolvedis not resolved within ten (10) working days of the meeting referred to in Step 2, the grievance may be presented in written form to the Associate Superintendent - Human Resources. The Associate Superintendent - Human Resources will meet with the grievor along with his Union representative in an attempt to resolve the dispute.
Step 4: If the grievance is not resolved within ten (10) working days of the meeting referred to in Step 3, the Union may submit it within ten (10) working days of receipt of the written decision under Step 3, refer the matter to the Step Two4 Hearing Committee composed of two (2) appointees from the Union and two appointees from the Employer. Union appointees will be at no cost to the Employer.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
5: Failing agreement being reached at Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative4, the Union Grievance Committee consisting of may refer the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (dispute to Arbitration as per Article 14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within receive replies at each step within ten (10) calendar working days thereafter and will proceed to the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator succeeding step within the said ten (10) calendar day period, working days if applicable unless mutually agreed to otherwise.
(F) The grievant shall have the Union shall immediately request right to be present at any step of the Minnesota State Bureau aforementioned procedure.
(G) Where a dispute involves a question of Mediation Services general application of interpretation or the American Arbitration Association to provide where a list of seven (7) names of neutral arbitrators within dispute involves five (5) calendar days following or more employees, or dismissal of an employee, Steps 1 and 2 may be bypassed.
(H) Replies to written grievances shall be in writing at all stages.
(I) Grievances settled satisfactorily within the receipt time allowed shall date from the time that the grievance was filed.
(J) The Employer shall supply the necessary facilities for the grievance meetings.
(K) Employees together with their Shop Stewards shall have access to all information in their personnel file.
(L) If the grievant, Union or Management fails to process a grievance to the next step in the grievance procedure within the time limits specified they shall request an extension of the list to select an arbitrator time limits in writing. Such requests shall not be unreasonably denied by the followingother party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances The following steps and procedures shall be settled utilized in accordance the resolution of grievances:
A. Step One.
1. If the grievance is not resolved to the satisfaction of the grievant using the informal procedure outlined above, the grievance shall be reduced to writing and filed with the following procedure. However, upon mutual agreement employee’s Department Head no later than fourteen (14) calendar days from the date the grievant became aware or should have become aware of the parties, any step in incident giving rise to the procedure may be waivedgrievance. For purposes The supervisor shall date stamp the Form on the date of this Article, "working days" is defined as the days when the appropriate Human Resources office is openits receipt.
2. As soon as is practicable, but no later than seven (7) calendar days after his receipt of the written grievance, the immediate supervisor shall affix his written response and return one copy of it to the Union and the grievant.
B. Step Two.
1. Should the grievant or Union not be satisfied with the response to the grievance at Step One of the procedure, he may appeal the grievance to the Service Director. The grievant or the Union shall initiate this appeal within seven (7) calendar days after receipt of the Step One response, by delivering a copy of the Grievance Form containing written responses from prior steps, and any other pertinent documents to the Service Director. The Department Head or designee shall date stamp the Grievance Form on the date of its receipt.
2. Within seven (7) calendar days of his receipt of the Grievance Form, the Service Director shall investigate the grievance and shall schedule and conduct a meeting to discuss the grievance with the grievant and the Union. The grievant may bring to the meeting a Union ▇▇▇▇▇▇▇ shall present or Officer and/or Union non-employee representative. The Service Director may be joined in the meeting by any designated representative of the City. The parties may mutually agree to the attendance of other persons.
3. At the meeting called for at this Step, the grievant and/or representative will be permitted to give a full explanation of the grievance and the material facts relating thereto. The City may elect to inquire of the grievant or respond in the meeting in addition to the required written request for a step one response.
C. Step Three.
1. Should the grievant or the Union not be satisfied with the response to the grievance at Step Two of the procedure, he or the Union may appeal the grievance to the appropriate supervisor no later than thirty Mayor and/or his designee. The grievant or the Union shall initiate this appeal within seven (307) calendar days after receipt of the Step Two response, by delivering a copy of the Grievance Form containing the written responses from prior steps and any other pertinent documents, to the office of the Mayor. The Mayor and/or his designee shall date-stamp the Grievance Form on the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievanceits receipt.
2. This meeting shall be held within fourteen Within ten (1410) calendar days of his receipt of the requestGrievance Form, the Mayor or designee shall investigate the grievance and shall schedule and conduct a meeting to discuss the grievance with the grievant and the Union. The supervisor, employee(s) and Grievant may bring to the meeting a Union ▇▇▇▇▇▇▇ shall attempt to resolve the matterand/or Union Officer and/or a non-employee Union Representative. The supervisor shall Mayor or designee may be joined in the meeting by the Department Head who conducted the Step Two grievance meeting and a designated City Representative.
