GRIEVANCE PROCEDURE. A. A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement. B. The process for commencing and resolving grievances shall be as follows: STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting. STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance Grievances shall be defined as handled in the following manner:
Step 1 The aggrieved employee shall submit in writing to the Union President and/or Vice President all known relevant facts pertaining to the alleged grievance on the Grievance Form. The Union Grievance Committee, upon receiving a dispute or disagreement raised thorough and complete Grievance Form submitted by an the employee against to the Employer involving Union President and/or Vice President, shall determine if a grievance exists within fourteen (14) calendar days. Based on the interpretation or application Grievance Committee ruling and the pertinent information surrounding the situation the Union Executive Board will decide whether to pursue further action. Within seven (7) calendar days of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate Union Executive Board’s decision to submit a grievance, the Union representative shallshall submit the grievance on the Grievance Form with Step One completed and present it to the employee’s immediate supervisor. If any of these timelines mentioned above cannot be met, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance notified.
Step 2 Grievances must be presented by the Union to the Chief within fifteen affected employee’s immediate supervisor no more than thirty (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (1030) calendar days after the Step 2 meetingdate the affected employee becomes aware of the alleged violation. Any In no event shall a grievance not appealed in writing to Step 2 by be presented more than ninety (90) days after the Union within ten occurrence of the alleged violation. Within seven (107) calendar days of receipt of the grievance, the employee’s immediate supervisor and the affected employee and the Union shall be considered waived.
STEP 3meet and discuss the grievance in an effort to resolve it. Within seven (7) calendar days following this meeting, the supervisor shall provide the Union with a written response to the grievance. If the employee’s immediate supervisor is a company officer, the immediate supervisor must obtain approval from his/her Battalion Chief and the Deputy Chief prior to providing the Union with the written grievance is response.
Step 3 If the Union decides that the grievance was not satisfactorily resolved at Step 2, the Union may appeal advance the grievance to the Fire Chief. To advance the grievance the Union must, within fourteen (14) calendar days after receiving the immediate supervisor’s Step 2 grievance response, provide the Fire Chief with written notice it is advancing the grievance. Within fourteen (14) calendar days after receiving the Union’s Step 3 by giving written notice to the Chief, the Chief (or the Chief’s designee) shall meet with the affected employee and the Union to discuss the grievance. The parties shall discuss the merits of the appeal to Step 3 to the Chair of the City’s Personnel Committeegrievance and explore possible resolution. The referral to Step 3 shall be made within ten Within fourteen (1014) calendar days following this meeting, the receipt Chief (or the Chief’s designee) shall provide the Union with a written response.
Step 4 If the Union decides that the grievance was not satisfactorily resolved at Step 3, the Union may advance the grievance to the Mayor. To advance the grievance, the Union must, within fourteen (14) calendar days after receiving the Fire Chief’s Step 3 grievance response, provide the Mayor with written notice it is advancing the grievance. Within fourteen calendar days after receiving the Union’s Step 4 notice to the Mayor, the Mayor (or the Mayor’s designee) shall meet with the Union to discuss the grievance. The parties shall discuss the merits of the Employer’s final Step 2 answergrievance and explore possible resolution. Within tenfourteen (14) calendar days following this meeting, the Mayor (or the Mayor’s designee) shall provide the Union with a written response.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance Grievances shall be defined as handled in the following manner:
Step 1 The aggrieved employee shall submit in writing to the Union President and/or Vice President all known relevant facts pertaining to the alleged grievance on the Grievance Form. The Union Grievance Committee, upon receiving a dispute or disagreement raised thorough and complete Grievance Form submitted by an the employee against to the Employer involving Union President and/or Vice President, shall determine if a grievance exists within fourteen (14) calendar days. Based on the interpretation or application Grievance Committee ruling and the pertinent information surrounding the situation the Union Executive Board will decide whether to pursue further action. Within seven (7) calendar days of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate Union Executive Board’s decision to submit a grievance, the Union representative shallshall submit the grievance on the Grievance Form with Step One completed and present it to the employee’s immediate supervisor. If any of these timelines mentioned above cannot be met, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance notified.
Step 2 Grievances must be presented by the Union to the Chief within fifteen affected employee’s immediate supervisor no more than thirty (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (1030) calendar days after the date the affected employee becomes aware of the alleged violation. In no event shall a grievance be presented more than ninety (90) days after the occurrence of the alleged violation.
Step 2 meeting. Any grievance not appealed in writing to Step 2 by 3 If the Union within ten (10) calendar days shall be considered waived.
STEP 3. If decides that the grievance is was not satisfactorily resolved at Step 2, the Union may appeal advance the grievance to Step 3 by giving written notice of the appeal to Step 3 to Fire Chief. To advance the Chair of grievance the City’s Personnel Committee. The referral to Step 3 shall be made Union must, within ten fourteen (1014) calendar days following after receiving the receipt of the Employerimmediate supervisor’s final Step 2 answergrievance response, provide the Fire Chief with written notice it is advancing the grievance.
Step 4 If the Union decides that the grievance was not satisfactorily resolved at Step 3, the Union may advance the grievance to the Mayor. Within tenTo advance the grievance, the Union must, within fourteen (14) calendar days after receiving the Fire Chief’s Step 3 grievance response, provide the Mayor with written notice it is advancing the grievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A Section 1. For the purpose of this Agreement, a grievance shall be defined as an allegation of a dispute misapplication or disagreement raised by an employee against the Employer involving the interpretation or application misinterpretation of the a specific provisions term of the Agreement, including but not limited to departmental suspension, dismissal, or other departmental disciplinary action.
B. Section 2. No employee will be suspended, demoted, reprimanded, discharged or otherwise disciplined without just cause.
Section 3. The process for commencing and resolving grievances aggrieved employee may be accompanied by member of the Union at any step of the grievance proceedings. A grievance shall be as followsprocessed in the following three (3) steps:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting The grievance shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter filed with the Chief prior to filing a grievance. The meeting must take place department head within ten (10) working days of the occurrence. The aggrieved employee shall meet with the department head within ten (10) working days of the filing of the grievance. In the event that the department head is the City Manager, the grievance shall be filed with the City Manager within the same ten (10) working days of its occurrence and shall be processed in accordance with STEP 2.
STEP 2. If no satisfactory settlement is reached, the grievance shall be filed with the City Manager within ten (10) working days after the decision of the department head. The aggrieved employee shall meet with the City Manager within ten (10) working days of the filing of the grievance.
STEP 3. In the event the grievance is received. The Fire Chief’s response(s) shall be providednot settled in STEP 1 or STEP 2 above, in writinga manner satisfactory to both parties, then either the Union or the City has the right and authority, within ten (10) calendar working days thereafter, to submit such grievance to the Connecticut State Board of Mediation and Arbitration to arbitrate such dispute or grievance in accordance with its rules. The decision of the meetingBoard shall be final and binding upon both parties and shall have the same force and effect as a judgment of law.
STEP 2Section 4. If Any time limit specified in this Article, except for the initial filing of a grievance, may be extended by mutual agreement of the Union and the City, provided that if a grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 submitted by the Union to a higher step in the above procedure within ten (10) calendar days the specified time limit it shall be considered waiveddeemed settled on the basis of the answer of the last step considered.
STEP 3Section 5. If When a decision is not rendered by the City at any step within the time limits specified in the grievance is not resolved at Step 2procedure, the Union employee shall assume that no satisfactory settlement can be reached and may appeal proceed with the next step of the grievance to Step 3 by giving written notice procedure, provided he/she does so within the specified time limits enumerated in Section 2 of this Article. Failure of the appeal City to Step 3 to the Chair act shall not be construed as approval of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tensaid grievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised claim by an employee against or the Employer involving the interpretation Association that there has been a violation, misinterpretation or application misapplication of the specific provisions any provision of the Agreementthis Agreement may be processed as a grievance as hereinafter provided.
B. The process In the event that an employee believes there is a basis for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union employee and/or Association representative shall, within shall first discuss the time period specified below, inform the Chief or alleged grievance with his/her designee building principal and/or other appropriate supervisor. If the grievance is not thus resolved, formal grievance procedures may be instituted.
C. Step I: The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in writing describing the nature each building. A copy of the disputegrievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one school building, it may be filed with the employee(s) affected, Superintendent or a representative designated by the contract provision at issue and the remedy soughtSuperintendent. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief filed within fifteen thirty (1530) calendar days of the knowledge occurrence of which he/she complains or thirty (30) calendar days of the alleged violation time when the grievant learned of the Labor Agreement. The Union occurrence of which he complains, whichever is encouraged to discuss later.
D. Step I Reply: Within five (5) calendar days of receipt of the matter written grievance, the principal or appropriate supervisor shall meet with the Chief prior Association in an effort to filing a resolve the grievance. The meeting must take place within ten (10) days after principal or appropriate supervisor shall indicate his/her disposition of the grievance in writing within five (5) calendar days of such meeting, and shall furnish a copy thereof to the Association.
E. Step II: If the Association is received. The Fire Chief’s response(snot satisfied with the disposition of the grievance or if no disposition has been made within five (5) shall be provided, in writing, within calendar days of such meeting or ten (10) calendar days from date of the meeting.
STEP 2. If filing, whichever shall be later, the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 shall be transmitted to the City’s Operation DirectorSuperintendent. The referral to Step 2 shall be made in writing to the Employer within ten Within five (105) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director Superintendent or his/her representative, designee shall meet with the Fire Chief, Association on the grievant(s), grievance and a Union Representative. The City Operations Director shall give indicate his/her disposition of the Union the Employer’s Step 2 answer grievance in writing within ten five (105) calendar days after of such meeting and shall furnish a copy thereof to the Association, provided that in the event the superintendent is out of the District at the time the grievance is transmitted to his/her office, the five (5) day time period mentioned above shall commence on the day the superintendent returns to work, provided that the total number of days shall not exceed fifteen (15) days.
F. Step 2 meetingIII: If the Association is not satisfied with the disposition of the grievance at Step II or if no disposition has been made within the period above provided, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. Any grievance not appealed in writing The Association shall exercise its right of arbitration by giving the Superintendent written notice of its intention to Step 2 by the Union arbitrate within ten twenty (1020) calendar days shall be considered waived.
STEP 3of receipt of the written decision of the Superintendent. If the grievance is parties cannot resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 agree as to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made arbitrator within ten five (105) calendar days following from the receipt notification date that arbitration will be pursued, the arbitrator shall be selected by the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceeding, except as provided in "Jurisdiction of the Employer’s Arbitrator." The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground rules except as provided in "Jurisdiction of the Arbitrator," or to rely on any evidence not previously disclosed to the other party. The decision of the arbitrator shall be final Step 2 answer. Within tenand binding upon both parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance Should any dispute arise between the Company and the Employees or the Company and the Association as to the interpretation, application or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a “working day” shall be defined as a dispute or disagreement raised by an 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 against are responsible to ensure that the Employer involving grievance procedure moves forward. Should responses not occur within the interpretation or application timeframes, the employee and/or the Association Representative can seek assistance from the Human Resource Manager.
Step 1 Within three (3) days of the specific provisions occurrence of the Agreementdifference, 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 employee at this stage in the procedure. If the matter is not resolved within three (3) 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.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance Grievances must be presented submitted to the Chief Arbitrator within fifteen (15) calendar days of the knowledge completion of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 3 of the Grievance Procedure Procedure.
2. Each grievance will be heard by giving written notice of the appeal to Step 2 to the City’s Operation Directora single independent Arbitrator.
3. The referral to Step 2 single Arbitrator will be chosen from the following list: Xxxxx Xxxxx Xxxxx XxXxxxxxxx Xxxx Xxxxxx.
4. The appointed Arbitrator can only apply the agreement; they cannot add/amend anything in the agreement.
5. During Arbitration, you may be accompanied by and represented by an Association Representative, if one is unavailable, any fellow employee.
6. The Company will pay the Arbitrator’s expenses.
7. The Arbitrator’s decision shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), final and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedbinding.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Wage and Working Agreement, Wage and Working Agreement
GRIEVANCE PROCEDURE. 6.1 Any dispute between the City and the Union or between the City and any employee covered by this Agreement concerning the interpretation, application, claim of breach or violation of the express terms of this Agreement shall be deemed a grievance. The following outline of procedure is written as for a grievance of the Union against the City, but it is understood the steps are similar for a grievance of the City against the Union.
A. 6.1.1 Reclassification grievances shall be processed per Section 6.9.
6.2 Every effort will be made to settle grievances at the lowest possible level of supervision with the understanding grievances will be filed at the step in which there is authority to adjudicate, provided the immediate supervisor is notified. Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievance.
6.3 Grievances processed through Step 3 of the grievance procedure shall be heard during normal City working hours unless stipulated otherwise by the parties. Employees involved in such grievance meetings during their normal City working hours shall be allowed to do so without suffering a loss in pay. No more than one (1) shop xxxxxxx, other than the grievant, shall attend the grievance meeting, except through prior approval of the City official convening the meeting.
6.4 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Failure by an employee and/or the Union to comply with any time limitation of the procedure in this Article shall constitute withdrawal of the grievance. Failure by the City to comply with any time limitation of the procedure in this Article shall allow the Union and/or the employee to proceed to the next step without waiting for the City to reply at the previous step, except that employees may not process a grievance beyond Step 3.
6.5 A grievance in the interest of a majority of the employees in a bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the grievance procedure and be processed within the time limits set forth herein. As a means of facilitating settlement of a grievance, either party may by mutual consent include an additional member on its committee.
6.6 A grievance shall be defined as a dispute processed in accordance with the following procedure:
Step 1 - A grievance shall be submitted in writing by the aggrieved employee or disagreement raised by an the employee against the Employer involving the interpretation or application and/or Shop Xxxxxxx within twenty (20) business days of the specific provisions alleged contract violation to the employee's immediate supervisor. The grievance shall include a description of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue incident and the remedy soughtdate it occurred. A The immediate supervisor should consult and/or arrange a meeting shall be held among the grievant(s)with their supervisor(s) if necessary, the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after parties agree to make every effort to settle the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2at this stage promptly. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure requested by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director shop xxxxxxx or his/her union representative, the Fire Chief, the grievant(s), and Parties will convene a Union Representativemeeting. The City Operations Director immediate supervisor(s) shall give answer the Union the Employer’s Step 2 answer grievance in writing within ten (10) calendar business days after being notified of the grievance.
Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. - If the grievance is not resolved as provided in Step 1 above, or if the grievance is initially submitted at Step 22 per Section 6.2, it shall be reduced to written form, citing the Section(s) of the Agreement allegedly violated, the Union may appeal nature of the alleged violation and the remedy sought. The Executive Director or their designee and/or aggrieved employee shall then forward the written grievance to Step 3 by giving written notice of the appeal to Step 3 division head with a copy to the Chair City Director of the City’s Personnel Committee. The referral to Step 3 shall be made Labor Relations within ten (10) calendar business days following after the Step 1 answer. With Mediation Step 3 - If the grievance is not resolved as provided in Step 2 above or if the grievance is initially submitted at Step 3 per Sections 6.2 or 6.5, the grievance shall be reduced to written form, which shall include the same information specified in Step 2 above. The grievance shall be forwarded within ten (10) business days after receipt of the Employer’s final Step 2 answeranswer or if the grievance was initially submitted at Step 3 it shall be submitted within twenty (20) business days of the alleged contract violation. Within tenSaid grievance shall be submitted by the Executive Director or their designee and/or aggrieved employee to the City Director of Labor Relations with a copy to the appropriate department head. The Director of Labor Relations or their designee shall investigate the grievance and they shall convene a meeting between the appropriate parties. They shall thereafter make a confidential recommendation to the affected department head who shall in turn give the Union a detailed answer in writing ten (10) business days after receipt of the grievance or the meeting between the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 5.1 Any dispute between the City and the Union or between the City and any employee covered by this Agreement concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be deemed a grievance. An employee at any time may present a grievance to the City and have such grievance adjusted without the intervention of the Union, if the adjustment is not inconsistent with the expressed terms of this Agreement and if the Union has been given notice of the grievance and reasonable opportunity to be present at any meeting called for the resolution of such grievance. Grievances regarding suspension, demotion, and termination must be filed at Step 3 of the grievance procedure. There shall be no change in the nature of any grievance after it is filed.
A. 5.1.1 An employee has the right to have a Union representative, Union officer or Shop Xxxxxxx present at each step of the grievance procedure.
5.2 A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be processed as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee Step 1 - The grievance shall be submitted in writing describing to the nature Parking Enforcement Unit Commander within twenty (20) business days of the dispute, alleged contract violation. The grievance shall include a description of the employee(s) affected, the contract provision at issue incident and the remedy soughtdate it occurred. A The parties agree to make every effort to settle the grievance at this stage promptly. The Unit Commander should consult and/or arrange a meeting shall be held among with the grievant(s), the Union representative and the Fire Chief in attempt employee’s supervisor or such other person as is necessary to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within Within ten (10) business days after being notified of the alleged grievance, the Unit Commander shall make arrangements for a grievance meeting and shall answer the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar business days after the grievance meeting. The Unit Commander shall answer the grievance in writing within ten (10) business days after being notified of the alleged grievance.
Step 2 meeting. Any - If the grievance is not appealed resolved as provided in Step 1, it shall be submitted in writing by the Union to the Bureau Chief with a copy to the City Director of Labor Relations within ten (10) business days after the receipt of the Step 1 answer. The Step 2 grievance shall state the section(s) of the Agreement allegedly violated, provide a detailed explanation of the grievance, and identify the remedy sought. Step 3 - If the grievance is not resolved as provided in Step 2 above, the grievance, as presented in Step 2, as well as a statement of the Union identifying in general those issues that remain unresolved, shall be forwarded by the Union within ten (10) calendar business days shall be considered waived.
STEP 3after the Step 2 answer to the City Director of Labor Relations with a copy to the Chief of Police. If the grievance is not resolved at Step 2, the The Union may appeal the grievance to Step 3 by giving written notice also include a statement of the appeal to Step 3 to Union’s reasons for not accepting the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenresponse.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance is an unsettled complaint by an employee, group of employees, or the Union alleging that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the Board relating to wages, hours or terms and conditions of employment.
1. The grievance procedure shall 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 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 defined as made the subject of a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreementgrievance.
B. A Liaison Board will be established consisting of the supervisor, two (2) bus drivers and the Superintendent or designee. The process for commencing Liaison board may meet each month on a designated day to discuss issues that cannot be resolved between the Supervisor and resolving grievances the Bus Drivers. This may be done during the monthly staff meetings.
C. If the Liaison Board is unable to resolve the issue, a formal grievance may be filed within five (5) work days of the determination that this is so, on the form set forth, annexed hereto, and signed by the grievant and Union representative, which form shall be as follows:made available to each Building Representative. A copy of the grievance form shall be delivered to the supervisor.
STEP 1. To initiate D. If a grievance involves more than one school building, it may be filed with the Superintendent or a representative designated by him/her.
E. Within three (3) school days or three (3) calendar weeks, whichever is earlier, after receipt of the grievance, the supervisor shall meet with the Union representative shall, within Grievance Committee in an effort to resolve the time period specified below, inform the Chief or grievance. The supervisor shall indicate his/her designee disposition of the grievance in writing describing and the nature supporting reasons therefore, within three (3) days of such meeting and shall furnish a copy thereof to the Union.
F. Within twenty (20) school days after the delivery of the disputedecision, the employee(sgrievance may be appealed to the Superintendent.
G. Within ten (10) affectedschool days after delivery of the decision, the contract provision at issue Superintendent or his designee shall meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the remedy soughtgrievance in writing, along with the reasons therefore, and shall furnish a copy thereof to the Union.