3. At the meeting called for at this Step, the grievant and/or Representative will be permitted to give a full explanation of the grievance and the material facts relating thereto. The City may elect to inquire of the grievant or respond in the meeting in addition to the grievant with a copy to the ▇▇▇▇▇▇▇ within required written response.
4. Within fourteen (14) calendar days following after the meeting. If the grievance remains unresolvedmeeting at this step, the Mayor or designee shall submit to the grievant and to the Union may submit it a written response to Step Twothe grievance, which response shall be signed and dated.
5. Should the grievant or the Union not be satisfied with the Mayor’s response to his grievance at Step 2Three, he shall notify the Grievance Representative of his desire to proceed to arbitration. If The Grievance Representative will present the grievance has not been settled, it shall be submitted in writing, stating grievant’s request to the nature of Union. Should the Union determine to proceed to arbitration with the grievance, the specific provisions(s) of Union President or non-employee Union Representative shall so notify the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3City by written notification. If the grievance remains unsettled, a copy of the original This written grievance notification shall be submitted delivered by hand or received by the Union to the appropriate Human Resources Department Mayor’s Office within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, grievant’s and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the Union’s receipt of the list to select an arbitrator in the followingMayor’s response.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with Step One: In the following procedure. However, upon mutual agreement event that a written grievance is submitted arising out of the partiesoperation of this Agreement, any step except in the procedure may be waived. For purposes cases of this Articledischarge or suspension, "working days" is defined the employee shall continue to work as per the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance conditions existing prior to the appropriate supervisor no later than thirty (30) calendar days from time that the date grievance arose, and any formal meetings to discuss the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting grievance shall be held within fourteen (14) calendar days of receipt in the presence of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief shop ▇▇▇▇▇▇▇. If there is no satisfactory resolution at first step then the Union may within seven (7) days, advise the department supervisor that the employee intends to proceed with the grievance. The department superintendent and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within Area Vice President will then have fourteen (14) calendar days from the time they receive date of notification Step Three: Step Four: Step Five: to deal with, and answer the written grievance. This meeting Grievances other than those of individual employees may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
initiated at Step 4Two by either party. If the grievance remains unresolved after the response of the head of the Administrative Unitthere is no satisfactory resolution at second step then either party may, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following days, refer the receipt question to the Standing Committees by advising the chairmen of the list Standing Committees of the intention to select proceedwith the grievance. The Standing Committees will then have thirty (30) days to deal with, and answer the grievance. If there is no satisfactory resolution at third step then the question may, within seven (7) days upon written request of either Standing Committee be referred to the President of the Local and the Mill Manager who will then have thirty (30) days to deal with, and answer the grievance. Either party may elect to involve outside help at this step such as a regional Union representative and/or a Management representative from outside Specialties. If there is no satisfactory resolution at fourth step then the matter may, within thirty (30) days, be referredto an arbitrator Arbitrator. The time periods may be extended by mutual agreement by Management and the Local Union. Where a grievance arising from the discharge of an employee progresses to arbitration, either party may elect, in writing, to utilize the followingprocedure outlined in Section below as an alternative to the arbitration procedure set out in Section
Appears in 1 contract
Sources: Labour Agreement
GRIEVANCE PROCEDURE. All It is the mutual desire of the parties hereto that employees complaints be dealt with as soon as possible. No employee shall file a grievance under Article until the employee has first discussed complaint with immediate supervisor or supervisor involved, accompanied by ▇▇▇▇▇▇▇. Failing settlement of the complaint within four (4) calendar days, an employee may present a grievance in accordance with Article It shall be optional to the Employer to decline to consider any grievance, the alleged circumstances of which originated or occurred more than seven (7) calendar days (eight (8) calendar days in the case of part-time and substitute employees) prior to its presentation. Grievances and responses to grievances shall be settled submitted in accordance with writing at all stages. Grievances shall make reference to the following procedure. Howeveroriginal complaint, upon mutual agreement and shall contain a detailed statement of the partiesadjustment requested. An employee having a grievance shall, any step in either directly or assisted by ▇▇▇▇▇▇▇, submit the procedure may be waived. For purposes of this Article, "working days" is defined as same signed by the days when and the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ to Program Manager. The Program Manager shall present a written request for a step one grievance to the appropriate supervisor no later than thirty render decision within seven (307) calendar days from the date the employee, through the use next following receipt of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held If the decision of the Program Manager is not acceptable to the Union, the Union may appeal the decision to the Operations Director by grievance appeal notice in writing, signed by the employee and a Union ▇▇▇▇▇▇▇, within fourteen seven (147) calendar days (eight (8) in the case of part-time and substitute employees) of the receipt of the requestdecision of the Program Manager. The supervisorIf the is absent on an authorized leave and is not available to sign the appeal notice within the relevant time limit, employee(s) and such appeal notice may be signed by the second Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature lieu of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, The Operations Director shall hold a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing meeting with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and shall render decision to the appropriate employee and the Chairperson of the Grievance Committee within seven (7) calendar days next following receipt of the appeal notice. If the decision of the Operations Director is not acceptable to the union, the union may appeal the decision to the Executive Director by grievance appeal notice in writing, signed by the employee and a Union ▇▇▇▇▇▇▇, the head within seven (7) calendar days (eight (8) calendar days in case of part-time and substitute employees) of the Administrative Unitreceipt of the decision of the Operations Director. If the is absent on an authorized leave and not available to sign the appeal notice within the relevant time limit, such appeal, notice may be signed by a second Union ▇▇▇▇▇▇▇ in lieu of the Thereupon the Grievance Committee shall meet with the Executive Director or designated representative, to deal with the grievance. The Executive Director, or their designeedesignated representative, shall render decision within (7) calendar days (eight (8) calendar days in case of part-time and substitute employees) of the meeting with the Grievance Committee. In the event that the decision of the Executive Director is not satisfactory to the Union, the immediate supervisor and an appropriate Human Resources Department representative Union may invoke the arbitration provisions of this Agreement provided written notice of the Union s intention to proceed to arbitration is given to the Executive Director within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14twenty-one (21) calendar days in case of the meeting.
Step 4. If the grievance remains unresolved after the response part-time and substitute employees) of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list decision of the Executive Director. The above time limits may be extended by mutual agreement between the parties. Where any step of the grievance procedure may require, without reasonable notice, the substitution of the alternate ▇▇▇▇▇▇▇ or Chairperson of the Grievance Committee, the Employer may, in lieu of allowing such substitution, designate with written confirmation to select the Union that such step shall be deferred until the absent ▇▇▇▇▇▇▇ is available or until reasonable notice can be given to the alternate ▇▇▇▇▇▇▇ or Chairperson of the Grievance Committee that such person must be excused from work. Where a paid holiday or paid holidays set out in Article fall within a time limit for taking of any step of the grievance procedure, the time limit will be automatically extended by an arbitrator in equivalent number of calendar days. However, such time limits, referred to above shall be construed as mandatory. Failure to comply with the followingtime limits by the Employer or the Union shall be deemed an abandonment of the grievance. Failure of the Employer to reply within the time limits shall entitle the employee or the Union, as provided above, to proceed to the next step. For the purpose of the grievance and arbitration procedures, a grievance shall mean a dispute or difference as to the interpretation, application or administration of this Agreement or an alleged violation thereof. However, the Employers decision with respect to the designation of Program Co- ordinators may not be the subject of a grievance by an employee or the Union.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
A. Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step : Within twenty-one grievance to the appropriate supervisor no later than thirty (3021) calendar days from after the date the employeegrievant, through the use of reasonable diligence had or diligence, should have had, knowledge of the event(s) event giving rise to the grievance, the grievant and/or Association representative shall arrange a meeting with the grievant's immediate supervisor to resolve the grievance. This meeting The grievance shall be held identified as such and must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fourteen fifteen (1415) calendar days of receipt said meeting.
B. Step 2: If the grievance is not resolved to the satisfaction of the request. The supervisorAssociation at Step 1 of this procedure, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ Association may within fourteen fifteen (1415) calendar days following after the meeting. If immediate supervisor's response is given or due, whichever comes first, present the grievance remains unresolvedin writing to the Appointing Authority's Human Resources office, or other party as designated by the Union may submit it Appointing Authority to Step Two.
Step 2process grievances. If the The written grievance has not been settled, it shall be submitted in writing, stating state the nature of the grievance, the specific provisions(sfacts upon which it is based, the provision(s) of the Agreement in question, the alleged facts upon which the grievance is basedallegedly violated, and the relief requested to the appropriate Human Resources
Step 3requested. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen Within fifteen (1415) calendar days after the second step answer was given or was due. The appropriate Appointing Authority's Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unitoffice, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive other party as designated receives the written grievance. This , the Appointing Authority's representative shall arrange a meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt Association Representative to resolve the matter and grievance. The Appointing Authority's representative shall respond to the grievance in writing to the Union Business Representative Association Representative(s) and the Association within fourteen fifteen (1415) calendar days of the meeting.