H. Within ten (10) school 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.
I. The Board, no later than its next regular meeting, or two (2) calendar weeks, whichever is later, shall hold a hearing on the grievance. A meeting At such hearing, the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing, including witnesses, shall be held among given at least three (3) days notice of the grievant(s)hearing.
J. Within seven (7) days after this hearing, the Union representative and the Fire Chief Board shall communicate its decision in attempt to resolve the dispute. The written notice of grievance must be presented writing, together with supporting reasons, to the Chief within fifteen principal, the Superintendent, the Union, Counsel for the Union (15if any) calendar days of and to the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within aggrieved.
K. Within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days receipt of the meeting.
STEP 2. If decision of the grievance is not resolved through Step 1Board, the Union may appeal the grievance decision to Step 2 binding arbitration under the auspices and rules of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedAmerican Arbitration Association.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Support Staff Contract, Support Staff Contract
GRIEVANCE PROCEDURE.
A. Step 1: Within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence, should have knowledge of the 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. A grievance shall be defined identified as a dispute or disagreement raised by an employee against such. If the Employer involving grievance is not resolved within three (3) days of this meeting, the interpretation or application 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 the specific provisions of the Agreementsaid meeting.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievanceStep 2: If the grievance is not resolved to the satisfaction of the Association at Step 1 of this procedure, the Union representative shallAssociation may within fifteen (15) calendar days after the immediate supervisor's response is given or due, within whichever comes first, present the time period specified below, inform the Chief or his/her designee grievance in writing describing to the Appointing Authority's Human Resources office, or other party as designated by the Appointing Authority to process grievances. The written grievance shall state the nature of the disputegrievance, the employee(s) affectedfacts upon which it is based, the contract provision at issue provision(s) of the Agreement allegedly violated, and the remedy soughtrelief requested. A meeting shall be held among Within fifteen (15) calendar days after the grievant(s)Appointing Authority's Human Resources office, or other party as designated receives the written grievance, the Union Appointing Authority's representative and shall arrange a meeting with the Fire Chief in attempt Association Representative to resolve the disputegrievance. The written notice of grievance must be presented Appointing Authority's representative shall respond to the Chief grievance in writing to the Association Representative(s) and the Association within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. C. Step 3: If the grievance is not resolved through Step 1, still remains unresolved the Union Association may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten fifteen (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (1015) calendar days after the Step 2 meetingresponse of the Appointing Authority or his/her designee is due request arbitration of the grievance, by written notice to the State Negotiator. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days The arbitration proceedings shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 conducted by giving written notice a three member Board of Arbitration composed of one (1) representative of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten Association, one (101) calendar days following the receipt representative of the Employer’s final Step 2 answer, and one (1) neutral member. Within tenThe neutral member shall be selected by the parties within seven
Appears in 2 contracts
Samples: Employment Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A For the purpose of this Agreement, a grievance shall be defined as a is any difference or dispute or disagreement raised by between the Employer and the Union, an employee against the Employer involving or group of employees concerning the interpretation or application of the specific provisions of the this Agreement. The parties agree to make prompt and xxxxxxx efforts to resolve such matters.
B. a. The process procedure for commencing and resolving grievances handling a grievance pertaining to any such difference or dispute which may arise under this Agreement, shall be as follows:, except that grievances involving disciplinary suspensions, transfers or terminations may be taken directly to Step 3.
STEP Step 1. To initiate The Union and the immediate supervisor shall attempt to resolve any disputes or differences covered by this Article at the time they arise, or as soon as practicable thereafter. In the event they are unable to resolve the issue, the grievance shall be reduced to writing by the Union and submitted to the Employer’s designated representative within ten (10) business days from when the grievant knew or should have known of the facts giving rise to the grievance.
Step 2. All grievances, other than those concerning discharge or suspension, shall be 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 ten (10) business days of the written grievance. A written decision by the Employer shall be rendered within ten (10) business days of the Step 2 meeting. If the grievance is not deemed resolved after the Step 2 meeting, the Union representative shall, shall request a Step 3 meeting within the time period specified below, inform the Chief or his/her designee in writing describing the nature ten (10) business days of the dispute, the employee(s) affected, the contract provision at issue and the remedy soughtEmployer’s Step 2 written decision.
Step 3. A meeting shall be held among the grievant(s)Following a request for a Step 3 meeting, the Union representative and the Fire Chief Employer representative, who shall not be the person who participated in either Step 1 or Step 2 on behalf of the Employer, shall meet within ten (10) business days. A written decision by the Employer shall be rendered within ten (10) business days of the Step 3 meeting. For all discharge and suspension grievances, the designated Union representative and the designated Employer representative will meet within ten (10) business days of the receipt of the grievance notice in an attempt to resolve the disputeissue.
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 binding on the Union and the Employer. The written notice of grievance demand for arbitration must be presented to the Chief made in writing within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar business days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived3 written decision.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Security Contractors Agreement, Security Contractors Agreement
GRIEVANCE PROCEDURE.
A. A Any grievance or dispute arising out of the application or meaning of the terms of this Agreement during the term of this Agreement and not specifically excluded from the grievance and arbitration procedure by this or any other provision of this Agreement shall be defined as taken up in the manner set forth below. All grievances must be presented in writing at every step. Such writing shall specify in detail the acts upon which the grievance is based and the particular provisions of this Agreement allegedly violated by said acts. Failure to properly present a dispute or disagreement raised by an employee against grievance in writing at this stage of the grievance procedure shall constitute a waiver of such grievance and bar all further action thereon. Failure on the part of the Employer involving to answer a grievance at any step shall not be deemed acquiescence thereto and the interpretation or Union may proceed to the next step. Workers have a right to Union representation for any grievance in dispute arising out the application of the specific provisions of the Agreement.
B. The process for commencing . It is mutually understood and resolving grievances shall be as follows:
STEP 1. To initiate agreed that nothing herein will prevent a grievance, the Union representative shall, within the time period specified below, inform the Chief or worker from discussing any problem with his/her designee in writing describing the nature supervisor or other representative of Management at any time, with or without his/her Union representative, prior to initiating a formal grievance. Failure to present a grievance within fourteen (14) calendar days of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), date the Union representative and or employee became aware of the Fire Chief in attempt to resolve issue shall nullify the dispute. grievance.
Step I: The written notice of grievance complaint must be presented to the Chief Executive Director within fifteen fourteen (1514) calendar days from the date of the event giving rise to the concern, or the date the event became known or should have been known. The Executive Director Department Head will respond within fourteen (14) calendar days of the knowledge Step I meeting to affected worker(s), advocate or the Union Field Representative, unless the Operator, making a reasonable effort to research the issue, notifies the complainant in writing of the alleged violation of the Labor Agreementreasonable cause existing for further delay. The Union is encouraged Step I response will settle the matter, unless appealed to discuss Step II.
Step II: If the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) not resolved at Step I, it shall be provided, in writing, presented to the Executive Director of Business Administration within ten fourteen (1014) calendar days of the Step I response or from the time the Executive Director should have responded in Step I. The Union Field Representative or the advocate and the Facility Administrator shall arrange a mutually agreeable date to meet in person or by conference call for the purpose of attempting to settle the matter. The Executive Director of Business Administration shall respond to the written grievance in writing within fourteen (14) calendar days of the Step II meeting. The Step II response will settle the matter unless appealed to Step III.
STEP 2. Step III: If the parties are unable to resolve the dispute at Step II, the matter shall be presented to the Director of Labor and Employment or designee within fourteen (14) calendar days of the Step II response from the Executive Director of Business Administration. The union Field representative and the Director of Labor and Employment or designee shall arrange a mutually agreeable date to meet in person or by conference call for the purpose of attempting to settle the matter. The Director of Labor Relations or designee will respond in writing within fourteen (14) calendar days of receipt of the grievance is not resolved through Step 1or a meeting which ever comes later. (14) calendar days of the presentation of the grievance. Should the mediated resolution be unacceptable to the Union, the Union shall reserve the right to proceed to arbitration. That Parties agree that the Mediator's recommended solution or comments and the parties' own proposals, comments and suggestions during mediation may appeal the grievance not be referred to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made or used as evidence in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedany subsequent Arbitration process.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against between the Employer involving County and The Association arising over the interpretation or application of the a specific provisions aspect of the Agreementthis agreement which is not a Management Right. Grievances as defined above shall be resolved pursuant to this Article. This Article shall not apply to disciplinary action of any form covered by Article 9.
B. The process for commencing and resolving grievances An Association grievance committee shall be as follows:established consisting of three members. Such committee shall be selected in a manner to be determined by the Association membership. The purpose of the Association grievance committee is to aid the Association and employee in resolution of grievances or to determine whether to pursue the matter through the grievance procedure.
STEP 1. To initiate C. If the employee feels he/she has a grievance, he/she shall take up the Union representative shall, matter with the immediate supervisor within 10 days after the time period specified below, inform employee becomes aware of the Chief or his/her designee event giving rise to the grievance.
D. The immediate supervisor shall make every attempt to reach an acceptable solution to the problem within 10 days after it has been submitted to him. Any grievance settlement shall be approved in writing describing by the Department Head and the County Manager.
E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within 10 days after the event giving rise to the grievance, the Association shall submit the grievance in writing to the immediate supervisor, the Department Head and provide the following information:
1. The employee’s name;
2. The employee’s position classification;
3. The employee’s department;
4. A complete statement of the nature of the dispute, grievance citing the employee(s) affected, specific section of this agreement which is the contract provision at issue basis for the grievance;
5. Any attempts made to resolve the problem;
6. A proposed solution to the grievance;
7. Signature of the President of the Association; and
8. The date the grievance arose and the remedy sought. A meeting shall be held among date the grievant(s), employee signed the Union representative statement.
F. The Association grievance committee and the Fire Chief in immediate supervisor shall attempt to resolve the disputematter. The written notice of Any grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) settlement shall be provided, approved in writing, within ten (10) calendar days of writing by the meeting.
STEP 2Department Head and the County Manager. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer settled within ten (10) calendar 10 days after receipt of the Fire Chiefwritten grievance by the County officials as described in paragraph E above, the Association may submit the written grievance with the information outlined above to the County Manager. The County Manager shall arrange for any meetings and investigations necessary to enable him to respond in writing to the Association regarding the grievance within 10 days from the date he received said grievance.
G. If the matter is not settled in the previous step within 3 days after receipt of the written response from the County Manager, the Association may, within 10 days of receipt of the County Manager’s answer decision notify the County Manager in Step 1writing of its desire to submit the matter to an arbitrator; or, at the Association’s option to the County Commissioners. Upon If arbitration is chosen, the referral to Step 2arbitrator shall be selected from a panel of 7 arbitrators provided by the Federal Mediation and Conciliation Service.
H. The decision of the arbitrator, a meeting or if selected of the County Commissioners, shall be final and binding. The decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on the issues submitted.
I. The arbitrator will be held without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this agreement. Nor will the arbitrator, or if selected the County Commissioners, have any power to amend, modify, add or delete provisions of this agreement.
J. The fees and expenses of the arbitrator shall be borne equally by the parties. Costs and fees associated with the City Operations Director use of a court reporter including the copies of transcripts (1 per party and original for arbitrator) shall be shared equally by the parties
K. The time limits specified in the preceding sections may be extended by the mutual agreement of the parties.
L. The Association shall furnish the County with the names of the members of the Association grievance committee.
M. Any employee, informally seeking, or formally filing a request to have his/her representativegrievance reviewed, shall not be discriminated against while doing so or testifying on behalf of another employee or assisting another employee to prepare a grievance report or acting as a representative of any employee requesting a grievance review.
N. For purposes of this Article, the Fire Chief, the grievant(s), and a Union Representative. term “day” means any day Monday through Friday excluding holidays.
O. The City Operations Director shall give the Union the Employer’s Step 2 answer time limits set forth in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days this Article shall be considered waived.
STEP 3strictly construed. If the Association fails to file and/or process the grievance in a timely manner, it shall be conclusively presumed that the grievance is not resolved at Step 2, withdrawn with prejudice or has been satisfied.
P. If the Union may appeal County fails to respond to the grievance to Step 3 by giving written notice of in the appeal to Step 3 time limits established in the preceding sections the matter automatically moves to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tennext step.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE.
A. A 9:01 An employee having a grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application arising out of the specific provisions interpretation, application, administration, or alleged violation of the Collective Agreement., will first take up the grievance within fifteen (15) working days after the occurrence of the matter which is the subject of the grievance with their supervisor who will attempt to adjust it. Step One
B. The process for commencing and resolving grievances 9:02 Failing satisfactory settlement under Article 9:01, the grievor shall be as follows:
STEP 1submit the grievance in writing within fifteen (15) working days of the occurrence of the matter. To initiate a Within ten (10) working days of the submission of the grievance, the designated authority and the grievor shall meet. The grievor, at their option, may be accompanied by a Union representative shallRepresentative. The designated authority shall give their answer in writing, within five (5) working days after the time period specified belowgrievance meeting. For the purpose of this article, inform the Chief definition of “writing” includes written letter, facsimile or his/her designee electronic mail. Step Two
9:03 If the grievance is not settled at Step One, a written grievance may be referred to the Director of Labour Relations or a designate representative of Labour Relations by the Union within five (5) working days of receiving an answer in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy soughtfrom Step One. A meeting shall be held among arranged by the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice Director of grievance must be presented to the Chief within fifteen (15) calendar days Labour Relations or a designated Representative of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter Labour Relations with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), grievor and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by representative of the Union within ten (10) calendar working days of the receipt of the grievance in order to resolve the dispute. The Director of Labour Relations or a designate representative of Labour Relations shall be considered waived.
STEP 3. If give their reply in writing within five (5) working days if the grievance is not resolved settled at Step this meeting. Group Grievance
9:04 Where it appears that two (2) or more employees have the same grievance, the Union may appeal shall process the grievances as one (1) grievance subject to all applicable provisions under the grievance procedure, provided that such grievance shall commence at Step 1. Policy Grievance
9:05 Should any difference arise between the Employer and the Union as to Step 3 by giving written notice the interpretation or alleged violation of the appeal provisions of this Agreement affecting the Union as such, or the employees as a whole, both the Union and the Employer shall have the right to Step 3 file a grievance as outlined in Article 9:04 at Stage 2. This procedure shall not be utilized to the Chair of the City’s Personnel Committee. The referral to Step 3 shall circumvent a grievance which should properly be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenbrought as an individual or group grievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by STEP 1: When an employee against the Employer involving the interpretation or application of the specific provisions of the covered by this Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate , and/or Local 2050, believes there is a grievance, the Union representative shall, within grievance shall be submitted in writing explaining the time period specified below, inform the Chief or his/her designee in writing describing the nature and date of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief of the Department, or his /her designee, within fifteen fourteen (1514) calendar days of the knowledge of the alleged violation of the Labor Agreementits occurrence. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten Within fourteen (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (1014) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2said grievance, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.said
STEP 3. 2: If the grievance is not resolved settled at Step 21, it shall be presented in writing by the Union may appeal with any additional supporting material that has been approved by the Executive Committee, to the Town Manager, within fourteen (14) calendar days. The Town Manager shall give his written answer to the grievance to Step 3 by giving written notice the Union within fourteen (14) calendar days. Should the Town Manager fail to respond within the time period set forth herein, it shall be presumed that the grievance has been denied and the grievance may proceed to the next step. If agreement cannot be reached via the methods set forth in STEPS 1 and 2, Local 2050 may request arbitration of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten grievance in writing no later than fourteen (1014) calendar days following from and after the receipt response of the Employer’s Town Manager is due. Local 2050 and the Town shall attempt to select an arbitrator within fourteen (14) calendar days of the request for Arbitration and if unsuccessful, Local 2050 shall file a demand for Arbitra‐ tion with the American Arbitration Association. The selection of the arbitrator and the conduct of the proceedings shall be governed by the Voluntary Labor Arbitration Rules for the American Arbitration Association. WRITTEN PRESENTATION: All grievances presented in accordance with these procedures shall be submitted in writing explaining the time and date of the grievance, the provision(s) of the agreement, if any, alleged to have been violated and remedy sought. All grievances shall be signed and dated by the duly authorized Union representative. The Fire Chief or the Town Manager may request a meeting with the employee and his /her duly authorized Union representative. A duly authorized member of the Union shall be granted reasonable time off during working hours to investigate and to seek to settle grievances, without loss of pay. TIME LIMITATIONS: Notwithstanding the time limitations set forth in this article, the Town and Union may extend them by mutual written agreement. BINDING EFFECT: The decision of the Arbitrator shall be final Step 2 answer. Within tenand binding upon the parties hereto except that the Arbitrator shall not have the power to add to or subtract from the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A 9.1 Union policy grievances shall commence at Step 2 of the grievance shall be defined as a dispute procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement, or disagreement raised by when an employee against claims that he has been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as followsfollowing manner:
STEP 1. To initiate a grievance, 1 The aggrieved employee or the Union representative shall, within Unit Chair shall present the time period specified below, inform the Chief or his/her designee grievance in writing describing to the nature employee’s Regional Manager within 14 calendar days following the cause of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting grievance must take place within ten (10) days after include all of the grievance is receiveddetails of the cause of the grievance. The Fire Chief’s response(s) shall be provided, Such Regional Manager will render a decision in writing, outlining the reasons for the decision, within ten (10) 14 calendar days following receipt of the meetingwritten grievance.
STEP 2. 2 If the grievance is not resolved through settled at Step 1, the Union Vice-President may appeal the grievance to Step 2 of decision in writing, giving his reasons for the Grievance Procedure by giving written notice of the appeal to Step 2 appeal, to the City’s Operation Director. The referral to Step 2 shall be made in writing to officer designated by the Employer Company, within ten (10) 28 calendar days after following receipt of the Fire Chief’s answer decision rendered in Step 1. Upon Such Company officer will render a decision in writing, giving his reasons for the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing decision within ten (10) 28 calendar days after following receipt of the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedappeal.
STEP 3. 3 If the grievance is not resolved settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 28 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received.
9.1 Upon mutual agreement the parties agree to consider using Labour Canada Mediation services as an option to arbitration.
9.2 The arbitrator’s decision shall be final and bind the Company, the Union, and the employee(s) concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to render any decision incompatible with the provisions of this Agreement, nor to consider any matter not pertaining to the present Agreement.
9.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such a decision was due, except as otherwise provided in Clause 9.4. In the event the Company fails to respond to a grievance within the prescribed time limits, the Union may appeal process the grievance to Step 3 from that point onward in accordance with the procedures herein except that the time limits in respect of that grievance from that point onward shall be directory.
9.4 When a grievance based on a claim for unpaid wages is not progressed by giving written notice the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the appeal Company fails to Step 3 render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement.
9.5 The time limits specified herein may be extended by mutual agreement.
9.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the Chair date that such grievance was first submitted in writing.
9.7 Prior to adjudication or final disposition of the City’s Personnel Committee. The referral to Step 3 a grievance there shall be made within ten (10) calendar days following neither a shutdown by the receipt Company nor a work stoppage by employees.
9.8 All time limit restrictions in Article 6 and Article 9 will be automatically extended between the period of the Employer’s final Step 2 answer. Within tenDecember 22 and January 5 inclusive each year.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section a. The purpose of this article is to provide employees with a fair and expeditious procedure covering all grievances properly grievable under 5 USC 7121.
A. Section b. The parties strongly endorse the concept that grievances should be resolved informally and will always attempt informal resolution at the lowest appropriate level before filing a formal grievance. A reasonable and concerted effort must be made by both parties toward informal resolution.