C. Step 4. 3: If the grievance still remains unresolved the Association may within fifteen (15) calendar days after the response of the head Appointing Authority or their designee is due request arbitration of the Administrative Unitgrievance, or their designeeby written notice to the State Negotiator. The arbitration proceedings shall be conducted by a three member Board of Arbitration composed of one (1) representative of the Association, is given or is dueone (1) representative of the Employer, and one (1) neutral member. The neutral member shall be selected by the Union shall have ninety parties within seven (907) calendar days to request arbitration by way of a letter of intent to arbitrate/after notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreementis given. If the parties fail to mutually agree upon on the selection of an arbitrator neutral member within the said ten seven (107) calendar day period, the Union shall immediately either party may request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide submit a list of five (5) arbitrators. Each party shall have the right to alternately strike two (2) names from the list. If the parties fail to agree as to which party shall strike the first name, the decision shall be made by the flip of a coin. Instead of a three member Board of Arbitration, the Association and the Employer may mutually agree to submit the grievance to a sole arbitrator. If the parties agree to submit the grievance to a sole arbitrator, and the parties fail to agree on the arbitrator within seven (7) names of neutral arbitrators within five (5) calendar days following after the receipt notice of arbitration is received, the arbitrator shall be selected in the same manner as the neutral member of the list to select an arbitrator in the followingBoard of Arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with the following procedure. However, upon mutual agreement 7.1 For purpose of the partiesgrievance procedure, any step in the procedure may be waived. For purposes of this Article, "working days" grievance is defined as a dispute or disagreement as to the days when interpretation or application of any term or terms of this Agreement.
7.2 Grievances shall be resolved in the appropriate Human Resources office is open.following manner:
Step 1. The Union An employee and/or the UNION ▇▇▇▇▇▇▇ shall present claiming a written request for a step one grievance to violation of the appropriate supervisor no later than thirty terms of this Agreement shall, within ten (3010) calendar days from after the date the employee, through the use of reasonable diligence had or should have had, knowledge occurrence of the event(s) event giving rise to the grievance. This meeting shall be held within fourteen , or ten (1410) calendar days after the employee, through use of receipt reasonable diligence, gained knowledge of the requestoccurrence, meet on an informal basis with the immediate supervisor, as designated by the EMPLOYER, in an attempt to resolve the grievance. The supervisorSupervisor shall attempt to resolve the grievance within ten (10) calendar days.
Step 2. In the event the grievance is not satisfactorily resolved by the Supervisor, employee(s) and Union the employee and/or UNION ▇▇▇▇▇▇▇ shall attempt may reduce the alleged grievance to resolve writing to serve it upon the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ Department Head within fourteen ten (1410) calendar days following receipt of the meetingEMPLOYER'S Step 1 answer. If The written statement of the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating set forth the nature of the grievance, the specific provisions(sfacts on which it is based, the alleged section(s) of the Agreement in question, the alleged facts upon which the grievance is basedviolated, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was duerequested. The appropriate Human Resources Department Head shall convene a hearing meet with the Union Business Representativegrieving parties, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter grievance, and respond in writing to serve the Union Business Representative EMPLOYER'S Step 2 answer upon the UNION within fourteen ten (1410) calendar days of the meeting.
Step 43. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is dueunresolved, the Union shall have ninety (90) calendar days UNION may proceed to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within Step 3 within ten (10) calendar days thereafter following receipt of the EMPLOYER'S Step 2 answer by presenting the grievance in writing to the Council Administrator. The Council Administrator shall meet with the grieving parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt after receiving notice of the list UNION'S intention to select an arbitrator in proceed with the followinggrievance pursuant to Step 3.
Step 4. Either party may request mediation or arbitration by serving a written notice on the other party of their intention to proceed with mediation or arbitration within ten
Appears in 1 contract
Sources: Labor Agreement
GRIEVANCE PROCEDURE. A. All grievances shall be settled presented and disposed of in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.:
Step 1. The Union first step of the Grievance Procedure is an informal conference with the Head of Physical Plant. The informal conference must be requested by the grievant within ten (10) days of the occurrence upon which the grievance is based. The informal conference should take place within five (5) workdays of the request for the informal conference. 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 Head of Human Resources. The written grievance shall be filed within ten (10) days of the first step, informal conference. Written grievances shall contain the following: 1. It shall be signed by the grievant(s)and ▇▇▇▇▇▇▇ ▇; 2. It shall present be specific: who, what, when, where; 3. It shall contain an explanation 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. Within ten (10) days of receipt, the Head of Human Resources may choose to schedule a meeting with the grievant and union representatives for clarification of the grievance. If a meeting is scheduled, the Head of Human Resources shall provide a written request for a step one grievance response to the appropriate supervisor union within ten (10) days regarding the disposition of the grievance. If no later than meeting is scheduled, the Head of Human Resources shall provide a written response to the union within ten (10) days from receipt of the grievance.
Step 3. In the event, the grievance is not satisfactorily settled at Step 2, the Union shall have ten (10) days in which to request mediation for grievance resolution. An agreement by both parties to utilize mediation shall not constitute an obligation to reach a binding conclusion in mediation. Mediation shall be by a MERC mediator. Mediation shall be an attempt to reach agreement prior to arbitration. Mediation must be completed within thirty (30) calendar days from the date request. If mutual agreement to use mediation is not reached in ten (10) days after the employeewritten request for mediation, or a mutual resolution is not reached through mediation, then the Union shall have ten (10) days after mediation concludes in which to submit the grievance to binding arbitration in accordance with the procedures set forth. The union shall have the right to delay the arbitration process for a period not to exceed sixty (60) days in order to have the matter reviewed by the Teamsters Union 214 Grievance Panel. The Union may appeal arbitral grievances which have complied with the grievance timelines 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. If the parties do not agree on an arbitrator selection the Union shall file an arbitration notice within 15 calendar days through the use of reasonable diligence had or should have had, knowledge American Arbitration Association. The filing with the American Arbitration Association shall be for the selection of the event(s) giving rise arbitrator only. The Arbitrator shall be empowered, except as limited herein, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplication of a specific article and section of this Agreement. Although the arbitrator may cite law in making their award, they shall have no power to interpret state and/or Federal Law, to hear any matter involving constitutional rights or to render any provisions of this Agreement inapplicable by reason thereof. The Arbitrator’s decisions shall be submitted in writing and shall set forth their findings and conclusions with respect to the grievanceissue submitted to arbitration. This meeting There shall be held no appeal from an arbitrator’s decision, if within fourteen (14) calendar days the scope of receipt their authority as set forth herein, and it shall be final and binding on the Union, members of the requestbargaining unit, the employee(s) involved, and the College. The supervisorarbitrator’s fees and expenses, employee(s) the cost of any hearing and Union ▇▇▇▇▇▇▇ the cost of a reporter, shall attempt to resolve be borne by the matterlosing party. All other costs and expenses shall be borne by the party incurring them. The supervisor expenses and compensation of any witness or participant attending the arbitration proceeding shall respond to be paid by the grievant with a copy to party calling such witness or requesting such participation, excluding the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If who is party to the grievance remains unresolvedor their designee.
B. A Union representative shall have the right to represent any employee in any grievance proceedings upon the request of that employee. A Union representative shall have the right to process a grievance on 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, without intervention or a Union representative, if the adjustment is not inconsistent with the terms of this Agreement and if a Union representative has been given an opportunity to be present at such adjustment.
C. At each step of the formal Grievance Procedure, the members of the administrative staff or the Board shall promptly determine the grievance and give notice of its determination to the individual involved or representative of the group and the Union may submit it to Step Twoat the step.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written D. Every grievance shall be submitted by the Union to the appropriate Human Resources Department deemed settled and incontestable unless within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the after receipt of such notice of determination at any step appeal is taken as above provided to the list next succeeding step of the Grievance Procedure.
E. The liability of the College arising out of a grievance shall be limited to select an arbitrator not more than fifteen (15) days prior to the date of submission of the grievance in the followingfirst step.
F. The College shall provide all necessary forms for the processing of grievances.
G. No terms can be added to or subtracted from this Agreement, nor any provision thereof changed, by the 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 meaning of its terms or as to the rights of either party under these terms or as to the justification of action taken under these terms).
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances (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 where an allegation is made that this Agreement has been violated, such dispute shall be settled without interruption of the Employer’s business in accordance with the following procedure. Howevermanner: Step One: An employee shall within ten (10) working days of becoming aware of an occurrence that could become the matter of a grievance, upon mutual agreement bring the incident to the attention of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1his immediate supervisor verbally. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The immediate supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ verbally within fourteen five (145) calendar working days following of the meeting. Step Two: If the grievance remains unresolvedis not resolved at Step One of the grievance procedure, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union put in writing and presented to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was dueimmediate supervisor. The appropriate Human Resources Department Branch Manager shall convene arrange a hearing with meeting of both parties to discuss the Union Business Representative, grievance within ten (10) working days of receiving the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter grievance and respond to the grievance in writing to the Union Business Representative within fourteen five (145) calendar working days of the meeting.
(b) Failing satisfactory settlement being reached in Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is dueTwo, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within shall, within ten (10) calendar working days thereafter from the parties day the Branch Manager rendered his decision, give fifteen (15) working days notice in writing to the General Manager of its intention to refer the dispute to arbitration.
(c) Within fifteen (15) working days of a grievance being referred to arbitration the Employer and the Union will agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall attempt be borne in equal amounts by the Union and the Employer. The Arbitrator shall not have the power to select an arbitrator by mutual agreement. If alter, amend, modify, change, or make any decision inconsistent with the parties fail to mutually agree upon provisions of the selection Collective Agreement.
(d) In the case of an arbitrator within the said ten (10) calendar day perioda suspension or discharge, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt grievance may be submitted at Step 2 of the list to select an arbitrator in grievance process.
(e) For any matter where the followingemployee has a meeting with the Employer at any step of the grievance procedure concerning a grievance or potential grievance, the employee may be accompanied by representatives of the Union.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All grievances Any grievance arising under the terms of this contract or an alleged violation thereof shall be settled handled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.manner:
Step 1. The Union ▇▇▇▇▇▇▇ shall present An employee or group of employees, having a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by first take the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing matter up with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, who shall attempt to adjust the matter with the First Line Supervisor or designated representative in the section where the alleged violation occurred. Unless settlement is reached within three (3) working days, the grievance may be carried to Step 2.