Section c. Any employee has the right to file a formal grievance shall be defined as a dispute with or disagreement raised by an employee against without the Employer involving the interpretation or application assistance of the specific provisions of the AgreementUnion.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievanceafter the formal grievance is filed, the Union representative shall, within has the time period specified below, inform the Chief right to be present at any discussions or his/her designee in writing describing the nature adjustments of the disputegrievance between the grievant and representatives of the Employer. Although the Union has the right to be present at these discussions, it also has the employee(s) affected, right to elect not to participate;
2. if an employee files a grievance without the contract provision at issue and assistance of the remedy sought. A meeting shall be held among the grievant(s)Union, the Union representative will be given a copy of the grievance within two (2) working days after it is filed. After the Employer gives a written response to the employee, the Employer will provide a copy to the Union within two (2) working days. All responses to grievances will be in writing;
3. the Union has the right to be notified and given an opportunity to be present during any settlement or adjustment of any grievance; and
4. the Fire Chief in attempt Union has the right to resolve the dispute. The written notice file a grievance on behalf of grievance any employee or group of employees.
Section d. Grievances must be presented to the Chief filed within fifteen forty (1540) calendar days of the knowledge date of the alleged violation of the Labor Agreementgrievable occurrence. The Union is encouraged If needed, both parties will devote up to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2forty (40) to the informal resolution process. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 a party becomes aware of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten an alleged grievable event more than forty (1040) calendar days after its occurrence, the grievance must be filed within forty (40) calendar days from the date the party filing the grievance can reasonably be expected to have become aware of the occurrence. A grievance can be filed for violations within the life of this contract, however, where the statutes provide for a longer filing period, then the statutory period would control.
Section e. If a grievance is filed after the applicable deadline, the arbitrator will decide timeliness if raised as a threshold issue.
Section f. Formal grievances must be filed on Bureau of Prisons “Formal Grievance” forms and must be signed by the grievant or the Union. The local Union President is responsible for estimating the number of forms needed and informing the local HRM in a timely manner of this number.
1. when filing a grievance, the grievance will be filed with the Chief Executive Officer of the institution/facility , if the grievance pertains to the action of a n individual for which the Chief Executive Officer of the institution/facility has disciplinary authority over;
2. when filing a grievance against the Chief Executive Officer of an institution/facility, or when filing a grievance against the actions of any manager or supervisor who is not employed at the grievant’s institution/facility, the grievance will be filed with the appropriate Regional Director;
3. when filing a grievance against the actions of an employee, supervisor, or manager supervised by a specific BOP division, the grievance will be filed with the Assistant Director of that division;
4. when filing a grievance against a Regional Director, the grievance will be filed with the Director of the Bureau of Prisons, or designee;
5. in cases of violations occurring at the national level, only the President of the Council of Prison Locals or designee may file such a grievance. This grievance must be filed with the Chief, Labor Relations Office; and
6. grievances filed by the Employer must be filed with a corresponding Union official.
Section g. After a formal grievance is filed, the party receiving the grievance will have thirty (30) calendar days to respond to the grievance.
1. if the final response is not satisfactory to the grieving party and that party desires to proceed to arbitration, the grieving party may submit the grievance to arbitration under Article 32 of this Agreement within thirty (30) calendar days from receipt of the Fire Chieffinal response; and
2. a grievance may only be pursued to arbitration by the Employer or the Union.
Section h. Unless as provided in number two (2) below, the deciding official’s answer decision on disciplinary/adverse actions will be considered as the final response in Step the grievance procedure. The parties are then free to contest the action in one
1. Upon by going directly to arbitration if the referral grieving party agrees that the sole issue to Step be decided by the arbitrator is, “Was the disciplinary/adverse action taken for just and sufficient cause, or if not, what shall be the remedy?”; or
2. through the conventional grievance procedures outlined in Article 31 and 32, a meeting will be held with w here the City Operations Director or grieving party wishes to have the arbitrator decide other issues.
Section i. The employee and his/her representative, the Fire Chief, the grievant(s), and representative will be allowed a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer reasonable amount of official time in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed accordance with Article 11 to assist an employee in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenprocess.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP Step 1. To initiate a Within ten (10) workdays after the act or occurrence that gives rise to the grievance, the Union employee, or the union representative shallon behalf of the employee, within may present the time period specified belowgrievance, inform the Chief or his/her designee in writing describing via hard copy or email, to his or her office director. The grievance must specify the nature term(s) of the disputeAgreement that the employee believes has been violated, date of the violation and the resolution requested by the employee. Within fifteen (15) workdays, the employee(soffice director will meet with the employee, or the union representative on behalf of the employee, or both and take whatever actions are necessary and appropriate to investigate and evaluate the grievance. The office director will provide the employee and the union representative with a written response, via hard copy and email, to the grievance within seven (7) affectedworkdays after the grievance meeting has been held. Resolution at Step 1 will not be binding on future grievances and will not constitute precedent or practice.
Step 2. Within seven (7) workdays after the office director in Step 1 has informed the employee of his or her decision, and if the employee is not satisfied with the Step 1 decision, the contract provision at issue and employee, or the remedy sought. A meeting shall be held among union representative on behalf of the grievant(s)employee, may present the Union representative and grievance to the Fire Chief in attempt to resolve the disputeExecutive Director. The written notice of grievance must be presented to in writing via hard copy or email. The grievance must specify the Chief within term(s) of the Agreement that the employee believes has been violated, date of the violation and the resolution requested by the employee. Within fifteen (15) calendar days workdays of having been presented with the grievance, the Executive Director or Executive Director’s designee will meet with the employee, or the union representative on behalf of the knowledge of employee, or both, and take whatever actions are necessary and appropriate to investigate and evaluate the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place Step 2 grievance will not be evaluated as an appeal. The Executive Director will determine the grievance on a de novo basis. The Executive Director will provide a decision to the employee and the union representative in writing within ten twenty (1020) days workdays after the grievance is receivedmeeting has been held. The Fire ChiefExecutive Director’s response(s) shall determination will be providedfinal and binding and may be cited as precedent in future grievances involving the same facts and issue(s), in writing, within ten (10) calendar days of the meeting.
STEP 2. If unless the grievance is not resolved through Step 1, the Union may appeal the grievance submitted to a Grievance Appeal Committee pursuant to Step 2 of the Grievance Procedure by giving written notice of the appeal 3 or submitted to arbitration pursuant to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived4.
STEP Step 3. If the grievance is not resolved by the Executive Director to the satisfaction of the employee at Step 2, it may be appealed by the Union may appeal Union, through a hard-copy or email written demand made within twenty (20) workdays of receipt of the grievance Step 2 decision, to either a Grievance Appeal Committee under this Step (Step 3) or an arbitrator under Step 4. Parties are encouraged to utilize the process in Step 3 in order to provide for a more timely and efficient decision informed by giving written notice fellow Legislative Council employees, but may file directly to arbitration (Step 4) if they do not wish to utilize the Grievance Appeal Committee (Step 3). The members of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall Grievance Appeal Committee will be made selected within ten (10) calendar work days following the of receipt of the Employerappeal and will be comprised of three (3) representatives from management (appointed by the Union and to include the HR Director; not to include the Executive Director) and three (3) MSEA members in this unit (appointed by the Executive Director or member of management on behalf of the Executive Director and to include an MSEA xxxxxxx). Time served on the Grievance Appeal Committee will be paid time and the committee members shall maintain the confidentiality of the grievant(s) and the proceedings. A hearing will be scheduled within the following forty-five (45) workdays. The parties may mutually agree to extend. During the hearing of the appeal by the Grievance Appeal Committee, both the grievant(s) and the office director will be able to present their case. The Grievance Appeal Committee will make a ruling and notify the parties involved, in writing, within twenty (20) workdays of the hearing. The Grievance Appeal Committee’s determination will be final unless the grievance is submitted to arbitration after receipt of the Step 3 decision, pursuant to Step 4. A grievant’s decision to utilize Step 3 does not preclude their ability to pursue arbitration under Step 4.
Step 4. If the grievance is not resolved to the satisfaction of the grievant(s) at either Step 2 answeror Step 3, it may be appealed by the Union, through a written demand via hardcopy or email made within twenty (20) work days of receipt of the Step 2 or Step 3 decision, to an arbitrator who has been agreed upon by the Union and the Legislative Council to hear disputes subject to arbitration under this Agreement. Within tenA copy of the request for arbitration will be sent simultaneously to the Executive Director.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. It is mutually understood that prompt presentation, adjustment and/or answering of grievances is desirable in the interest of sound relations between the employees and the Employer.
A. Section 2. Parties agree that the FOP/OLC grievance form will be used for any grievance filed.
Section 3. A grievance shall be defined as is a dispute or disagreement raised by an employee against difference between the Employer involving and the Union, or between the Employer and an employee, concerning the interpretation or and/or application of and/or compliance with any provision of this Agreement including all disciplinary action. A grievance may be initiated at the specific provisions of step in which the Agreement.
B. The process for commencing and resolving grievances grievance originated. When any such grievance arises, the following procedure shall be as followsobserved:
STEP Step 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. : A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to filed with the Chief immediate supervisor within fifteen fourteen (1514) calendar days of the knowledge of the alleged violation of the Labor this Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten Within fourteen (1014) calendar days after the grievance is receivedfiling of the grievance, a meeting will be held among the appropriate management representative, the aggrieved employee(s), and if the employee(s) so elect(s), a representative of the Union. The Fire Chief’s response(s) shall be provided, in writing, within ten Within seven (107) calendar days of this meeting, the meetingmanagement representative shall issue a written answer to the grievance.
STEP Step 2. : If the grievance is not resolved through satisfactorily settled in Step 1, the employee and/or the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 1 answer to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer Chief of Police or his designated representative within ten fourteen (1014) calendar days after receipt of the Fire Chief’s answer Step 1 response. Such appeal shall be in writing and include a copy of the original grievance. The Chief of Police or his designated representative shall schedule a grievance meeting with the employee(s) and if the employee(s) so elect(s), a representative of the Union, within fourteen (14) calendar days after receipt of the appeal and shall issue a written decision to the aggrieved member within seven (7) calendar days after the end of the meeting.
Step 1. Upon 3: If the referral to grievance is not satisfactorily settled in Step 2, a meeting will be held the aggrieved member and/or the Union may file an appeal with the Mayor of the City Operations Director or his/her representative, the Fire Chief, Mayor's designated representative within fourteen (14) calendar days after the grievant(sreceipt of the Step 2 decision. Such appeal shall be in writing and shall include a copy of the original grievance. The Mayor or his designated representative shall schedule a grievance meeting with the employee(s) and if the employee(s) so elect(s), and a Union Representativerepresentative of the Union, within fourteen (14) calendar days after receipt of the appeal. The City Operations Director Mayor or his designated representative shall give the Union the Employer’s Step 2 answer reply in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice end of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenmeeting.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A 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 defined 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 dispute or disagreement raised by an employee against Union representative has been given opportunity to be present at such adjustment.
Section 2. The Company and the Employer involving Union agree that grievances shall be confined to differences arising out of the interpretation or application of the specific 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.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate Agreement allegedly violated, delivered by a grievance, the Union representative shallto the designated Company representative in accordance with Section 3. following, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen thirty (1530) calendar days of the knowledge of the alleged violation of the Labor Agreementaction complained of.
Section 3. The Union is encouraged to discuss the matter formal grievance procedure shall consist of (3) successive steps. Notice of grievance and appeals of decision shall be forwarded in accordance with the Chief prior to filing a grievance. following: The meeting must take place within ten designated first level manager (10) days after the grievance is received. The Fire Chief’s response(ssupervisor) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, contact the Union may appeal the grievance to Step 2 representative within seven (7) workdays of the Grievance Procedure by giving receipt of written notice of the appeal to Step 2 to grievance for the City’s Operation Directorpurpose of setting a mutually agreeable meeting date and location. The referral to Step 2 shall be made in writing to the Employer within ten designated first level manager (10supervisor) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, will provide a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer decision in writing within ten (10) calendar days workdays after completion of the Step 2 meeting. Any grievance not appealed in writing to Step 2 meeting(s) unless mutually agreed otherwise by the Union parties. If the Company fails to offer a meeting date which is within ten fourteen (1014) calendar days shall be considered waived.
STEP 3. If of receipt of the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal grievance and no mutual agreement has been reached by the parties to Step 3 extend the timeframe, the grievance may be advanced to the Chair of second step at the CityUnion’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenoption.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE.
A. A grievance is an unsettled complaint by a teacher, group of teachers, or the Union alleging that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the Board relating to wages, hours or terms and conditions of employment.
1. The grievance procedure shall 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 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 defined as made the subject of a dispute or disagreement raised by grievance.
3. If an employee against elects to process a discharge through the Employer involving Tenure Commission, such employee shall be stopped from access to the interpretation or application of grievance procedure for such discharge.
4. A grievance must be filed within nine months following the specific provisions of incident giving rise to the Agreementgrievance.
B. The process for commencing If the Building Liaison Board and resolving grievances the District-Wide Liaison Board are unable to resolve the issue 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 as follows:made available to each Building Representative. A copy of the grievance form shall be delivered to the principal or supervisor. (See Article II, Section 4, Part a. page 2)
STEP 1. To initiate C. If a grievance involves more than one school building, it may be filed with the Superintendent or a representative designated by the Superintendent.
D. Within three (3) school days or three (3) calendar weeks, whichever is earlier, after receipt of the grievance, the principal or supervisor shall meet with the Union representative shall, within Grievance Committee in an effort to resolve the time period specified below, inform the Chief grievance. The principal or supervisor shall indicate his/her designee disposition of the grievance in writing describing and the nature supporting reasons therefore, within three (3) days of such meeting and shall furnish a copy thereof to the Union.
E. Within twenty (20) school days or four (4) calendar weeks, whichever is earlier, after the delivery of the disputedecision, the employee(sgrievance may be appealed to the Superintendent.
F. Within ten (10) affectedschool days or three (3) calendar weeks, whichever is earlier, after delivery of the decision, the contract provision at issue Superintendent or his designee shall meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the remedy soughtgrievance in writing, along with the reasons there- fore, and shall furnish a copy thereof to the Union.
G. Within ten (10) school 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. A meeting At such hearing, the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing including witnesses shall be held among given at least three (3) days notice of the grievant(s)hearing.
I. Within seven (7) days after this hearing, the Union representative and the Fire Chief Board shall communicate its decision in attempt to resolve the dispute. The written notice of grievance must be presented writing, together with supporting reasons, to the Chief within fifteen principal, the Superintendent, the Union, Counsel for the Union (15if any) calendar days of and to the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within aggrieved.
J. Within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days receipt of the meeting.
STEP 2. If decision of the grievance is not resolved through Step 1Board, the Union may appeal the grievance decision to Step 2 binding arbitration under the auspices and rules of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedAmerican Arbitration Association.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE.
A. A a) Should any employee covered by this agreement feel that the employee has a grievance shall be defined as a dispute or disagreement raised by an employee against with respect to the Employer involving the meaning, interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor provisions of this Agreement. The Union is encouraged to discuss , or that the employee has been unjustly dealt with in respect thereof, the employee may deal with the matter in the following manner: In the case of discipline, an appeal in writing may be made, commencing with Step 2 of the Chief prior grievance procedure, within 60 calendar days from the date the employee is advised of such decision.
Step 1 The employee or the Local Chairperson may, within 30 calendar days from the date of the alleged grievance progress the matter to filing the designated Company Officer, giving his reasons for the appeal in writing. If progressed by the employee, the employee will provide the Local Chairperson with a copy of the grievance. The meeting must take place designated Company Officer, shall within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) 30 calendar days from date of receipt of the meetinggrievance, have a formal consultation with the Local Chairperson pertaining to the grievance. Following the consultation, the designated Company Officer will render a decision in writing within the aforementioned 30 days.
STEP 2. Step 2 If the grievance is not resolved through settled at Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer General Chairperson may, within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) 60 calendar days following the receipt of the Employer’s final decision rendered in Step 2 answer1, submit the grievance in writing to the Senior Transportation Officer, outlining all pertinent details and the date of the grievance. Within ten30 calendar days of receipt of the grievance, the Senior Transportation Officer and the General Chairperson shall enter into and have concluded formal consultation pertaining to the grievance. A written decision shall be rendered by the Senior Transportation Officer within 60 calendar days of receipt of the grievance.
b) If the grievance is not settled at Step 1 and the aggrieved employee refers it to the Union to be progressed further, the employee shall not take up the case again with any Officer of the Company; otherwise the case will be dropped by the Union.
c) When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate Officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the date the last such decision was due, except as otherwise provided in Article 32.2(e) below.
d) When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate Officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this Article shall not constitute an interpretation of the Agreement.
e) The time limits as provided herein may be extended by mutual agreement.
f) Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing.
g) Prior to adjudication or final disposition of a grievance there shall be neither a shutdown by the Company nor a work stoppage by the employees.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised any claim by an employee against the Employer involving the interpretation employee, or application group of employees that a specified provision of the specific provisions Agreement has been violated. Time limits are days when the District Office is officially open for business. The parties acknowledge that an employee may resolve problems through free and informal communications provided the adjustment is consistent with the terms of the this Agreement.
B. The process for commencing and resolving grievances . A grievance shall be processed as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting Step 1- The grievant shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the disputegrievance by oral discussion with his or her immediate supervisor or principal if applicable. The written notice of grievance Grievances must be presented to the Chief filed within fifteen (15) calendar days of the knowledge act or events that are alleged to violate the contract. Failure to file the grievance within the time limits shall bar the processing of the alleged violation of grievance.
Step 2- If a settlement cannot be reached within ten (10) days after the Labor Agreement. The Union is encouraged discussion in Step 1, the grievant may present the grievance in writing to discuss the matter with the Chief prior Superintendent, who will arrange for a meeting to filing a grievance. The meeting must take place within ten (10) days after receipt of the grievance is receivedgrievance. The Fire Chief’s response(sgrievance must identify the section(s) shall be provided, in writing, within of the contract that are alleged to have been violated and the events/actions that are alleged to have violated the specified sections. Within ten (10) calendar days of the meeting, the Superintendent shall provide the grievant and Association with a written decision including reasons for the decisions.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. 3- If the grievance is not resolved at Step 2, then the Union grievant may appeal refer the grievance to Step 3 by giving written notice the Board of the appeal to Step 3 to the Chair of the City’s Personnel CommitteeEducation for a hearing at its next regularly scheduled meeting. The referral to Step 3 shall be made within Within ten (10) calendar days following the receipt of the Employer’s meeting, the Board shall provide the grievant and Association with a written decision including reasons for the decision.
Step 4- If the grievance is not resolved at Step 3, the Association may submit the grievance to final Step 2 answerand binding arbitration under the American Arbitration Association rules and procedures. Within tenThe parties shall share arbitrator fees and expenses equally. Time limits may be extended by mutual agreement. An employee may be represented by an Association representative at any step in procedure, including informal communication. A grievance may be withdrawn at any step.
Appears in 2 contracts
Samples: Basic Agreement, Basic Agreement
GRIEVANCE PROCEDURE. 6.1 Any dispute between the City and the Union or between the City and any employee covered by this Agreement concerning the interpretation, application, claim of breach or violation of the express terms of this Agreement shall be deemed a grievance. The following outline of procedure is written as for a grievance of the Union against the City, but it is understood the steps are similar for a grievance of the City against the Union.
A. 6.1.1 Reclassification grievances shall be processed per Section 6.9.
6.2 Every effort will be made to settle grievances at the lowest possible level of supervision with the understanding grievances will be filed at the step in which there is authority to adjudicate, provided the immediate supervisor is notified. Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievance.
6.3 Grievances processed through Step 3 of the grievance procedure shall be heard during normal City working hours unless stipulated otherwise by the parties. Employees involved in such grievance meetings during their normal City working hours shall be allowed to do so without suffering a loss in pay. No more than one (1) shop xxxxxxx, other than the grievant, shall attend the grievance meeting, except through prior approval of the City official convening the meeting.