Step 2. If processed to this step, the issue will be reduced to writing on a form mutually agreeable to the Company and the appropriate Union and submitted by the Union to the Manager or his designated representative who will hold a hearing within five (5) working days after receipt of the form, with a Union committee consisting of the Chief ▇▇▇▇▇▇▇, the head one (1) employee, and one (1) member of the Administrative Unit, or their designeepermanent grievance committee. If a Labor Relations representative is to be present at the hearing, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may Union will be held with or without the aggrieved employee present. The head represented by a principal officer of the Administrative Unit or their designee shall attempt to resolve the matter and respond Council. An answer will be given in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
Step 4. If the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of with a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent copy to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators Chief ▇▇▇▇▇▇▇ within five (5) calendar working days following after the receipt hearing. Failing satisfactory adjustment, the matter will be referred to Step 3.
Step 3. If processed to this step, the written grievance will be referred to the Project Manager or designee for final hearing and possible settlement by the designated Company representatives and the Union grievance committee. Third step grievance will be held on a mutually agreeable date(s) each month, which is established in advance. An answer will be given in writing addressed to the Secretary of the list Council with a copy to select an arbitrator the Chief ▇▇▇▇▇▇▇ within seven (7) working days after the hearing. If no agreement is reached, the matter may be referred to mediation in accordance with Article IV. In order to expedite the procedure, grievances settled in the followingfirst step or second step of the grievance procedure will not be held as establishing precedent for future grievances. It is understood that the provisions of the Labor-Management Relations Act shall be applicable to the above described grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with Should a dispute arise between the following procedure. HoweverEmployer and an Employee, upon mutual agreement of or the partiesUnion, any step in regarding the procedure may be waived. For purposes interpretation, meaning, operation, or application of this ArticleAgreement, "working days" including any question as to whether a matter is defined as the days when the appropriate Human Resources office arbitrable, or where an allegation is open.
Step 1. The Union made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort shall present be made to settle the dispute in the manner as described in this Article. It is the mutual desire of the parties that the complaints of Employees shall be resolved as quickly as possible. It is understood that an Employee has no grievance until has first given appropriate Supervisor the opportunity of resolving complaint. The Employee may request the assistance of a written request for Union representative. If an Employee has a step one grievance complaint shall discuss it with appropriate Supervisor within twenty (20) working days after the day on which the circumstances giving rise to the appropriate supervisor no later than thirty (30) calendar days from complainant occurred or ought to have reasonably come to the date the employee, through the use of reasonable diligence had or should have had, knowledge attention of the event(sEmployee. The Supervisor shall give response to this complaint within seven (7) working days following this discussion. Step In the event that the Supervisor is the Manager of the the grievance may proceed to Step with the agreement of the parties. Collective Agreement Unit B September to August If the reply of the Supervisor is not satisfactory to the Employee concerned, then it may be taken up as a grievance within seven (7) working days of the response of the Supervisor and referred to the Manager of the appropriate or designate. The grievance shall be in writing and shall include the circumstances giving rise to the grievance. This meeting , the remedy sought, and should include the provisions of the Agreement generally to be relied upon, and shall be held dated and signed by the Employee Union representative. The Manager of the appropriate or designate, will hold a meeting with the and up to two (2) Union representatives within fourteen (14) calendar ten working days of receipt of the requestgrievance. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ Manager of the appropriate or designate may request the attendance at the meeting of any other The Manager of the appropriate or designate shall attempt to resolve the matter. The supervisor shall respond give response to the grievant with a copy to the ▇▇▇▇▇▇▇ Union in writing within fourteen (14) calendar ten working days following the meeting. If Failing satisfactory resolution of the grievance remains unresolved, at Step the Union may submit it to Step Two.
Step 2. If refer the grievance has not been settledto the appropriate designated management representative within seven (7) working days of the written response of the Manager of the appropriate or designate. The appropriate designated management representative or designate, it shall be submitted in writing, stating the nature will hold a meeting with up to two (2) Union representatives within ten working days of receipt of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was dueThe may attend such meeting. The appropriate Human Resources Department designated management representative or designate may request the attendance at the meeting of any other The appropriate designated management representative or designate shall convene a hearing with give response to the Union Business Representative, in writing within ten working days following the meeting. The Employer shall notify the Union Grievance Committee consisting of the Local appropriate designated management representative. Failing satisfactory resolution of the grievance at Step the Union Presidentmay refer the grievance to a board of arbitration, Chief ▇▇▇▇▇▇▇as provided for below, and at any time within twenty-one (21) working days of the written response of the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may designated management representative; Such referral shall be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond made in writing to the Union Business Representative within fourteen person designated by the Employer. Collective Agreement Unit September lo August The Board of Arbitration will be composed of one (141) calendar days of person appointed by the meeting.