6.4 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Failure by an employee and/or the Union to comply with any time limitation of the procedure in this Article shall constitute withdrawal of the grievance. Failure by the City to comply with any time limitation of the procedure in this Article shall allow the Union and/or the employee to proceed to the next step without waiting for the City to reply at the previous step, except that employees may not process a grievance beyond Step 3.
6.5 A grievance in the interest of a majority of the employees in a bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the grievance procedure and be processed within the time limits set forth herein. As a means of facilitating settlement of a grievance, either party may by mutual consent include an additional member on its committee.
6.6 A grievance shall be defined as a dispute processed in accordance with the following procedure:
Step 1 - A grievance shall be submitted in writing by the aggrieved employee or disagreement raised by an the employee against the Employer involving the interpretation or application and/or Shop Xxxxxxx within twenty (20) business days of the specific provisions alleged contract violation to the employee's immediate supervisor. The grievance shall include a description of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue incident and the remedy soughtdate it occurred. A The immediate supervisor should consult and/or arrange a meeting shall be held among the grievant(s)with their supervisor(s) if necessary, the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after parties agree to make every effort to settle the grievance is receivedat this stage promptly. The Fire Chief’s response(simmediate supervisor(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If answer the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar business days after being notified of the grievance.
Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. - If the grievance is not resolved as provided in Step 1 above, or if the grievance is initially submitted at Step 22 per Section 6.2, it shall be reduced to written form, citing the Section(s) of the Agreement allegedly violated, the Union may appeal nature of the alleged violation and the remedy sought. The Executive Director or their designee and/or aggrieved employee shall then forward the written grievance to Step 3 by giving written notice of the appeal to Step 3 division head with a copy to the Chair City Director of the City’s Personnel Committee. The referral to Step 3 shall be made Labor Relations within ten (10) calendar business days following after the receipt of the Employer’s final Step 2 1 answer. Within ten.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance Should any dispute arise between the Company and the Employees or the Company and the Association as to the interpretation, application or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a “working day” shall be defined as a dispute or disagreement raised by an 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 against are responsible to ensure that the Employer involving grievance procedure moves forward. Should responses not occur within the interpretation or application timeframes, the employee and/or the Association Representative can seek assistance from the Human Resource Manager.
Step 1 Within three (3) days of the specific provisions occurrence of the Agreementdifference, 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 employee at this stage in the procedure. If the matter is not resolved within three (3) 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.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance Grievances must be presented submitted to the Chief Arbitrator within fifteen (15) calendar days of the knowledge completion of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 3 of the Grievance Procedure Procedure.
2. Each grievance will be heard by giving written notice of the appeal to Step 2 to the City’s Operation Directora single independent Arbitrator.
3. The referral to Step 2 single Arbitrator will be chosen from the following list: Xxxxx Xxxxx Xxxxx XxXxxxxxxx Xxxx Xxxxxx.
4. The appointed Arbitrator can only apply the agreement, they cannot add/amend anything in the agreement.
5. During Arbitration, you may be accompanied by and represented by an Association Representative, if one is unavailable, any fellow employee.
6. The Company will pay the Arbitrator’s expenses.
7. The Arbitrator’s decision shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), final and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedbinding.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Wage and Working Agreement, Wage and Working Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised any claim by an employee against the Employer involving the interpretation employee, or application group of employees that a specified provision of the specific provisions Agreement has been violated. Time limits are days when the District Office is officially open for business. The parties acknowledge that an employee may resolve problems through free and informal communications provided the adjustment is consistent with the terms of the this Agreement.
B. The process for commencing and resolving grievances . A grievance shall be processed as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting Step 1- The grievant shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the disputegrievance by oral discussion with his or her immediate supervisor or principal if applicable. The written notice of grievance Grievances must be presented to the Chief filed within fifteen (15) calendar days of the knowledge act or events that are alleged to violate the contract. Failure to file the grievance within the time limits shall bar the processing of the alleged violation grievance. Within ten (10) business days of the Labor Agreement. The Union is encouraged meeting, the immediate supervisor or principal shall provide the grievant and Association with a written decision including reasons for the decision.
Step 2- If a settlement cannot be reached within ten (10) days after the discussion in Step 1, the grievant may present the grievance in writing to discuss the matter with the Chief prior Superintendent, who will arrange for a meeting to filing a grievance. The meeting must take place within ten (10) days after receipt of the grievance is receivedgrievance. The Fire Chief’s response(sgrievance must identify the section(s) shall be provided, in writing, within of the contract that are alleged to have been violated and the events/actions that are alleged to have violated the specified sections. Within ten (10) calendar days of the meeting, the Superintendent shall provide the grievant and Association with a written decision including reasons for the decisions.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. 3- If the grievance is not resolved at Step 2, then the Union grievant may appeal refer the grievance to Step 3 by giving written notice the Board of the appeal to Step 3 to the Chair of the City’s Personnel CommitteeEducation for a hearing at its next regularly scheduled meeting. The referral to Step 3 shall be made within Within ten (10) calendar days following the receipt of the Employer’s meeting, the Board shall provide the grievant and Association with a written decision including reasons for the decision.
Step 4- If the grievance is not resolved at Step 3, the Association may submit the grievance to final Step 2 answerand binding arbitration under the American Arbitration Association rules and procedures. Within tenThe parties shall share arbitrator fees and expenses equally. Time limits may be extended by mutual agreement. An employee may be represented by an Association representative at any step in procedure, including informal communication. A grievance may be withdrawn at any step.
Appears in 2 contracts
Samples: Basic Agreement, Basic Agreement
GRIEVANCE PROCEDURE.
A. A grievance is an unsettled complaint by a teacher, group of teachers, or the Union alleging that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the Board relating to wages, hours or terms and conditions of employment.
1. The grievance procedure shall 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 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 defined as made the subject of a dispute or disagreement raised by grievance.
3. If an employee against elects to process a discharge through the Employer involving Tenure Commission, such employee shall be stopped from access to the interpretation or application of grievance procedure for such discharge.
4. A grievance must be filed within nine months following the specific provisions of incident giving rise to the Agreementgrievance.
B. The process for commencing If the Building Liaison Board and resolving grievances the District-Wide Liaison Board are unable to resolve the issue within twenty (20) school days, a formal grievance may be filed within five (5) school days on the form set forth in Schedule C, annexed hereto, and signed by the grievant and Union representative, which form shall be as follows:made available to each Building Representative. A copy of the grievance form shall be delivered to the principal or supervisor. (See Article II, Section 4, Part a. page 2)
STEP 1. To initiate C. If a grievance involves more than one school building, it may be filed with the Superintendent or a representative designated by the Superintendent.
D. Within three (3) school days or three (3) calendar weeks, whichever is earlier, after receipt of the grievance, the principal or supervisor shall meet with the Union representative shall, within Grievance Committee in an effort to resolve the time period specified below, inform the Chief grievance. The principal or supervisor shall indicate his/her designee disposition of the grievance in writing describing and the nature supporting reasons therefore, within three (3) days of such meeting and shall furnish a copy thereof to the Union.
E. Within twenty (20) school days or four (4) calendar weeks, whichever is earlier, after the delivery of the disputedecision, the employee(sgrievance may be appealed to the Superintendent.
F. Within ten (10) affectedschool days or three (3) calendar weeks, whichever is earlier, after delivery of the decision, the contract provision at issue Superintendent or his designee shall meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the remedy soughtgrievance in writing, along with the reasons therefore, and shall furnish a copy thereof to the Union.
G. Within ten (10) school 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. A meeting At such hearing, the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing including witnesses shall be held among given at least three (3) days notice of the grievant(s)hearing.
I. Within seven (7) days after this hearing, the Union representative and the Fire Chief Board shall communicate its decision in attempt to resolve the dispute. The written notice of grievance must be presented writing, together with supporting reasons, to the Chief within fifteen principal, the Superintendent, the Union, Counsel for the Union (15if any) calendar days of and to the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within aggrieved.
J. Within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days receipt of the meeting.
STEP 2. If decision of the grievance is not resolved through Step 1Board, the Union may appeal the grievance decision to Step 2 binding arbitration under the auspices and rules of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedAmerican Arbitration Association.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving 7.02.1 All grievances shall be as followsdealt with in the following manner:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. a. The Union is encouraged to discuss the matter will file a written Notice of Grievance with the Chief prior to filing a grievance. The meeting must take place Employer’s Representative within ten (10) business days after of the date the incident first occurred, except for a grievance is received. The Fire Chief’s response(sfiled under Article 25 (Health and Safety) shall be providedin which case the Union will have fifteen (15) business days or Article 4 (Harassment), in writing, which case the Union will have thirty (30) business days.
b. The Employer’s Representative will provide the Union with a written response to the Notice of Grievance within ten (10) calendar days business days.
c. The Union will seek to settle the dispute with the Employer’s Representative or appointed designate from the Staff Relations Committee to the satisfaction of the Union, which may include a meeting. The Griever has the right to be present at this step. Where the Employer’s Representative appoints a designate from the SRC, the designate’s name and email contact information must be provided to the Union immediately. It is understood that the designate will be the Union’s point of contact for the grievance going forward.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal d. Failing resolution of the grievance to Step 2 the mutual satisfaction of the Grievance Procedure by giving written notice Union and the Employer, either may request an escalation of the appeal resolution process to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer Two within ten (10) calendar business days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union issuance of the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 response.
e. Should no further request or response be brought forward by the Union within ten (10) calendar days shall of the Employer’s response being issued or a meeting taking place, the matter will be considered waivedto be resolved to the mutual satisfaction of the parties, and no further action will be expected or required.
STEP 3. If a. Failing resolution of the grievance is not resolved at under Step 2One, the Union may appeal shall request a meeting between the grievance Union and the Employer’s Representative or appointed designate from the Staff Relations Committee to Step 3 by giving written notice of attempt to resolve the appeal to Step 3 to the Chair of the City’s Personnel Committeematter. The referral to Step 3 shall be made within This meeting will occur no later than ten (10) calendar business days following the receipt request.
b. Failing resolution of the grievance to the mutual satisfaction of the Union and the Employer’s final , either may request an escalation of the resolution process to Step 2 answerThree after ten (10) business days following the last meeting attended by all parties.
c. Should no further request or response be brought forward by the Union within sixty (60) days following the last meeting attended by all parties, the matter will be considered to be resolved to the mutual satisfaction of the parties, and no further action will be expected or required. Within tenFailing resolution of the grievance under Step Two, the grievance will be resolved through the arbitration process as defined under Article 8.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
A. A) The term grievance shall mean a dispute between the City and the Union regarding the interpretation and application of the clauses of this collective bargaining agreement. A grievance shall only contain articles within the contract.
B) When a grievance or dispute arises in any department, an honest effort shall be defined as a made to settle the issue in the following manner:
1) Between the aggrieved employee, the xxxxxxx and the supervisor.
2) Between the xxxxxxx and the City Manager’s designee.
3) Between the grievance committee and the City Manager’s designee.
4) The Union President and/or International Representative may attend at any step of this grievance procedure.
C) An employee must make known his grievance at step (1) within five days of the alleged dispute or disagreement raised by an controversy. The supervisor will give the employee against filing the Employer involving grievance a written answer within five days. If it is not settled to the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievanceemployee's satisfaction, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented carried to the Chief step (2) within fifteen (15) calendar five days of (1). If a solution has not been reached after step (2) then the knowledge of grievance must be brought to step (3) within ten days after (2).
D) If the alleged violation of employee or Union fails to file the Labor Agreement. The Union grievance or appeal it within these time limits, the City is encouraged under no obligation to discuss the matter with grievance, but may do so at its prerogative. These time limits may be changed by mutual consent of both parties.
E) The grievance automatically proceeds to the Chief prior next step should the City fail to filing answer at the previous step. No employee shall lose pay because of attendance at grievance meetings.
F) The time limits specified in the grievance procedures shall exclude Saturdays, Sundays and observed holidays.
G) Any employee suspended or discharged will be notified in writing as to the reason for the action taken by the supervisor concerned at the time of the incident, or promptly after such disciplinary action is taken, not to exceed 72 hours.
H) A copy of the discipline will be given to the Xxxxxxx and the Local Union President at the earliest time following the employee being notified or in the presence of the employee at the time of discipline not to exceed 48 hours.
I) An employee's discipline record will be removed after: • 12 months verbal warning • 15 months for written warnings • 18 months for suspension
1) Notice of arbitration must be served in writing to the City Manager’s designee within 14 calendar days after his final written answer has been received. The notice of arbitration shall clearly state the issue of dispute to be arbitrated and the articles of the agreement alleged to be violated.
2) A list of five (5) arbitrators shall be requested from the Iowa Public Employee Relations Board (P.E.R.B.). Either party may refuse one list before striking of names begins. The parties shall determine by lot which shall take the first strike. The City and the Union shall continue striking names until one is left. He shall be the sole arbitrator.
3) For disciplinary grievances in which the discipline is a ten day suspension or less, job classifications and language interpretation grievances the parties shall utilize a mediator/arbitrator form of resolution. This form of grievance resolution shall permit the mediator/arbitrator to first attempt to mediate the grievance. The meeting must take place within If unsuccessful in the mediation process, the mediator/arbitrator shall issue a final and binding ruling at that time that will be without precedence. For disciplinary grievances in which the discipline is greater than a ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, day suspension up to termination the Union may appeal begin with the 3rd step of the grievance process.
4) The arbitrator shall not have the power to Step 2 modify, add to or detract from any part of this agreement, but shall only interpret or determine compliance with the Grievance Procedure articles of this agreement. A decision by giving written notice of the appeal to Step 2 arbitrator shall be binding upon both parties. The arbitrator shall attempt, to the City’s Operation Director. The referral best of their ability, to Step 2 shall be made in writing deliver to both the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with Union and the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer his decision in writing within ten thirty (1030) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 such arbitration hearing.
5) The fees and costs, if any, shall be shared equally by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of and the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance All questions, disputes and controversies arising under this Agreement or any supplement hereto shall be defined adjusted and settled within the terms and conditions as set forth in this Agreement in the manner provided by this Article, unless otherwise expressly provided in this Agreement, the procedure for such adjustment and settlement shall be as follows: No employee will have a dispute or disagreement raised grievance until the employee has discussed the complaint with their on duty Supervisor. An employee covered by this Agreement may informally discuss a problem with their Supervisor at any time. Nothing in this Agreement shall prevent an employee against from resolving any problem consistent with this Agreement and the Employer involving law, with or without the interpretation or application presence of a Union Representative. The resolution of a problem reached by the specific provisions of employer and an employee shall not be binding on the Agreement.
B. The process for commencing and resolving grievances shall Union. If the employer does not promptly settle the matter to the employee’s satisfaction; an employee’s proper grievance may be processed as follows:
STEP 1: Any grievance of an employee shall first be taken up between such employee and the Company supervisor as noted above.
a) Termination or layoff - seven (7) days.
b) All others - ten (10) days. To initiate However, such employee will be entitled to representation by a grievanceShop Xxxxxxx or a Union representative.
STEP 2: Failing settlement under Step 1 such Grievance shall be reduced in writing and taken up between a representative of the Local Union or Shop Xxxxxxx and the Resident Manager. Step 2 must be completed within five (5) working days from the completion of Step 1.
STEP 3: Failing settlement under Step 2, such Grievance and any question, dispute or controversy that is not of a kind that is subject to Steps 1 and 2, the Union representative shall, within the time period specified below, inform the Chief or his/her designee grieving Party shall reduce their Grievance in writing describing and it will be referred to and taken up between the nature Secretary or other bargaining representative of the dispute, the employee(s) affected, the contract provision at issue Union and the remedy sought. A meeting shall be held among Manager authorized by the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days President of the knowledge of the alleged violation of the Labor AgreementCompany. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting Such referral must take place within ten five (105) working days after from the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days completion of the meetingStep 2.
STEP 24: The Parties may elect by mutual agreement to convene the Canadian Joint Grievance Panel (C.J.G.P.) to render a decision. If The Parties agree that such decision will be binding however will not set precedent in any future grievances regarding the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 same issue. The cost of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 Panel Hearing shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedshared equally between Parties.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall Step One. The parties agree that all complaints and grievances should be defined as a dispute or disagreement raised by an resolved, whenever possible, with the immediate supervisor and the employee against involved. It is the Employer involving the interpretation or application intent and purpose of the specific provisions parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or issue should contact the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, appropriate supervisor within five (5) business days after the Union representative shall, within the time period specified below, inform the Chief employee had knowledge or his/her designee in writing describing the nature should of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the have knowledge of the alleged violation occurrence in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue. The employee may have his/her Union Business Representative and Chief Xxxxxxx and a Xxxxxxx and a Union Official and any witnesses deemed necessary by the union who will give first hand testimony present if desired. The Company shall inform the employee of the Labor Agreement. The right to have a Union is encouraged to discuss the matter with the Chief Representative present prior to filing the start of any investigation meeting that could lead to discipline, however no settlement shall be made without the presence of a grievanceUnion Official or Chief Xxxxxxx / Xxxxxxx. The meeting must take place within ten (10) days after Any grievance settlements at Step One of the grievance is receivedprocess, whether by concession, withdrawal. The Fire Chief’s response(s) settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall be providednot constitute a precedent binding the Company or the Union, unless the parties agree, in writing, within ten (10) calendar days of the meeting.
STEP 2writing that such settlement shall set a precedent binding on future grievances. Step Two If the grievance is not resolved through satisfactorily settled as outlined in Step one (1), a written grievance may then be presented to the Branch Manager or his designated representative no later than five (5) working days after receipt by the Union Assigned Business Representative and/or Union Official of the decision rendered in Step One (1) hereof. The Branch Manager and/or designated company representatives shall meet with the Union Business Representative and Chief Xxxxxxx and Grievant and Stewards and a Union Official and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter and render a written decision thereon within five (5) working days after said meeting/appeal. If a settlement is reached, it will be reduced to written form and the matter shall be considered closed. If the Branch Manager fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step two of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. Step Three If not satisfactorily settled as outlined in Step Two (2) above, the written grievance may then be presented to the Director of Maintenance or Business Manager no later than five (5) working days after receipt by the Union Assigned Union Business Representative and/or Union Official of the decision rendered in Step two (2) hereof. The Director of Maintenance and/or Business Manager and/or designated company representatives shall meet with the Union Business Representative and Chief Xxxxxxx and Grievant and Stewards and Union Officials and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter and render a written decision thereon within five (5) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Director of Maintenance or Business Manager fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. If the parties fail to resolve the grievance as outlined in Step Three, the Union may appeal the grievance to arbitration within thirty (30) days after written decision of step three. Grievances arising out of a suspension without pay or a discharge shall be submitted directly to Step three described in Section 2 herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Director of Maintenance or Business Manager within five (5) working days of the Grievance Procedure by giving written notice effective date of the appeal to Step 2 action. If a written grievance is not submitted to the City’s Operation DirectorDirector ofMaintenance or Business Manager within five (5) working days of the effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. Such failure to act timely shall not set a precedent binding upon the Union or the Company for future grievances. It is understood that a Union Official or Chief Xxxxxxx may file grievances on behalf of the Union's interest under this agreement. Therefore, if a grievance pertains to the Company's interpretation of the intent and purpose of the application of a specific article and section of this agreement that has wide bargaining unit effect, the grievance may be filed by a Union Official on behalf of the Union. Further, if a grievance relates to policy and affects numerous employees, the grievance shall be consolidated and filed by the Chief Xxxxxxx on behalf of the group of employees
(A) If the two parties' representatives are unable to reach a settlement; either party may request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service within thirty (30) days of the written decision and notify the other party of such request. The referral to Step 2 request shall be made for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.
(B) It is understood that the time limits specified herein may be extended by mutual written agreement of the parties.
(C) The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employee's in order to eliminate the need for multiple filings of grievances. If no other Agreement on this issue is reached, either party may request an Arbitrator to combine the grievances and the Arbitrator's decision is final.