Step 4. If Employer, one (1) person appointed by the grievance remains unresolved after Union, and a third person to act as Chair chosen by the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followingother two
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled in accordance with For the following procedure. However, upon mutual agreement of the parties, any step in the procedure may be waived. For purposes of this ArticleAgreement, "working days" a grievance is defined as: a difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as the days when the appropriate Human Resources office to whether a matter is open.
Step 1arbitrable. The Union dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. With the exception of suspension of employment, notices pertaining to discipline or warnings will be maintained on an employee’s personnel file for a period not exceeding eighteen (18) months from the date it was issued, provided there has not been further infraction. Notices pertaining to suspension of employment will be maintained on an employee’s personnel file for a period not exceeding twenty-four (24) months from the date it was issued, provided there has not been further infraction. Step I Step Step The employee shall take the difference to his manager with or without ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to at the appropriate supervisor no later than thirty employee’s option within seven (307) calendar days from the date the employee, through the use of reasonable diligence had employee knew or reasonably should have had, knowledge known of the event(s) incident giving rise to the grievance. This meeting Failing settlement at Step the employee or Representative shall be held within fourteen twenty-one (1421) calendar days of receipt of the request. The supervisorevent giving rise to the difference, employee(s) put the grievance in writing, including Articles allegedly violated and Union ▇▇▇▇▇▇▇ shall attempt remedies sought, and meet with the applicable manager or designate and endeavour to resolve settle the matter. The supervisor Manager shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ grievance in writing within fourteen seven (147) calendar days following of the Step meeting. If the grievance remains unresolved, Failing settlement at Step the Union may submit it to Step Two.
Step 2. If the grievance has not been settledcommittee shall, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen (14) calendar days of the meeting.
employer’s response in Step 4meet with the applicable or designate to discuss the grievance. If Step Where the grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, matter is given or is due, the Union shall have ninety not settled at Step within sixty (9060) calendar days of the event giving rise to request the difference, the grievance shall either: by mutual agreement of the parties, be referred to an investigator for binding recommendations as provided in Article below, or, Where there is no mutual agreement in above, the grievance shall be referred to arbitration by way pursuant to Article Grievances of a letter general nature may be initiated by a member of intent the Union Committee in Step two of the grievance procedure. In the event of an employer grievance, it shall proceed directly to arbitrate/notice of arbitration. This letter of intent Step In the event a grievance is referred to an investigator pursuant to Article the Investigator shall be sent to chosen from the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list to select an arbitrator in the followinglist: Bob
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. All A grievance is a dispute concerning the interpretation, application or claimed violation of a specific term or provision of this agreement. Employees presenting or filing a grievance, individually or as a group, will be identified, by name, when the grievance is initially submitted. An employee may not grieve discharge or discipline imposed during the probationary period of employment. PEF shall have the exclusive right to represent any employee or employees, upon their request, at any Step of the grievance procedure, provided, however, individual employees may initiate and represent themselves in processing grievances shall in Steps 1 and 2. Both the Hospital and PEF will actively engage in efforts to secure prompt resolution of problems and grievances. The parties agree that most disputes can be, should be, and will be settled resolved in accordance with oral discussions. In those cases where such is not accomplished, the following procedure. Howeverprocedure shall apply: STEP ONE: The Employee, upon mutual agreement of the partiesor PEF, any step in the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one the grievance to the appropriate supervisor no later than thirty Department Head or a designated representative within ten (3010) calendar work days from of the date the employee, through the use of reasonable diligence had or should have had, knowledge of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the requestalleged violation. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance is based, and the relief requested to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy of the original written grievance shall be submitted by the Union to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and Head will respond in writing to within five (5) work days. At the Union Business Representative request of either party, a meeting will be held and the decision issued within fourteen five (145) calendar work days of the meeting.
. Group grievances filed by the employees of more than one department will be filed at Step 42 of this procedure. STEP TWO: If unresolved, the employee or PEF shall file an appeal with the Vice President of Human Resources within five (5) work days of the receipt of the Step 1 decision. The Vice President of Human Resources shall meet with the employee and the PEF representative, if requested by the employee. The Vice President of Human Resources will provide a written decision to the employee and the PEF Council Leader within five (5) work days of the meeting. STEP THREE: If the grievance issue remains unresolved after the response of the head of the Administrative Unitunresolved, or their designeePEF will notify, is given or is duein writing, the Union shall have ninety (90) calendar days to request arbitration by way Vice President of a letter Human Resources of an intent to arbitrate/. Such written notice of arbitration. This letter of intent shall must be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within given within ten (10) calendar days thereafter the parties shall attempt to select an arbitrator by mutual agreement. If the parties fail to mutually agree upon the selection of an arbitrator within the said ten (10) calendar day period, the Union shall immediately request the Minnesota State Bureau of Mediation Services or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt of the list Step 2 decision. Either party may request a panel of seven arbitrators from the Federal Mediation and Conciliation Service. The selection will be made by each party striking names alternately from the list. The decision of the impartial arbitrator will be final and binding upon the Hospital, PEF and the employee(s) involved. No Arbitrator has any power to select an amend, add to, subtract from or modify the terms of this contract. The fees and expenses of the arbitrator will be shared equally by the Hospital and PEF. Grievances which are not processed in accordance with the time limitations established above will be deemed settled on the basis of the answer given at the previous step. Time limits contained in the followingabove procedure may be waived by the written and mutual consent of the parties. Where the individual to whom the grievance is to be submitted is absent, service will be deemed complete and timely upon delivery to the Vice President of Human Resources or designee of the Hospital.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. All grievances shall be settled Definition: Any unit member in accordance this unit who feels that their wages, hours or working conditions do not conform with the standard as negotiated and set forth in this contract, shall have the following proceduregrievance procedure available. However, upon mutual agreement Such matters must be taken up at Step I of the parties, any step in following procedures within 20 working days after the procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance to the appropriate supervisor no later than thirty (30) calendar days from the date the employee, through the use of reasonable diligence had unit member knew or should have had, knowledge known of the event(s) giving rise to the grievance. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the grievant with a copy to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two.
Step 2. If the grievance has not been settled, it shall be submitted in writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon act or condition on which the grievance is based. In processing grievances through all steps of this procedure, unit members may be accompanied by a representative of the association. Step I
▇. Oral discussion of complaint with supervisor.
B. Oral reply by supervisor within ten (10) days.
C. If unresolved by oral response of supervisors, proceed to Step II within ten (10) days of oral reply.
A. Complaint is written up as a grievance and the relief requested presented to supervisors. Association grievance committee could file a written complaint and present to the appropriate Human Resources
Step 3. If the grievance remains unsettled, a copy supervisor on behalf of the original written grievance shall be submitted by the Union unit members.
B. Supervisor to the appropriate Human Resources Department within fourteen (14) calendar days after the second step answer was given or was due. The appropriate Human Resources Department shall convene a hearing with the Union Business Representative, the Union Grievance Committee consisting of the Local Union President, Chief ▇▇▇▇▇▇▇, and the appropriate Union ▇▇▇▇▇▇▇, the head of the Administrative Unit, or their designee, the immediate supervisor and an appropriate Human Resources Department representative within fourteen (14) calendar days from the time they receive the written grievance. This meeting may be held with or without the aggrieved employee present. The head of the Administrative Unit or their designee shall attempt to resolve the matter and respond in writing to the Union Business Representative within fourteen ten (1410) calendar days of the meetingdays.
C. If unresolved by supervisor's reply, proceed to Step 4III within ten (10) days. If the Step III
A. Association grievance remains unresolved after the response of the head of the Administrative Unit, or their designee, is given or is due, the Union shall have ninety (90) calendar days to request arbitration by way of a letter of intent to arbitrate/notice of arbitration. This letter of intent shall be sent to the office of Human Resources. The Union shall make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. committee files written appeal with authorized district representative.
B. Within ten (10) calendar days, the district authorized representative convenes meeting with association grievance committee to discuss grievance. District provides written response within ten (10) days. Spencerport Paraprofessional Association - 15 - July 1, 2012 - June 30, 2015
▇. ▇▇ unresolved by district representative's written reply, association may, within ten (10) days, appeal grievance to Superintendent for hearing. Step IV
A. Within ten (10) days thereafter of appeal, a hearing is held.
B. Superintendent renders decision within ten (10) days of completion of hearing. Step V Arbitration will apply to contractual grievances for all unit members. In discipline matters, arbitration only applies to those unit members with three or more years of service.
A. If the parties shall attempt unit member and/or association are not satisfied with the decision at Stage IV, it may submit the grievance to select an arbitration by written notice to the Superintendent of Schools within fifteen (15) work days of the decision at Stage IV.
B. Within fifteen (15) work days or less after such written notice of submission to arbitration, the Superintendent and the association will agree upon a mutually acceptable arbitrator by mutual agreementcompetent in the area of the grievance, and will obtain a commitment from said arbitrator to serve. If the parties fail are unable to mutually agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association by either party. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
C. The selected arbitrator within will hear the said ten (10) calendar day period, matter and render a decision.
D. The arbitrator shall have no power to make any decision which requires the Union shall immediately request the Minnesota State Bureau commission of Mediation Services an act prohibited by law or the American Arbitration Association to provide a list of seven (7) names of neutral arbitrators within five (5) calendar days following the receipt which is violative of the list to select an terms of this agreement.
E. The decision of the arbitrator in shall be final and binding upon all parties.
F. The costs for the followingservices of the arbitrator, including expenses, if any, will be borne equally by the Board of Education and the association.
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Sources: Collective Bargaining Agreement