(D) The Company and the Union may mutually agree in writing to the Employer within ten (10) calendar days after receipt waive any prior step of the Fire Chief’s answer in Step 1. Upon the referral grievance procedure and proceed directly to Step 2three of the grievance procedure as it is described in Section 2 of this section.
(E) The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a meeting will be held with grievance, complaint, or dispute if in the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give judgment of the Union such grievance or dispute lacks merit or justification under the Employer’s Step 2 answer in writing within ten (10) calendar days after terms and conditions of this Agreement, or has been adjusted or justified under the Step 2 meeting. Any grievance not appealed in writing terms of the Agreement to Step 2 by the Union within ten (10) calendar days shall be considered waivedsatisfaction of the Union.
STEP 3. If (F) It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in Steps Two and Three of the grievance is not resolved at Step 2procedure, the Union may appeal forward the grievance unsigned.
(G) No employee shall be discharged, suspended or otherwise disciplined without just or sufficient cause. Any employee, who had been discharged, or suspended, shall be granted an interview with his Union Official before he/she is required to Step 3 by giving written notice leave the premises when practical. In all cases involving discharge, demotion or other discipline, the employee involvedandthe Union Official shall be notified in writing of the appeal to Step 3 to action and the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenreason for such action.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. The purpose of this grievance procedure is to provide a means by which certain disputes may be resolved in an equitable and efficient manner. A grievance is a claim by an employee covered hereby that an express term of this Agreement has been violated by the District, and that because of such violation his or her rights have been affected. A grievance shall be defined as not include any claims or requests to challenge, change, amend or add to existing policy, rules or regulations, or to adopt or negotiate new policies, rules or regulations. A grievance also shall not include any employer-employee relations matters for which a dispute or disagreement raised different method of review is specifically provided by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreementlaw.
B. The process for commencing and resolving grievances Should a grievance arise, it shall be as followshandled in the following manner:
STEP 1. To initiate a An employee’s grievance must be submitted in writing to the employee’s immediate supervisor within fifteen (15) working days after the date of the act or omission giving rise to the grievance, or within fifteen (15) working days after the Union representative shall, within date on which the time period specified below, inform the Chief or his/her designee in writing describing the nature grievant should have known of the disputeact or omission giving rise to the grievance.
2. Any written grievance shall be signed by the grievant and shall state the circumstance on which the grievance is based, the employee(s) affecteddate of occurrence, the contract provision at issue identity of the employee or employees who claim to be aggrieved, the specific sections and terms of this Agreement allegedly violated, and the remedy sought. A meeting grievance may include more than one employee, pro- vided the issue is identical for each, and all employees affected thereby sign the grievance form.
3. The supervisor shall answer the grievance in writing within five (5) work- ing days after receipt except where the supervisor notifies the Associa- tion in writing of a need for an extension in which case the written an- swer shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place due within ten (10) days after the grievance is receivedworking days. The Fire Chief’s response(s) There shall be providedone (1) such extension unless the parties mutually agree otherwise.
4. In the event the grievant is not satisfied with the answer given, in writingthe griev- ant may appeal the decision on the form mutually agreed to by the Asso- ciation and the District to the Vice President, Academic Affairs, or desig- nee, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar working days after receipt of the Fire Chiefhis or her supervisor’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representativedecision. The City Operations Director shall give the Union the Employer’s Step 2 answer Vice President or his designee will communicate a deci- sion in writing within ten (10) calendar working days after of receipt.
5. In the Step 2 meeting. Any grievance event the grievant is not appealed satisfied with the decision of the Vice President, Academic Affairs, or designee, the grievant may appeal the decision in writing to Step 2 by the Union President or designee within ten (10) calendar working days after receipt of such decision. The President or designee shall be considered waived.
STEP 3. If an- swer the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made in writing within ten (10) calendar working days following after receipt.
C. Any grievance not processed by an employee in accordance with the time lim- its set forth herein shall be considered settled on the basis of the decision last made by the District. If at any step the District fails to respond within the time limits specified above, the grievant may proceed to the next step.
D. A grievant shall be entitled, upon request to representation by the Association at any grievance meetings. Where the Association has not been requested to represent the grievant and the District is prepared to agree to a resolution of the grievance, the District shall not make any final resolution until the Association has received a copy of the grievance and the proposed resolution and has been given an opportunity to file a response.
E. A reasonable amount of released time will be granted to one (1) Association representative to process any grievances. Such released time shall not take place during teaching hours or office hours except where the District and the Asso- ciation mutually agree in advance that released time during such hours is nec- xxxxxx.
F. Grievance forms and other forms necessary to the operation of the grievance procedure shall be provided by the District.
G. Any grievance occurring during the period between the termination date of this Agreement and the effective date of a new Agreement shall not be subject to this procedure.
H. After a grievance has been filed by an employee, the Association has the au- thority to process, abandon, or settle grievances on behalf of all employees subject to the provisions of Section D of this Article.
I. Binding Arbitration
1. Grievances which are not concluded pursuant to the procedures set forth in Section B, and which the Association desires to appeal, shall be sub- mitted to binding arbitration as set forth in this section, provided that written notice is given to the District by the Association within five (5) working days after the answer of the President or designee, is rendered.
2. Upon receipt of the Employer’s Association appeal, the parties shall endeavor to agree upon an arbitrator. If no agreement is reached within ten (10) working days, they shall request the California State Conciliation Service to sup- ply a panel of seven (7) names of arbitrators. Each party shall alternately strike a name until only one (1) name remains who shall be the arbitrator. The party who strikes the first name shall be determined by lot.
3. The fees of the arbitrator shall be shared equally by the parties. Either party may order a transcript. The cost of such transcript shall be shared equally if both parties have the use of the transcript but if only one (1) party has the use of the transcript, the non-using party shall not bear any expense pertaining to the transcript. Where both parties wish to have a transcript the parties agree to cooperate in the selection of a qualified reporter. Each party shall bear the expense of the presentation of its own case except that release time shall be granted to one Association repre- sentative, the grievant, and any necessary Association witness who is an employee of the District to attend the arbitration.
4. The arbitrator shall have no power to alter, amend, change, modify, add to, or subtract from any of the terms of the Agreement, and shall have no jurisdiction to hear any grievance which is excluded from the grievance- arbitration procedure by the terms of this Agreement, or which is not filed or appealed within the time limits of this Article. The decision of the arbitrator shall be based solely upon the evidence presented to him/ her by the respective parties in the presence of each other. No decision shall be retroactive beyond the beginning of the ten (10) day period speci- fied in Section B-1 of this Article, and the arbitrator shall have no author- ity to hear and issue a decision upon more than one (1) grievance at a time, unless the District and the Association expressly agree otherwise. The arbitrator shall render his/her decision within thirty (30) calendar days after the close of hearing or, where either party desires to submit a brief, within thirty (30) calendar days of such submission. The decision of the arbitrator shall be final Step 2 answer. Within tenand binding on both parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by Step #1: Within ten (10) working days after the occurrence of an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a alleged grievance, the Union shall submit the grievance in writing and signed by the individual or his representative shallto his/her immediate supervisor. Within ten (10) working days after the receipt of said notice, said supervisor shall arrange to and shall meet with said Union for the purpose of adjusting or resolving such grievance. Such supervisor shall render a decision within ten (10) working days of such meeting. If such grievance is not resolved to the satisfaction of the Union, the Union may, within the time period specified belowlimits set forth therein, inform the Chief or his/her designee initiate Step #2 of this procedure. Step #2: Further review of such grievance shall be made by presenting in writing describing such grievance to the nature Superintendent of Schools by no later than ten (10) working days following the Step I decision. Within ten (10) working days after receipt of said notice, the Superintendent or delegate shall arrange to and shall meet with the Union for the purpose of adjusting or resolving such grievance. The Superintendent or designee shall render a decision in writing within ten (10) working days of such meeting. If such grievance is not resolved to the satisfaction of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s)Union, the Union representative and the Fire Chief may within ten (10) working days of such decision initiate Step #3 of this procedure. Step #3: Further review of such grievance shall be made by presenting in attempt to resolve the dispute. The written notice of writing such grievance must be presented to the Chief within fifteen (15) calendar days Board of Education of the knowledge Town of Fairfield. Within ten (10) working days after the alleged violation Board receives such grievance, the Board shall have the option of the Labor Agreement. The Union is encouraged to discuss the matter meeting with the Chief prior to filing a Union for the purposes of adjusting or resolving such grievance. The meeting must take place Board shall render a decision in writing concerning such grievance within ten (10) days after such meeting with the Board. If such grievance is received. The Fire Chief’s response(s) shall be providednot resolved to the satisfaction of the Union, in writingthe Union may, within ten (10) calendar working days of the meeting.
STEP 2such decision, initiate Step #4 of this procedure. If the Step #4: Further review of such grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing by submitting this dispute to arbitration by the Employer American Arbitration Association within ten (10) calendar working days after receipt of notification of the Fire Chief’s answer decision of the Board. The notice of arbitration shall include a brief statement of the issues to be decided by the arbitrator and the specific provision of the Agreement involved. Said Association shall hear and act upon such dispute in Step 1accordance with its rules of voluntary labor arbitration. Upon The decision of the referral arbitrator, if made in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on all parties. Only the Union or the Board may submit a grievance to Step 2, a meeting will be held Arbitration. The arbitrator shall not rule on any dispute which is not called specifically to the attention of the Board or its representatives in accordance with the City Operations Director aforesaid grievance procedure nor shall the arbitrator have any power to add to, subtract from, vary, modify or his/her representativeamend in any way, the Fire Chiefterms of the Agreement. The time limits specified in the preceding sections of this article may be extended by written agreement of all parties. The fee of the arbitrator and the administration expense of the arbitration, if any, shall be shared equally by the grievant(s)Board and the Union but other expenses shall be borne by the party incurring them, including payments to representatives, witnesses, etc. The Board agrees that it will apply to all substantially similar situations the decision of an arbitrator sustaining a grievance and the Union agrees that it will not bring or continue, and that it will not represent any employee in any grievance which is substantially similar to a Union Representative. The City Operations Director shall give grievance denied by the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meetingdecision of an arbitrator. Any grievance not appealed advanced to the next Step of this grievance procedure within the applicable time limits is waived. The Board may also file a grievance and submit a dispute directly to arbitration pursuant to Step 4 herein, provided it first notifies the Union in writing to Step 2 by of said dispute, and meets with the Union within ten (10) calendar days shall be considered waivedin an attempt to resolve it.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 13.1 A grievance is defined as a written complaint by one or more. bargaining unit members or the EWC chapter of the AAUP pertaining to a violation of contractual rights under 'I I I this Agreement or relating to the meaning and application of the terms or provisions of this Agreement.
A. 13.2 No investigation of grievances shall interfere with the faculty member's teaching responsibilities.
13.3 The College and the EWC Chapter recognize that most grievances involve misunderstandings that are easily rectified. Consequently, before a grievance is reduced to writing, an effort should be made by the employee to resolve a grievance informally before proceeding with a formal grievance. If a formal grievance is necessary, however, it shall be processed in the following four steps:
(a) SJep One: A grievance shall be defined as a dispute reduced to writing and presented to the employee's Department Chairperson or, immediate supervisor for non-faculty, within fifteen calendar days after the event or disagreement raised by an events giving rise to the complaint, or after the employee against knew or, through the Employer involving the interpretation or application exercise of reasonable diligence, should have known of the specific provisions of eyent or events giving rise to the Agreement.
B. The process for commencing complaint, and resolving grievances if not so reported, such grievance shall be as follows:
STEP 1waived and such complaint shall thereupon be null and void and of no force and effect. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee The written grievance must state in writing describing detail the nature of the dispute, the employee(s) affected, the contract provision at issue grievance and the remedy sought. A meeting shall be held among circumstances which gave rise to the grievant(s), grievance and must identify the Union representative and the Fire Chief in attempt provisions of this Agreement whkh are applicable to resolve the disputeits resolution. The written notice of grievance must be presented to grievant will meet with the Chief Department Chairperson or immediate supervisor within fifteen (15) calendar days of the knowledge Department Chairperson's receipt of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The Department Chairperson or immediate supervisor will assess the matter, and if necessary, call a further meeting must take place within ten (10) days after the grievance is receivedto effect a resolution. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) Within fifteen calendar days of the initial meeting.
STEP 2, the Department Chairperson or immediate supervisor will provide to the Chief Academic Officer a draft written response, and if the Chief Academic Officer approves of its submission to the grievant as the Department Chairperson's or immediate supervisor's response, the Department Chairperson or immediate supervisor shall provide it to the grievant, with a copy to the Chief Academic Officer and the EWC Chapter. If the grievance outcome is not resolved through Step 1acceptable to the grievant, the Union grievant may appeal the grievance then proceed to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Directorstep two. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2If, a meeting will be held with the City Operations Director or his/her representativehowever, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2against the Department Chairperson or immediate s pervisor, the Union may appeal grievance will be filed with the grievance to Step 3 by giving written notice Chief Academic Officer (within the time limit stated in the first sentence of paragraph 13.3(a)) instead of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall Department Chairperson or immediate supervisor and step one will be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenomitted..
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. Section 1. A grievance shall be is defined as a dispute between the City and one (1) or disagreement raised by an employee against the Employer involving more of its employees concerning the interpretation or application of or compliance with this Agreement, including disputes regarding discipline.
Section 2. Should a grievance arise, there shall be an xxxxxxx effort on the specific provisions part of the Agreementparties to settle such grievance promptly. Grievances involving discipline shall follow the procedure established in Section 3 of this Article 21. All other grievances including those involving oral and written reprimands shall be processed in accordance with the following procedure:
Step 1. An employee shall present and attempt to resolve any grievance with the immediate supervisor. A Union xxxxxxx may be present if so requested. Discussion will be informal for the purpose of settling the dispute in the simplest and most direct manner. The decision of the immediate supervisor shall be given orally to the employee no later than ten (10) working days after the discussion.
B. The process for commencing Step 2. If the grievance has not been resolved to the satisfaction of the employee at Step 1, the grievance may be reduced to writing on the regular grievance form, signed by the employee and resolving grievances shall be as follows:
STEP presented to the employee's division head or designee not later than ten (10) working days after the immediate supervisor's response was rendered at Step 1. To initiate a grievanceIf the grievance involves more than one (1) employee, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature will identify by name all of the disputeaggrieved employees prior to proceeding to Step 3. Any resolution of the grievance shall be limited to those employees who have been named or designated on the grievance form. The division head or designee shall conduct a meeting with the affected employee(s) and/or Union xxxxxxx within ten (10) working days of receipt of the grievance and shall reply to the affected employee(s) and the Union xxxxxxx, in writing, of the decision within ten (10) working days after the close of the meeting.
Step 3. If the grievance is not settled to the satisfaction of the employee(s) affectedat Step 2, the contract provision decision may be appealed by presenting the written grievance to the employee's department head or designee not later than ten (10) working days after receipt of the division head's decision at issue and Step 2. The department head or designee shall conduct a meeting with the remedy sought. A meeting shall be held among the grievant(s), the affected employee(s) and/or Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is receivedof receipt of appeal. The Fire Chief’s response(s) department head or designee shall be provided, in writing, render a written decision within ten (10) calendar working days following the close of the meetingmeeting and shall provide a copy of the decision to the Union.
STEP 2Step 4. If the grievance is not resolved through to the satisfaction of the employees at Step 13, the Union decision may appeal be appealed to the grievance to Step 2 Human Resources Director or designee not later than ten (10) working days after receipt of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director3 decision. The referral to Step 2 Human Resources Director or designee shall be made in writing to meet with the Employer affected employee(s) and/or the Union representative within ten (10) calendar working days after following receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), grievance and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer reply in writing within ten (10) calendar working days after following the Step 2 close of the meeting.
A. The City and the Union hereby agree that this procedure and the arbitration procedure set forth in Article 20 shall be the sole and exclusive method for interpreting and enforcing this Agreement. Except as otherwise provided herein, the Union shall have the exclusive right to represent all employees and to control the submission of grievances to arbitration subject to applicable law. In accordance with its obligation to fairly represent employees, the Union shall be authorized to withdraw, abandon, settle, or refuse to accept any grievance at any time.
B. For the limited purpose of this Article, a working day shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed by the City.
C. The time limits set forth above are to be strictly adhered to but may be lengthened or shortened by mutual agreement in writing.
D. Representatives of the City and the Union shall acknowledge receipt of grievances by signing and dating the form when presented or received.
E. Any grievance not appealed advanced by the employees to the next higher step within the time limits provided shall be deemed permanently withdrawn and as having been settled on the basis of the answer most recently given. A grievance not answered by the City within the time limits provided shall be automatically advanced to the next higher level within this Article.
F. No action or matter shall be considered the subject of a grievance unless a written complaint is made within twenty (20) working days of its occurrence or within twenty (20) working days from the time the aggrieved employees became aware or by use of reasonable diligence should have become aware of the cause for complaint. The City shall not be subject to any liability for any period more than twenty (20) days prior to the date the grievance was filed in writing writing.
G. A Union Xxxxxxx shall be permitted to Step confer with the appropriate supervisor and/or division head under the circumstances defined in Steps 1 and 2 above without loss of pay provided that the City may discontinue payment for such time in case of abuse by the Union within ten (10) calendar days representative. A Union xxxxxxx shall be considered waived.
STEP 3report to the immediate supervisor when stopping work to process a grievance as requested by an employees and shall report back to the supervisor when ready to resume work. If the xxxxxxx represents more than one (1) location and is required to leave the regular work place to process a grievance, the xxxxxxx shall report to the immediate supervisor when stopping work, to the appropriate supervisor when arriving at the work place of the affected employees and to the xxxxxxx'x immediate supervisor when ready to resume work. If a grievance involves more than one (1) employee, such employees shall designate not more than two (2) employees to represent the group and, with the xxxxxxx, shall be permitted to confer with the supervisor an or division head in steps 1 and 2 as provided above. An aggrieved employee will be permitted to confer with representatives of City management as provided in the grievance procedure without loss of pay provided that the City may discontinue payment for such time if this privilege is abused.
H. In the event that the grievance involves a group of employees who do not have the same immediate supervisor, the grievance shall first be presented to their division head as indicated in Step 2 of this procedure. The subsequent steps of the grievance procedure as outlined in this Article shall then apply.
I. In the event that the grievance involves a group of employees who do not have the same division head, the procedure shall start with Step 3.
J. In the event that the grievance involves a group of employees that do not have the same department head, the procedure shall start with Step 4.
K. The Union shall have the right to file grievances in the fourth step of the grievance procedure in any non-disciplinary matter involving the interpretation or application of this Agreement, provided, however, that this right shall be strictly limited to those matters where the Union can factually demonstrate:
(1) that the matter is covered by a provision of the Agreement; and
(2) that the matter involves the interpretation or application of that provision; and
(3) the grievance does not seek to add to or subtract from any provision of the Agreement; and
(4) the subject matter of the grievance is not resolved at Step 2general in nature, the Union may appeal the grievance having application to Step 3 by giving written notice a majority of the appeal to Step 3 to the Chair members of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenunit.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A 17.1 The grievance procedure is to ensure that any grievance is processed in an expeditious manner, therefore, compliance with the provisions is mandatory. If the Town fails to comply with the provisions, the grievance may be processed to the next step. If the grievor fails to comply with the provisions, the grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreementconsidered abandoned.
B. The process for commencing 17.2 Any difference between any Employee covered by this Agreement, or in a proper case between the Union and resolving grievances the Town, concerning the interpretation, application, operation or alleged violation of this Agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows:
STEP 1. To initiate (a) Step A - Such difference (hereinafter called “a grievance, ”) shall be promptly submitted in writing to the C.A.O. and to the Union representative shallas the case may be. Such written submission shall be made within thirty (30) days from the date of the incident giving rise to the grievance or from the date the grievor first had knowledge of the incident, within the time period specified below, inform the Chief or his/her designee in writing describing whichever is later. Such grievance shall set out the nature of the disputegrievance, the employee(s) affected, the contract provision at issue articles of this Agreement which it is alleged have been violated and the remedy sought. A meeting shall be held among the grievant(s), Both a representative of the Union representative and the Fire Chief in attempt Town or its representatives shall meet within ten (10) days of the grievor’s notice to resolve the dispute. The written notice of .
(b) Step B - In the event the grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place not settled within ten (10) days after the date of the submission of the grievance is received. The Fire Chief’s response(sin accordance with Step A, then on or before a further five (5) shall be provided, in writing, within days have elapsed from the expiration of the aforesaid ten (10) calendar days day time period, the grievance shall be referred in writing by the grievor to the Grievance Committee. Such Grievance Committee shall be composed of two representatives of the meeting.
STEP 2Town, and two representatives of the Union. The Chair for the meeting shall alternate, beginning with a Union representative. The Grievance Committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within fifteen (15) days following receipt of the submission. If the grievance is not resolved through Step 1, Grievance Committee reaches a unanimous decision as to the Union may appeal the grievance to Step 2 disposition of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 grievance, that decision shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), final and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedbinding.
STEP 3. If (c) Step C - In the grievance is event the Grievance Committee does not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made meet within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenfifteen
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. SECTION 1: A grievance shall be is hereby defined as a any complaint, dispute or disagreement raised by an employee against concerning the Employer involving the interpretation or rights, obligations and application of the specific provisions terms and conditions of this Agreement. The application or implementation of’ discipline is hereby declared to be a suitable subject of this grievance procedure. It is declared to be the desire of the parties that the grievance procedure be implemented to provide a speedy resolution of all disputes between the parties. The procedures outlined in this Article are not intended for resolving any impasse which might occur in negotiating future agreements; however, grievances or disputes which may arise, including the interpretation of the Agreement.
B. The process for commencing and resolving grievances , shall be as follows:
STEP 1resolved in the manner described herein. To initiate a grievanceAll “days” referred to herein are calendar days excluding Saturdays, the Union representative shallSundays, within the time period specified below, inform and legal Holidays. All references to the Chief or his/her designee Safety Director are deemed to include his designate or delegate. The UNION shall have the exclusive right to process, settle and adjust grievances.
SECTION 3: The following steps shall be followed in writing describing the nature processing of a grievance:
Step 1. An employee of the dispute, the employee(s) affected, the contract provision at issue unit who believes that he has been affected by what is considered to be a violation of this Agreement shall cause a written and the remedy sought. A meeting shall signed petition to be held among the grievant(s), given to the Union representative and the Fire Chief in attempt to resolve the disputeGrievance Committee. The Union Grievance Committee will review the petition and independently determine whether a valid grievance exists. The Union Grievance Committee will, if it believes that a violation has taken place, cause a written notice of grievance must to be presented delivered to the Chief his immediate supervisor within fifteen thirty (1530) calendar days of the incident or knowledge of the alleged violation of incident, but in no case later than thirty (30) calendar days from the Labor Agreement. The Union is encouraged actual facts, which give rise to discuss the matter with the Chief prior to filing a grievance. The immediate supervisor shall indicate the date and time of receipt of the grievance, and affix his signature to the grievance form. That supervisor shall respond in writing to the grievant within seven (7) calendar days of receipt of the grievance.
Step 2. A grievance unresolved at Step 1 may be submitted by the grievant to the Chief within seven (7) calendar days from receipt of the Step 1 answer. It shall be the responsibility of the Chief or his designee to investigate the matter, hold such hearings as necessary, and to provide a written response to the grievant within fourteen (14) calendar days of receipt of the grievance. The grievant may, at his option, be represented by a representative of the Union at any hearing or hearings held at this level.
Step 3. A grievance unresolved at Step 2 may be submitted by the grievant to the Office of the Mayor or his designee within seven (7) calendar days of receipt of the Step 2 answer. If the grievant desires to meet with the Mayor or his designee, the grievant or his union representative shall so notify the Office of the Mayor within three (3) working days of the time of filing at Step 3. The Mayor or his designee shall provide a written response to the grievant within fourteen (14) calendar days of such meeting, or in the event that there is no meeting must take place requested within ten fourteen (1014) days after of the filing at Step 3.
1. Contrary to or inconsistent with or modifying or varying in any way the terms of this Agreement,
2. Contrary to, inconsistent with, changing, altering, limiting, or modifying any practice, policy, rule, or regulation, presently or in the future established by the CITY as long as such practice, policy, rule, or regulation does not conflict with this Agreement,
3. Concerning the establishment of wage scales, or change in any wage rates except as provided in this Agreement, the arbitrator must issue his decision within forty five (45) days from the closing of the hearing unless the parties mutually agree to an extension. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance in a separate hearing, on the grounds that the matter is non-arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines that the grievance is receivedwithin the purview of arbitrability, the alleged grievance will be heard in a separately scheduled hearing on its merits before the same arbitrator. The Fire Chief’s response(s) award shall be providedfinal and binding upon the parties. If the decision is made as described above to refer the matter instead to the Civil Service Commission, then the parties agree the remedies provided by the Civil Service Law shall be the sole and exclusive remedy.
SECTION 4: The parties agree that all new or revised policies shall, upon request of the UNION, be addressed to the Labor Management Committee for discussion and clarification as to intent. A grievance involving a policy matter may be pursued by filing a grievance at Step 3 of the grievance procedure. In the event of any application of an existing policy which the UNION believes to be unreasonable or improper, the UNION may file a grievance, in writing, within ten thirty (1030) calendar days after the facts which give rise to the complaint are known. If an application of a policy under new conditions or changed circumstances arises, that policy shall be grieved within thirty (30) days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 UNION or Grievant becoming aware of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director alleged new condition or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedchanged circumstance.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. CWLP agrees to meet with the duly accredited officers of the Local Union and/or its designees as outlined in this Section to resolve differences that may arise between the Employer and the Local Union.
A. A Step 1. The xxxxxxx on a job or union representative in case of a grievance shall be defined as a dispute or disagreement raised by an employee against take the Employer involving matter up in writing with the interpretation or application Superintendent of the specific provisions of Department in which the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief person is employed within fifteen (15) calendar working days of the knowledge time the union and/or the employee concerned became aware of or should have become aware of the alleged violation occurrence of the Labor Agreement. The Union is encouraged event giving rise to discuss the matter with the Chief prior to filing a alleged grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP Step 2. If the grievance is not resolved through satisfactorily within five (5) working days after submission in Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer submitted in writing within ten five (105) calendar working days after to the Step 2 meeting. Any grievance not appealed in writing to Step 2 Electric Division Manager by the Union within ten (10) calendar days shall be considered waivedLocal Union.
STEP Step 3. If the grievance is not resolved at satisfactorily within five (5) working days after submission to Step 2, the Local Union may appeal shall submit the grievance in writing within five (5) working days to the General Manager or his designee.
Step 4. If the grievance is not resolved satisfactorily at Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar working days following after submission, then either party may submit the matter to arbitration according to the procedures set forth in Article III. Such an appeal must be filed within twenty (20) working days after receipt of the decision of the General Manager or within twenty (20) working days after such decision was due. A grievance which is not processed within the requisite time limits shall be deemed to be accepted according to the Employer’s final Step 2 answer's last grievance response. Within tenGrievances may be withdrawn at any step of the grievance procedure. The time limits at any step may be extended by written mutual agreement of the parties.
Section 2. Nothing in this Agreement prevents an employee from presenting a grievance to the Employer and having the grievance heard and settled without the intervention of the Union; provided that the Union shall be afforded the opportunity to be present at such conference and that any settlement made shall not be inconsistent with the terms of the agreement in effect between the Employer and the Union.
1. The Employer must notify the Union of the dates and times of all meetings concerning such grievance.
2. If the Union contends that a settlement of such grievance is inconsistent with the contract or established procedures of the parties, the Union may file a grievance of its own.
3. Only the Union shall have the right to refer grievances to arbitration under the Agreement.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE PROCEDURE.
A. Step 1: Within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence, should have knowledge of the event giving rise to the grievance, the Association representative shall arrange a meeting with the grievant's immediate supervisor with or without the grievant to resolve the grievance. A grievance shall be defined identified as a dispute or disagreement raised by an employee against such. The immediate supervisor's response to the Employer involving grievance shall be given to the interpretation or application Association representative within fifteen (15) calendar days of the specific provisions of the Agreementsaid meeting.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievanceStep 2: If the grievance is not resolved to the satisfaction of the Association at Step 1 of this procedure, the Union representative shallAssociation may within fifteen (15) calendar days after the immediate supervisor's response is given or due, within whichever comes first, present the time period specified below, inform the Chief or his/her designee grievance in writing describing to the Appointing Authority's representative at the next level of supervision who has been designated by the facility to process grievances. The written grievance shall state the nature of the disputegrievance, the employee(s) affectedfacts upon which it is based, the contract provision at issue provision(s) of the Agreement allegedly violated, and the remedy soughtrelief requested. A meeting shall be held among Within fifteen (15) calendar days after the grievant(s)Appointing Authority's representative receives the written grievance, the Union Appointing Authority's representative and shall arrange a meeting with the Fire Chief in attempt Association Representative to resolve the disputegrievance. The written notice of grievance must be presented Appointing Authority's representative shall respond to the Chief grievance in writing to the Association Representative(s) and the Association within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. C. Step 3: If the grievance is not resolved through Step 1, to the Union may appeal satisfaction of the grievance to Association at Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representativethis procedure, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing Association may within ten fifteen (1015) calendar days after the Step 2 meeting. Any date on which the Appointing Authority representative's written response is given or due, whichever comes first, present the grievance not appealed in writing to Step 2 by the Union Appointing Authority or its designated representative. The Appointing Authority or its designated representative shall, within ten fifteen (1015) calendar days after receiving the written grievance, arrange a meeting with the Association representative to resolve the grievance. The Appointing Authority or its representative shall be considered waivedrespond in writing to the Association representative(s) and the Association within fifteen (15) calendar days after the meeting.
STEP 3. D. Step 4: If the grievance is not resolved at Step 2, still remains unresolved the Union Association may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten fifteen (1015) calendar days following after the receipt response of the Appointing Authority or his/her designee is due request arbitration of the grievance, by 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, one (1) representative of the Employer’s final Step 2 answer, and one (1) neutral member. Within tenThe neutral member shall be selected by the parties within seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A 7.1 Any grievance shall be defined as a dispute or disagreement raised by which may arise between an employee against and the Employer involving County with respect to the interpretation or application of any of the specific terms of this Memorandum of Understanding, and with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion or discipline of an individual regular employee shall be determined by the provisions of this Article. The exclusive remedy for such grievance shall be determined by the Agreementprovisions of this Article. Probationary employees shall not be entitled to process grievances with respect to a probationary rejection. This shall not, however, prevent a probationary employee from enforcing any other rights under this Memorandum of Understanding. Grievant, as used herein, is defined as an employee or group of employees of the County.
B. 7.2 Step One The process for commencing and resolving grievances initial step in the adjustment of a grievance shall be as follows:
STEP 1. To initiate a grievance, discussion between the Union representative shall, within the time period specified below, inform the Chief grievant or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union their representative and the Fire Chief grievant's immediate management level supervisor, who will answer within fifteen (15) calendar days. This step shall be started within thirty (30) calendar days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the grievant. Notwithstanding the preceding, concerning a grievance resulting from the imposition of disciplinary action, Step One shall begin with the member of management/supervisor immediately above the person who imposed the disciplinary action. Such grievance shall be filed within thirty (30) calendar days of the date of the imposition of discipline.
7.3 Step Two If a grievance is not resolved in attempt the first step, the second step shall be the presentation of the grievance in writing by either the grievant or their representative to resolve the disputeDivision Head, who shall answer, in writing, within twenty (20) calendar days. The written notice of grievance must second step shall be presented to the Chief taken within fifteen (15) calendar days of the knowledge date of the alleged violation answer in Step One. The written presentation shall be a clear, concise statement of the Labor Agreement. The Union is encouraged grievance, the circumstances involved, the pertinent dates, the decision rendered at the previous step, the section of this Memorandum of Understanding alleged to discuss be violated, and the matter with the Chief prior to filing specific remedy sought.
7.4 Step Three If a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) not resolved in the second step, the third step shall be providedthe presentation of the grievance, in writing, by either the grievant or his/her representative to the Department Head, who shall, only after consulting with the County Counsel and the Personnel Director, answer, in writing, within twenty (20) calendar days. The third step shall be taken within ten (10) calendar days of the meetingdate of the answer in Step Two. The written presentation shall be a clear, concise statement of the grievance, the circumstances involved, the pertinent dates, the decision rendered at the previous step, the section of this Memorandum of Understanding alleged to be violated, and the specific remedy sought.
STEP 2. 7.5 Step Four If the a grievance is not resolved through Step 1in the third step, the Union fourth step may appeal be referral by the grievance Association to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer mediation within ten twenty (1020) calendar days after receipt of the Fire Chief’s answer in Step 1Three. Upon Whenever a grievance is referred to mediation, either party may request that the referral California State Mediation and Conciliation Service refer a state mediator. The state mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. Referral to Step 2, Five shall not occur until a meeting will be held with mediator has released the City Operations Director or his/her representative, parties from the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedmediation process.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Memorandum of Understanding
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP Step 1. To initiate a Within ten (10) workdays after the act or occurrence that gives rise to the grievance, the Union employee, or the union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature on behalf of the disputeemployee, may present the grievance, in writing, to his or her office director. The grievance must specify the term(s) of the Agreement that the employee believes has been violated, date of the violation and the resolution requested by the employee. Within fifteen (15) workdays, the employee(soffice director will meet with the employee, or the union representative on behalf of the employee, or both and take whatever actions are necessary and appropriate to investigate and evaluate the grievance. The office director will provide the employee and the union representative with a written response to the grievance within seven (7) affectedworkdays after the grievance meeting has been held. Resolution at Step 1 will not be binding on future grievances and will not constitute precedent or practice.
Step 2. Within seven (7) workdays after the office director in Step 1 has informed the employee of his or her decision, and if the employee is not satisfied with the Step 1 decision, the contract provision at issue and employee, or the remedy sought. A meeting shall be held among union representative on behalf of the grievant(s)employee, may present the Union representative and grievance to the Fire Chief in attempt to resolve the disputeExecutive Director. The written notice of grievance must be presented to in writing. The grievance must specify the Chief within term(s) of the Agreement that the employee believes has been violated, date of the violation and the resolution requested by the employee. Within fifteen (15) calendar days workdays of having been presented with the grievance, the Executive Director or Executive Director’s designee will meet with the employee, or the union representative on behalf of the knowledge of employee, or both, and take whatever actions are necessary and appropriate to investigate and evaluate the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place Step 2 grievance will not be evaluated as an appeal. The Executive Director will determine the grievance on a de novo basis. The Executive Director will provide a decision to the employee and the union representative in writing within ten twenty (1020) days workdays after the grievance is receivedmeeting has been held. The Fire ChiefExecutive Director’s response(s) shall determination will be providedfinal and binding and may be cited as precedent in future grievances involving the same facts and issue(s), in writing, within ten (10) calendar days of the meeting.
STEP 2. If unless the grievance is not resolved through Step 1, the Union may appeal the grievance submitted to arbitration pursuant to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived3.
STEP Step 3. If the grievance is not resolved by the Executive Director to the satisfaction of the employee at Step 2, it may be appealed by the Union may appeal the grievance to Step 3 by giving Union, through a written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be demand made within ten twenty (1020) calendar days following the workdays of receipt of the Employer’s final Step 2 answerdecision, to an arbitrator who has been agreed upon by the Union and the Legislative Council to hear disputes subject to arbitration under this Agreement. Within tenA copy of the request for arbitration will be sent simultaneously to the Executive Director.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute During the term of this agreement any difference concerning the dismissal, discipline or disagreement raised by suspension of an employee against or the Employer involving interpretation, application, operation or any alleged violation of this Agreement, including any question as to whether any matter is arbitrable, but excluding an appeal of a decision relating to the interpretation Long Term Total Disability Plan, will, without stoppage of work, be the subject of collective bargaining between the Union and the Employers and will be finally and conclusively settled under and by the following procedure:
a) Such grievance or application difference will first be taken up with the employee's immediate Supervisor within three (3) working days of such difference or grievance arising by the employee and a Union representative. If the difference or grievance is not settled, it then be stated in writing and submitted to the Department Head within fourteen (14) days of such difference or grievance arising.
b) If such difference or grievance is not settled within fourteen (14) calendar days following the submission by the employee to the Department Head, it will then be submitted in writing to the City Administrator or Chief Constable within thirty (30) additional calendar days.
c) If such difference or grievance is not settled within fourteen (14) days following the submission by the Union to the City Administrator or Chief Constable the Union will present such grievance or difference in writing within thirty (30) additional calendar days to the Director of Human Resources who will immediately notify the Chair of the specific provisions Joint Grievance Committee. The Joint Grievance Committee will be comprised of four (4) members, each of whom will have a vote; two (2) to be appointed by the AgreementMayor, one (1) of whom will be Chair, and two (2) to be appointed by the Union.
B. d) Should the Joint Grievance Committee be unable by majority decision to effect a settlement of such difference or grievance within twenty-one (21) calendar days of receipt of such grievance by the Chair, such grievance will be submitted to an Arbitrator within thirty (30) additional calendar days. The process for commencing Arbitrator will be agreed upon by the Employers and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, and an appointment will be made within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen fourteen (1514) calendar days of the knowledge date on which notification has been received by the Director of Human Resources to proceed to arbitration. Should the Union and the Employers fail to agree on an Arbitrator within the fourteen (14) calendar days, the Arbitrator will be appointed by the Minister of Labour of the alleged violation Province of British Columbia. The decision of the Labor AgreementArbitrator will be final and binding on both parties and each party will bear one-half (1/2) of the expense of the Arbitrator.
e) It is recognized by the Employers and the Union that there may be incidences where time limits cannot be adhered to (e.g. lengthy illness). The Union is encouraged In such cases, time limits may be extended by mutual consent of the parties.
f) Where under Article 11, an Arbitrator finds that an employee has been dismissed, suspended or otherwise disciplined for other than proper cause, such Arbitrator may:
i) direct the Employers to discuss reinstate the matter with employee and pay to the Chief prior employee a sum equal to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be providedhis wages lost by reason of his dismissal, suspension or other discipline or such lesser sum as, in writing, within ten (10) calendar days the opinion of the meeting.Arbitrator, is fair and reasonable; or
STEP 2. If the grievance is not resolved through Step 1ii) make such other order as he considers fair and reasonable, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 having regard to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt terms of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedthis Agreement.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A Any difference between any employee covered by this Agreement and the Board, or in a proper case of Bargaining Unit No. of the Alberta Teachers' Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work. Such difference (hereinafter called "a grievance") shall first be submitted in writing to the Secretary-Treasurer of the Board and the Chairman of the for Bargaining Unit No. as the case may be within fifteen (15) days from the date when the party was first aware of the incident leading to the grievance. Such grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing set out the nature of the disputegrievance, the employee(s) affected, the contract provision at issue articles of this Agreement which it is alleged have been violated and the remedy sought. A meeting shall be held among the grievant(s), event the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief is not settled within fifteen (15) calendar days after the date of submission of the knowledge grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration of the alleged violation aforesaid fifteen (15) day time period, the grievance shall be referred in writing to the Secretary-Treasurer of the Labor AgreementBoard and the Chairman of the for Bargaining Unit No. who in shall notify their respective grievance Such grievance committee shall be composed of two (2) representatives of the Board and two (2) representatives of the Bargaining Unit No. of the Alberta Teachers' Association. A quorum of this committee shall consist of all members. The Union grievance committee shall meet and endeavor to resolve the grievance and shall render its decision within twenty-one (21) days following receipt of the submission except whereby unanimous consent of the grievance committee, the hearing of such grievance is encouraged adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to discuss the matter with disposition of any grievance, that decision shall be final and binding. If the Chief prior to filing grievance committee does not reach a grievanceunanimous or any decision within the said time, then either party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided. The meeting Such notice must take place be given within ten (10) days after the date the aforesaid twenty-one (21) day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is receivedshorter. Each party shall appoint one as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tentwo
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. 9.1 A grievance shall be is defined as a dispute or disagreement raised by an employee against the Employer involving as to the interpretation or application of the specific provisions terms and conditions of this Agreement. The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances. However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans’ rights statutes.
9.2 The Employer will recognize representatives designated by the Union as the grievance representatives of the Agreementbargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when designated. The Employer shall notify the Union in writing to its designated representatives.
B. 9.3 It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employee duties and responsibilities. The process for commencing aggrieved employee and resolving grievances an Union Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and Union Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitation to hamper the processing of grievances.
9.4 Grievances, as followsdefined by Section 9.1, shall be resolved in conformance with the following procedure:
STEP Step 1. To initiate An employee claiming a grievance, violation concerning the Union representative interpretation or application of this Agreement shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen twenty-one (1521) calendar days of the knowledge of the after such alleged violation of has occurred, present such grievance to the Labor Agreementemployee’s supervisor as designated by the Employer. The Union is encouraged Employer-designated representative will discuss and give an answer to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the such Step 1 grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the Fire Chiefgrievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 by the Union within fifteen (15) calendar days after the Employer-designated representative’s final answer in Step 1. Upon the referral Any grievance not appealed in writing to Step 2 by the Union within fifteen (15) calendar days shall be considered waived.
Step 2. If appealed, a meeting will the written grievance shall be held presented by the Union and discussed with the City Operations Director or his/her Employer-designated Step 2 representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director Employer-designated representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after following the Employer-designated representative’s final Step 2 meetinganswer. Any grievance not appealed in writing to Step 2 3 by the Union within ten (10) calendar days shall be considered waived.
STEP Step 3. If the grievance is not resolved at Step 2appealed, the written grievance shall be presented by the Union may appeal and discussed with the grievance to Employer-designated Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committeerepresentative. The referral to Step 3 Employer-designated representative shall be made within ten (10) calendar days following give the receipt of Union the Employer’s final Step 2 answer. Within answer in writing within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 5.01 The parties to this Collective Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.
A. A grievance 5.02 All disputes between the parties relating to the interpretation, application or administration of this Collective Agreement shall be defined adjusted and settled according to the terms and conditions as a dispute or disagreement raised by an employee against set forth in the Employer involving the interpretation or application of the specific provisions of the Grievance and Arbitration Procedures in this Collective Agreement.
B. , unless otherwise expressly provided for in this Agreement. The process procedure for commencing and resolving grievances any such adjustments shall be as follows:.
STEP 1. To initiate a grievance5.03 Subject to Article 5.04, no grievance shall be considered where the Union representative shall, within circumstances giving rise to it occurred or originated more than seven (7) calendar days before the time period specified below, inform the Chief or his/her designee in writing describing the nature filing of the dispute, the employee(sgrievance at Step 1.
Step 1 The aggrieved employee shall present his grievance orally to his immediate supervisor. The aggrieved employee and his immediate supervisor shall have five (5) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt calendar days to resolve the dispute. The written notice of grievance.
Step 2 Failing settlement above in the time allowed in Step 1, the employee shall present his grievance must be presented in writing to the Chief xxxxxxx and the xxxxxxx shall present the grievance to the designated representative of the Company within ten (10) calendar days starting from the time the employee brought his grievance to his immediate supervisor in Step 1.
Step 3 Failing settlement above, the union shall present the grievance to the designated representative of the Company within ten (10) calendar days starting from the time the xxxxxxx brought his grievance to the Employer in Step 2. Failing settlement above, the grievance may be submitted within fifteen (15) calendar days of starting from the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, time the Union may appeal brought the grievance to the Employer in Step 2 3 to arbitration in accordance with Article 6.
5.04 The parties agree that in the event of a termination of employment the Grievance Procedure grievance procedure will be expedited as follows: A claim by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 an employee, who has completed his probationary period, that he has been discharged without just cause shall be made in writing to treated as a grievance if a written statement of such grievance is lodged with the designated representative of the Employer within ten five (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (105) calendar days after the Step 2 meetingdischarge. Any grievance not appealed in writing to Step 2 by A representative of the Union and a representative of the Employer shall meet within ten three (103) calendar working days thereafter. In the event the parties are unable to resolve the matter, the grievance may be presented to arbitration within five (5) days of the decision following the meeting or the time permitted for the decision.
5.05 A policy grievance shall be submitted at Step 3 provided no policy grievance shall be considered waived.
STEP 3. If where the circumstances giving rise to it occurred or originated more than five (5) working days before the filing of the policy grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten3.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. Section 1. A grievance grievance, under this Agreement, shall be defined as a dispute claim of an employee, the Union or disagreement raised the Employer/Hospital covered by an employee against the Employer involving this Agreement, which involves the interpretation of, administration of, or application of compliance with the specific provisions provision of the this Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1Section 2. To initiate a grievanceIn the event of any grievance the aggrieved employee may, at the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to employee’s option first discuss the matter grievance informally with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chiefemployee’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2immediate supervisor. If the grievance is not resolved through Step 1, informally or if the Union may appeal employee elects not to discuss the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 informally, such grievance shall be made presented in writing to the Employer within ten (10Employer/Hospital as provided below:
a.) calendar days after receipt The grievance shall be reduced to writing on forms provided by the Union, signed by the employee and/or Union representative and presented to the appropriate supervisor. The written grievance shall include the name and position of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representativegrievant, the Fire Chiefdate, the grievant(s)basis of the grievance and relief requested, and a Union Representative. The City Operations Director shall give the Union clauses or provisions of the Employer’s Step 2 answer in writing Agreement involved.
b.) Such written grievance must be submitted within ten twenty (1020) calendar days after the Step 2 meetingevent or events giving rise to the grievance occurred or within twenty (20) calendar days after those events should reasonably have been known or the grievance shall be deemed waived however, if the grievance is for any claim, for which the arbitrator directs the payment of overtime, wages and fringe reimbursement to an employee, such period shall not limit the period of time for which recovery may be had.
c.) The grievance will be taken up in a meeting within seven (7) calendar days after the grievance is filed, between the employee, the Union representative and the immediate supervisor. Any A written response to the grievance not appealed in writing shall be given to Step 2 by the Union representative and the Union within ten seven (107) calendar days shall be considered waivedafter the meeting.
STEP 3Step 2. If the grievance is not resolved at Step 21, the Union may appeal submit the grievance to Step 3 by giving written notice the appropriate Vice-President/designee within seven (7) calendar days after receipt of the appeal Step 1 written answer. Within seven (7) calendar days from the receipt of the written grievance, the appropriate Vice-President/designee shall meet at a mutually agreeable time and place with the Union representative(s), to Step 3 a maximum of two (2), in an attempt to resolve the grievance. The grievant may be present at the Union’s option. A second management representative may be present at the Employer/Hospital’s option. The Vice-President/ designee shall respond in writing to the Chair Union representative and the Union within seven (7) calendar days after the Step 2 meeting.
Step 3. If no mutually satisfactory conclusion is reached at the end of Step 2, the City’s Personnel Committee. The referral grievance may be appealed to Step 3 shall be made the Human Resources Director or designee within ten (10) calendar days following of receipt by the Union of the Step 2 answer. A meeting at a mutually agreeable time and place shall be held within seven (7) calendar days with Union representatives, the Vice-President for the department/clinical area and the Human Resources Director or designee. The Employer/Hospital shall render a written answer to the Union within seven (7) calendar days of the Step 3 grievance. The Employer/Hospital shall provide the Step 3 answer electronically to Local 1133 and to the CWA District office.
Step 4. If the grievance is not resolved at Step 3, either party to this Agreement desiring to move the grievance to arbitration, must give notice of intention to arbitrate to the other party (Human Resources Director or designee or CWA representative) within forty-five (45) calendar days of receipt of the Step 3 written answer or the grievance shall be considered to be discontinued.
Section 3. The party desiring arbitration shall, within sixty (60) calendar days of the receipt of the Step 3 written answer, send a letter to the Federal Mediation and Conciliation Service and shall:
a.) request arbitration identifying the grievance and including whatever forms are required by the mediation service; and
b.) request the mediation service to send to each party a list of seven (7) names of arbitrators.
Section 4. Within ten (10) business days of the receipt of the panel of arbitrators, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by a coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject the first panel of arbitrators and request one additional panel.
Section 5. The arbitrator shall render his/her decision in writing to the Employer/ Hospital and the Union, which decision shall be binding upon both parties and employees covered by this Agreement. The arbitrator shall render a decision within thirty (30) calendar days following the close of the arbitration proceeding unless otherwise authorized by mutual agreement of the Employer/Hospital and the Union. Authorization to extend time limits on the arbitrator’s final decision shall not be unreasonably withheld by either party.
Section 6. The arbitrator shall have no authority to add to, to alter, amend or change in any way the terms and conditions of this Agreement and shall confine his/ her decision to a determination of the facts and interpretation of, administration of, and compliance with the provisions of this Agreement. The arbitrator shall have the authority to modify corrective action, inclusive of an award to reinstate a discharged employee, with some or all of the time the employee had been terminated being considered as a suspension.
Section 7. Any time limit imposed on the handling of grievance shall commence on the date of receipt.
Section 8. The cost and expense of the arbitrator and the arbitration hearing room shall be shared equally by the incurring 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 9. It is the intent of the Employer/Hospital and the Union that grievances be resolved at the lowest possible Step and be processed as rapidly as possible. The number of days indicated at each Step of the procedure should be considered as maximum and every effort should be made to expedite the process. However, when mutually agreed in writing, the time limits may be extended at any Step.
Section 10. A grievance involving discharge or improper layoff must be initiated in writing and submitted directly at Step 3 within five (5) calendar days of written notice to the Union of the occurrence. Failure to initiate and submit such grievance in accordance with this provision shall be deemed a waiver of the grievance.
Section 11. 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.
Section 12. 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/Hospital and the Union.
Section 13. The decision of the arbitrator may or may not include “make whole” decisions with respect to lost wages, benefits and other terms of employment. If an arbitrator shall award back wages covering the period of an employee’s separation from the Employer/Hospital’s payroll, the amount as awarded shall be less any unemployment compensation received. In addition, the arbitrator shall have the authority to determine what if any other interim earnings or other deduction(s) should be appropriately deducted from such back pay awarded.
Section 14. Grievances filed on behalf of two (2) or more employees may be filed in writing by the Union at Step 2 answerof the grievance procedure, provided the grievance is filed within twenty (20) calendar days after those events should reasonably have been known or the grievance shall be deemed waived. Within tenThe grievance must include at least one (1) signature of an affected employee.
Section 15. In the event that the internal CWA appeals process for arbitration is being utilized, the Union will promptly notify the employer in writing and indicate the date of Convention that the final step would be considered. In such case, the time limits for requesting a panel of arbitrators will be extended beyond the timeframe set forth in section 3 above as follows:
a.) If the appeal is made to the CWA District Vice President: Time limit extended 30 days.
b.) If the appeal is made to the CWA President: Time limit extended 30 days.
c.) If the 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 next CWA Convention.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance Should differences arise between the University and the Union during the term of this Agreement, an xxxxxxx effort shall be defined as made to resolve such differences promptly and the following procedure shall be adhered to:
1. The time elements in the steps can be shortened or extended by mutual agreement.
2. Working days shall be those days the Supervisor is available to receive the grievance.
B. A Union grievance is a dispute or disagreement raised by an employee against difference between the Employer involving and the Union concerning (1) working conditions or (2) the interpretation or application of the specific provisions any provision of this Agreement and may be processed directly to Step 2 of the Grievance Procedure.
C. Any Employee grievance is a difference between the Employer and any Employee concerning the interpretation or application of any provision of this Agreement.
B. The process D. Any Employee grievance or Union grievance not presented for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, disposition through the Union representative shall, within the time period specified below, inform the Chief or his/her designee grievance procedure in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen ten (1510) calendar days of the knowledge occurrence of the alleged violation of condition giving rise to the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, or within ten (10) calendar days of the meetingdate it is reasonable to assume that the Employee or the Union became aware of the conditions giving rise to the grievance, unless the circumstances made it impossible for the Employee, or for the Union, as the case may be, to know prior to that date that there were grounds for such a claim, the grievance shall not hereafter be considered a grievance under this Agreement.
STEP 2. E. A grievance concerning alleged safety hazards may be processed directly to Step 3.
F. If the grievance is not resolved through answered in a timely manner under Step 1, 2, or 3, it may be processed to the next progressive step of the grievance procedure. In the event the Union may does not appeal the grievance to Step 2 of 4 or Arbitration within the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2time limits specified or as extended, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 considered settled pursuant to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten last step answer or withdrawn without prejudice (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenWWP).
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance 5.1 Any dispute between the City and the Union Guild or between the City and any employee covered by this Agreement concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be defined as deemed a dispute grievance. The Guild or disagreement raised any employee within the bargaining unit who may feel aggrieved by an employee against the Employer involving the Employer’s interpretation or application of the specific provisions terms of this Agreement may seek his/her remedy by the procedure provided in this Agreement. An employee at any time may present a grievance to the City and have such grievance adjusted without the intervention of the AgreementUnion, if the adjustment is not inconsistent with the expressed terms of this Agreement and if the Union has been given notice of the grievance and reasonable opportunity to be present at any meeting called for the resolution of such grievance. Throughout the grievance/arbitration procedure, an aggrieved employee shall have the rights guaranteed by RCW 41.56.080 to represent himself/herself, so long as any resolution is not inconsistent with the terms of this agreement and as long as the Guild has been provided notice and an opportunity to attend any meeting called to resolve the grievance. Nothing in this section shall be construed so as to grant employees the right to proceed to arbitration, which right shall be reserved to the Guild in its discretion in accordance with its duty of fair representation. Grievances regarding suspension, demotion, and termination must be filed at Step 3 of the grievance procedure. There shall be no change in the nature of any grievance after it is filed.
B. The process for commencing and resolving grievances 5.1.1 An employee has the right to have a UnionGuild representative, UnionGuild officer or Shop Xxxxxxx present at each step of the grievance procedure.
5.2 A grievance shall be processed as follows:
STEP 1Step 1 - The grievance shall be submitted in writing to the Parking Enforcement Unit Section Commander within twenty (20) business days of the alleged contract violation. To initiate The grievance shall include a description of the incident and the date it occurred. The parties agree to make every effort to settle the grievance at this stage promptly. The Unit Section Commander should consult and/or arrange a meeting with the employee’s supervisor or such other person as is necessary to resolve the grievance. Within ten (10) business days after being notified of the alleged grievance, the Unit Section Commander shall make arrangements for a grievance meeting and shall answer the grievance in writing within ten (10) business days after the grievance meeting. The Unit Commander shall answer the grievance in writing within ten (10) business days after being notified of the alleged grievance.
Step 2 - If the grievance is not resolved as provided in Step 1, it shall be submitted in writing by the UnionGuild to the Bureau Chief with a copy to the City Director of Labor Relations within ten (10) business days after the receipt of the Step 1 answer. The Step 2 grievance shall state the section(s) of the Agreement allegedly violated, provide a detailed explanation of the grievance, and identify the remedy sought. With Mediation: At the time the aggrieved employee and/or the Union representative shallsubmits the grievance to the Bureau Chief, the Union or the aggrieved employee or the Bureau Chief may submit a written request for voluntary mediation assistance, with a copy to the Alternative Dispute Resolution (ADR) Coordinator, the City Director of Labor Relations and the Union. If the ADR Coordinator determines that the case is in line with the protocols and procedures of the ADR process, within fifteen (15) business days from receipt of the time period specified belowrequest for voluntary mediation assistance, inform the Chief ADR Coordinator or his/her designee in writing describing will schedule a mediation conference and make the nature necessary arrangements for the selection of the dispute, the employee(sa mediator(s). The mediator(s) affected, the contract provision at issue will serve as an impartial third party who will encourage and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt facilitate a resolution to resolve the dispute. The written notice mediation conference(s) will be confidential and will include the parties. A Union Representative and a Labor Negotiator from City Labor Relations may attend the mediation conference(s). Other persons may attend with the permission of grievance must the mediator(s) and both parties. If the parties agree to settle the matter, the mediator(s) will assist in drafting a settlement agreement, which the parties shall sign. An executed copy of the settlement agreement shall be presented provided to the Chief within fifteen (15) calendar days parties, with either a copy or a signed statement of the knowledge disposition of the alleged violation grievance submitted to the City Director of Labor Relations and the Union. The relevant terms of the Labor Agreementsettlement agreement shall be provided by the parties to the department’s designated officials who need to assist in implementing the agreement. The Union If the grievance is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place not settled within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar business days of the meeting.
STEP 2initial mediation conference date, the City Director of Labor Relations, the Bureau Chief and the Union shall be so informed by the ADR Coordinator. The parties to a mediation shall have no power through a settlement agreement to add to, subtract from, alter, change, or modify the terms of the collective bargaining agreement or to create a precedent regarding the interpretation of the collective bargaining agreement or to apply the settlement agreement to any circumstance beyond the explicit dispute applicable to said settlement agreement. If the grievance is not resolved through Step 1mediation, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar business days after receipt of notification from the ADR Coordinator that the grievance was not resolved, the Bureau Chief shall make arrangements for a meeting between the aggrieved employee, Union Representative and/or Union officer or Shop Xxxxxxx, together with the department labor relations representative. The City Director of Labor Relations or his/her designee may attend said meeting. Within ten (10) business days after the meeting, the Bureau Chief shall forward a reply in writing to the Union. Without Mediation: Within then (10) business days after receipt of the Fire Chief’s answer in Step 1. Upon grievance, the referral to Step 2, Bureau Chief shall make arrangements for a meeting will be held between the aggrieved employee, Union Guild Representative and/or Union Guild officer or Shop Xxxxxxx, together with the Unit Section Commander, and departmental labor relations representative. The City Operations Director of Labor Relations or his/her representative, the Fire Chief, the grievant(s), and a Union Representativedesignee may attend said meeting. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within Within ten (10) calendar business days after the Step 2 meeting. Any grievance not appealed in writing , the Bureau Chief shall forward a reply to Step 2 by the Union within ten (10) calendar days shall be considered waivedUnionGuild.
STEP 3. Step 3 - If the grievance is not resolved at as provided in Step 2 above, the grievance, as presented in Step 2, the Union may appeal the grievance to Step 3 by giving written notice as well as a statement of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 UnionGuild identifying in general those issues that remain unresolved, shall be made forwarded by the UnionGuild within ten (10) calendar business days following after the receipt Step 2 answer to the City Director of Labor Relations with a copy to the Chief of Police. The UnionGuild may also include a statement of the EmployerUnionGuild’s final reasons for not accepting the Step 2 answerresponse. Within tenMediation can be requested at Step 3 in the same manner as outlined in Step
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. The purpose of this grievance procedure shall be to settle employee grievances on as low an administrative level as practical. Discipline or disputes involving probationary employees will not be grievable. A grievance shall be defined as a dispute or disagreement raised claim by an employee against or the Employer involving the interpretation Union on behalf of an employee that there has been a violation, misinterpretation or application misapplication of the specific provisions of this agreement. Grievances shall be settled in the Agreement.
B. following manner: The process establishment of the steps for commencing and resolving the formal handling of grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief not prohibit or his/her designee in writing describing the nature discourage discussion between an employee and his supervisor of any matter arising out of the dispute, employee’s relationship with the employee(s) affected, the contract provision at issue Town. An employee with a potential grievance shall meet with a supervisor in an attempt to clear up any misunderstandings and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the disputeissue amicably. If unable to come to a resolution, the employee may proceed to step 1.
Step 1 The aggrieved employee shall present the grievance or dispute in writing to their immediate supervisor within fourteen (14) calendar days of the date of the grievance or his knowledge of its occurrence. The written notice grievance shall be signed and dated by the employee or union representative and include a statement of the grievance must and facts involved, the alleged violation of the agreement, and the remedy requested.
Step 2 If the grievance has not been settled, it shall be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be providedPolice, in writingwriting signed and dated by the grievant or union representative, within ten fourteen (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (1014) calendar days after the Step 2 meetingsupervisor’s response is received. Any grievance not appealed in writing to Step 2 by the Union within ten Within fourteen (1014) calendar days after the Chief of Police receives such grievance, a meeting shall be considered waived.take place with the grievant, the Chief of Policeand a union representative (if requested by the grievant) for the purpose of resolving such grievance. The Chief of Police or a designated representative shall render a decision in writing within fourteen
STEP 3. Step 3 If the grievance is has not resolved at Step 2been settled, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 it shall be appealed to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made Town Manager within ten fourteen (1014) calendar days following after the receipt decision of the Employer’s final Step 2 answerChief of Police or the designated representative is received. Within tenfourteen (14) calendar days after the Town Manager receives such grievance, he or his designated representative shall arrange to and shall meet with the grievant and a union representative, if requested, for the purpose of resolving such grievance. The Town Manager or his designated representative shall render a decision within fourteen (14) calendar days after the meeting.
Step 4 If the grievance has not been settled, the union may submit said grievance to arbitration. Either party shall have the option to choose either the Connecticut State Board of Mediation and Arbitration or the American Arbitration Association; however, if either party chooses A.A.A., then the cost of the arbitrator shall be equally shared. The decision of the arbitrator(s) shall be final and binding.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 5.1 Definition A grievance is a claim by the Association or an Employee that the Employer has violated, misinterpreted, or misapplied this Agreement.
A. 5.2 Procedures Grievances shall be processed as rapidly as possible. The number of days indicated at each step shall be construed as a maximum and every effort shall be made to expedite the process. All time limits shall consist of calendar days, excluding Saturdays, Sundays, holidays as designated by the Illinois School Code, and other days falling during the school term which the Employer has established as “school holidays”. A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be handled as follows:
STEP 15.2.1 Step One An attempt shall be made to resolve any grievance by informal discussion between the grievant involved and his building principal. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting Such discussion shall be held among at a time agreeable to the grievant(s)grievant and such principal.
5.2.2 Step Two If the grievance cannot be resolved at step one, the Union representative and the Fire Chief grievant may file a grievance in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter writing with the Chief prior to filing a grievancebuilding principal. The meeting must take place Such grievance shall be filed within ten (10) days after the date of occurrence of the facts upon which the grievance is receivedbased. The Fire Chief’s response(swritten grievance shall state the nature of the grievance, the provision(s) of this Agreement which the Employer allegedly has violated, and the relief sought. Within ten (10) days after such written grievance is filed, the grievant and the principal or other administrator who has authority to make a decision on the grievance shall be providedmeet to resolve the grievance. Within ten (10) days after such meeting, in writingthe grievant and the Association shall receive a written answer to the grievance which shall explain the reasons for the decision on the grievance.
5.2.3 Step Three In the event the grievance has not been satisfactorily resolved at step two, or the step two time limits expire without the issuance of a written reply, the aggrieved or the Association may file a written appeal of such grievance with the Superintendent of Schools by giving written notice of such appeal within ten (10) calendar days of the step two answer or expiration of the time limit for the step two answer. A copy of such appeal also shall be filed with the administrator who prepared the step two answer. Within ten (10) days after such appeal is filed, the aggrieved, representative of the Association, and the Superintendent or their designee shall meet to resolve the grievance. Within ten (10) days after such meeting, the Superintendent or their designee shall give the aggrieved Employee and the Association a written answer to the grievance, which answer shall state the reasons for the decision of the Superintendent or their designee.
STEP 2. 5.2.4 Step Four If the grievance step three answer is not resolved through Step 1acceptable to the Association or the step three time limits expire without the issuance of a written reply, the Union Association may appeal the grievance to Step 2 of the Grievance Procedure final and binding arbitration by giving written notice of the such appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tentwenty
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A 9.1 Union policy grievances shall commence at Step 2 of the grievance shall be defined as a dispute procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement, or disagreement raised by when an employee against claims that he has been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as followsfollowing manner:
STEP 1. To initiate a grievance, 1 The aggrieved employee or the Union representative shall, within Unit Chair shall present the time period specified below, inform the Chief or his/her designee grievance in writing describing to the nature employee’s Regional Manager within 14 calendar days following the cause of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting grievance must take place within ten (10) days after include all of the grievance is receiveddetails of the cause of the grievance. The Fire Chief’s response(s) shall be provided, Such Regional Manager will render a decision in writing, outlining the reasons for the decision, within ten (10) 14 calendar days following receipt of the meetingwritten grievance.
STEP 2. 2 If the grievance is not resolved through settled at Step 1, the Union Vice-President may appeal the grievance to Step 2 of decision in writing, giving his reasons for the Grievance Procedure by giving written notice of the appeal to Step 2 appeal, to the City’s Operation Director. The referral to Step 2 shall be made in writing to officer designated by the Employer Company, within ten (10) 28 calendar days after following receipt of the Fire Chief’s answer decision rendered in Step 1. Upon Such Company officer will render a decision in writing, giving his reasons for the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing decision within ten (10) 28 calendar days after following receipt of the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedappeal.
STEP 3. 3 If the grievance is not resolved settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 28 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received.
9.1.1 Upon mutual agreement the parties agree to consider using Labour Canada Mediation services as an option to arbitration.
9.2 The arbitrator’s decision shall be final and bind the Company, the Union, and the employee(s) concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to render any decision incompatible with the provisions of this Agreement, nor to consider any matter not pertaining to the present Agreement.
9.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such a decision was due, except as otherwise provided in Clause 9.4. In the event the Company fails to respond to a grievance within the prescribed time limits, the Union may appeal process the grievance to Step 3 from that point onward in accordance with the procedures herein except that the time limits in respect of that grievance from that point onward shall be directory.
9.4 When a grievance based on a claim for unpaid wages is not progressed by giving written notice the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the appeal Company fails to Step 3 render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement.
9.5 The time limits specified herein may be extended by mutual agreement.
9.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the Chair date that such grievance was first submitted in writing.
9.7 Prior to adjudication or final disposition of the City’s Personnel Committee. The referral to Step 3 a grievance there shall be made within ten (10) calendar days following neither a shutdown by the receipt Company nor a work stoppage by employees.
9.8 All time limit restrictions in Article 6 and Article 9 will be automatically extended between the period of the Employer’s final Step 2 answer. Within tenDecember 22 and January 5 inclusive each year.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A The purpose of this grievance procedure is to insure efficiency and promote employee morale. The term “grievance” as used herein means a dispute between the parties over the interpretation, application or violation of this Agreement or of policies and management decisions affecting the employees. In the event of any such grievance, adjustment shall be defined as a dispute or disagreement raised by an employee against the Employer sought in accordance with this Article.
(1) All grievances involving the interpretation or application of the specific provisions terms of this Agreement shall be in writing. It shall be discussed by the Agreementemployee involved and the Chief Shop Xxxxxxx, with the Division Director within three (3) business days.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, (2) In the Union representative shall, event that such grievance is not settled within five (5) business days from the time period specified below, inform it is presented in writing to the Division Director then the Chief Shop Xxxxxxx shall present the grievance to the Chief Executive Director or his/her designee in writing describing the nature of the disputeParking Authority. The grievance shall thereupon be discussed at a meeting consisting of the employee involved, the employee(s) affectedUnion, the contract provision at issue and Chief Shop Xxxxxxx, the remedy soughtChief Executive Director of the Parking Authority or his/her designee. A The meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place conducted within ten (10) business days from the date the grievance is submitted unless the Union and the Parking Authority agree to conduct the meeting at a later date.
C. In the event a grievance is not settled within five (5) business days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days date of the meeting.
STEP 2. If grievance meeting described in Section B-2 above, and the grievance is not resolved through Step 1concerns the interpretation, application or alleged violation of the terms of this Agreement, the Union may appeal submit the grievance to Step 2 binding arbitration before an arbitrator appointed by the New Jersey Public Employment Relations Commission. Such a request for binding arbitration must be submitted in writing by the Union to the New Jersey Public Employment Relations Commission within five (5) business days of the Grievance Procedure date upon which the grievance is denied, or the date upon which the grievance fails to be settled, whichever is earlier.
D. The designated arbitrator shall be bound by giving written notice the provisions of this Agreement and the applicable laws of the appeal to Step 2 State of New Jersey and of the United States. The arbitrator shall be restricted to the City’s Operation Directorquestion of contract interpretation presented. The referral arbitrator shall not have the authority to Step 2 shall be made add to, modify, subtract from, or alter in writing to any way the Employer within ten (10) calendar days after receipt provisions of the Fire Chief’s answer in Step 1this Agreement or any amendment or supplement thereto. Upon the referral to Step 2, a meeting will be held with the City Operations Director or In rendering his/her representativewritten decision, the Fire Chief, arbitrator shall indicate in detail his/her findings of fact and reasons for making the grievant(s), and a Union Representativeaward. The City Operations Director arbitrator shall give conduct the Union arbitration in accordance with the Employer’s Step 2 answer grievance arbitration rules of the Public Employment Relations Commission. The decision and award of the arbitrator shall be final and binding upon the parties and upon all grievances. The costs of the service of the arbitrator shall be borne equally between the Parking Authority and the Union. Any other expenses, including, but not limited to the presentation of witnesses, shall be paid by the party incurring same. Each arbitration shall be limited to one grievance unless otherwise agreed to in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedparties.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Collective Negotiations Agreement
GRIEVANCE PROCEDURE.
A. A grievance 27.01 Employees who feel that they have been unjustly dealt with by the Company, or complaints raised by employees concerning the application, interpretation or alleged violation of this collective agreement shall be defined as a dispute or disagreement raised by an employee against dealt with in the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as followsfollowing manner:
STEP 1. To initiate a Step 2 Within fourteen (14) calendar days from the cause of grievance, the employee, Local Chairperson or authorized committee member may present the grievance in writing to the Director of Operations, who in turn, will provide a decision within fourteen (14) calendar days from the date of receiving the appeal from the Union. Within forty-five (45) calendar days from receiving the decision at Step 1, the Regional Representative of the Union representative shall, within may appeal in writing to the time period specified below, inform Company’s Sr. Vice President for Western Canada (attention Labour Relations). The Regional Representative of the Chief or Union can request a meeting (Joint Conference) with the Sr. Vice President of his/her designee in writing describing designate within thirty (30) calendar days following the nature Union's Step 2 submission to review and discuss the grievance with the aim of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve resolving the dispute. The written notice of grievance must be presented to the Chief Company will provide a final response within fifteen thirty (1530) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union parties’ Joint Conference, or, if a Joint Conference is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writingnot requested, within ten forty-five (1045) calendar days of receipt of the meetinggrievance.
STEP 2. If 27.02 A grievance concerning the grievance is not resolved through Step 1, the Union may appeal the grievance to discipline or discharge of an employee will commence at Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer grievance procedure within ten forty-five (1045) calendar days after receipt from the date the employee is notified of the Fire Chief’s answer in Step 1assessment of discipline. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representativeOn request, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give Regional Representative of the Union shall be provided with all evidence in the Employer’s Step 2 answer in writing within ten case.
27.03 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of ninety (1090) calendar days after prior to the date that such grievance was submitted at Step 2 meeting. Any 1 of the grievance procedure.
27.04 When a grievance other than one based on a claim for unpaid wages is not appealed in writing to Step 2 advanced by the Union within ten (10) calendar days shall the prescribed time limits, the grievance will be considered waivedas dropped. When the appropriate officer of the Company does not render a decision within the prescribed time limits with respect to such a grievance, the grievance will be advanced by the Union to the next step of the grievance procedure.
STEP 3. If 27.05 When a grievance which is based on a claim for unpaid wages is not advanced by the Union within the prescribed time limits, the grievance is not resolved at Step 2considered as dropped. When the appropriate officer of the Company fails to render a decision on a claim for unpaid wages within the prescribed time limits, the Union may appeal the grievance to Step 3 by giving written notice claim will be paid. The application of this Article shall not constitute a precedent or interpretation of the appeal to Step 3 to collective agreement by either party.
27.06 The time limits as set out in this Article may be extended by mutual agreement between the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenUnion Representative and Company Officer at any step.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance All grievances arising between the Union and the Employer shall be defined as settled in accordance with the following procedures and terms of this Article. Extensions of timelines can be granted by mutual agreement by both parties in writing. Both parties shall make a reasonable effort to settle the dispute or disagreement raised by an employee against the Employer involving the interpretation or application before written submission of the specific provisions of the Agreementgrievance.
B. The process for commencing and resolving grievances shall be as follows:
STEP Step 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen Within fourteen (1514) calendar days of the knowledge date of the alleged violation of event giving rise to the Labor Agreementgrievance, the employee, and the Union Representative shall submit the grievance letter to the Supervisor and Human Resources Director. The Union is encouraged to discuss written grievance shall set forth the matter with specific acts that constitute the Chief prior to filing a basis for the grievance. The meeting must take place Supervisor, Grievant and Union Representative shall meet within ten fourteen (1014) calendar days after of submission of the grievance for the purpose of resolving the grievance. Supervisor shall provide a written answer to the grievance within fourteen (14) calendar days following the grievance meeting.
Step 2. In the event the grievance is receivednot resolved in Step 1, the Union shall submit a Step 2 grievance to the Human Resources Director or designee within fourteen (14) calendar days of receipt of the Step 1 grievance decision. The Fire Chief’s response(s) meeting shall be providedheld within fourteen (14) calendar days following receipt of the written grievance and shall be attended by the Union Representative, Grievant, and Human Resources Director. Management shall provide a written answer to the Union within fourteen (14) calendar days following the grievance meeting.
Step 3. In the event the grievance is not resolved in writingStep 2, the Union may within ten fourteen (1014) calendar days following the decision given in Step 2, submit the grievance in writing to the Executive Director or designee, who will meet with the employee and the Union Representative within fourteen (14) calendar days to settle the grievance. Management shall provide a written response to the grievance within fourteen (14) calendar days of the meeting.
STEP 2Step 4. If In the event the grievance is not resolved through in Step 13, the Union grievance may appeal the grievance be submitted to Step 2 of the Grievance Procedure binding arbitration or by giving written notice of the appeal to Step 2 to the City’s Operation Directormutual agreement, mediation may be requested through Federal Mediation Conciliation Services. The referral to Step 2 shall request for mediation or arbitration must be made in writing to the Employer submitted within ten fourteen (1014) calendar days after of the receipt of the Fire ChiefManagement’s answer decision referenced in Step 13. Upon In the referral event there is no resolution at mediation, either party has the right to Step 2, a meeting will be held with move the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing process to arbitration within ten fourteen (1014) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenmeeting.
Appears in 1 contract
Samples: Tentative Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute is any dispute, controversy, or disagreement raised by difference between either the parties or the Utility and an employee against or employees in the Employer involving bargaining unit concerning the interpretation meaning, interpretation, or application of this Agreement; however it is agreed that a dispute, controversy or difference shall not be a grievance until it has first been discussed by the specific provisions employee with his immediate supervisor without satisfactory adjustment. The procedure set forth herein shall be the sole and exclusive forum for the adjustment of the disputes and differences arising under this Agreement.
B. The process for commencing and resolving grievances shall Grievances may be as follows:
STEP 1initiated by an employee or group of employees in the bargaining unit or the Union. To initiate a If the Union initiates filing the grievance, it may skip the Union representative shallfirst two steps of the grievance procedure, and file the grievance directly to the third step of the procedure.
C. Any grievance not initiated or appealed to the next step within the time period limits specified below, inform will be considered settled on the Chief or his/her designee in writing describing the nature basis of the dispute, last answer by the employee(s) affected, the contract provision at issue and the remedy soughtUtility. A meeting shall Time limits may be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days extended by mutual agreement of the knowledge of the alleged violation of the Labor Agreementparties.
D. An employee presenting a grievance shall decide whether or not he wishes to be represented by a Union representative. The Union is encouraged to discuss shall be notified in writing of all grievances filed where the matter with the Chief prior to filing a grievanceemployee does not seek Union representation. The meeting employee may process his or her own grievance through the third step of the procedure; however, any settlement must take place within ten (10) days after be consistent with this Agreement and the Union shall be apprised in writing of the terms of the settlement. An employee choosing not to be represented by the Union shall not have the right to bring his or her grievance to arbitration without Union sanction.
E. In no case shall there be a strike by any employee or group of employees as defined in Article 5, Section H over a grievable matter, either before a grievance is receivedfiled, while it is pending, or following its final settlement. The Fire Chief’s response(s) Any such work stoppage shall be providedcause for immediate discharge as provided for by Article 8, in writingSection C.
F. Hearings and conferences held under this procedure shall be conducted at times set by the Utility representative involved, within ten (10) calendar days with preference given to scheduling said hearings and conferences during regular working hours. If such times are during the employee's and/or Union representative's normal working hours, they shall be compensated for the time spent by the Utility according to their normal rate of the meeting.
STEP 2pay. If the grievance is not resolved through Step 1, times set are outside the normal working hours of the employee and/or the Union may appeal representative, they shall not be compensated by the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting Utility.
G. Grievances will be held with processed in the City Operations Director following manner within the stated time limits except that grievances over discipline or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall discharge may be considered waivedgrieved under Section H of this Article.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A The Corporation accepts a two stage grievance shall be defined as a dispute or disagreement raised procedure and the Union Committee (maximum 3 members designated by an employee against the Employer involving District Representative) to attend meetings. Step Within fifteen days from the interpretation or application date of the specific provisions incident the grievance will be presented in writing at Stage In the event of a time claim, the fifteen days will begin from the date of rejection of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the disputeTime Claim. The written notice of appropriate manager or party hearing the grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged will arrange, if necessary, a meeting to discuss the matter with issue and will respond in writing within days from the Chief prior to filing a date of receiving the grievance. The meeting must take place within ten (10) days after Step After receiving the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1Stage I reply, the Union may appeal advance the grievance within thirty days to review the response at Stage I and if deemed necessary advance the grievance to Step 2 The General Manager or party hearing the grievance will arrange a meeting at which time the Union District Representatives (maximum 3 members) will be present. Appropriate management personnel may be present. The party- receiving the grievance will have thirty days from the-date of receiving the grievance to review the and respond in writing. A grievance not progressed with the time limits specified shall be dropped and shall not be subject to further appeal. A grievance in which a decision is not rendered by the designated officer of the Grievance Procedure by giving written notice Corporation at Steps I and II within the time limits specified in such steps, shall be considered settled in favour of the appeal to Step 2 to employee concerned and the City’s Operation DirectorUnion. The referral to Step 2 A settlement under such circumstances shall be made not constitute a precedent or waiver of the contentions of the Corporation in writing to the Employer within ten (10) calendar such matters. Within thirty days after of receipt of the Fire Chief’s answer in Step 1Stage II written decision, the grievance may be advanced to arbitration. Upon The Arbitrator shall be mutually agreed to; failure to agree, the referral to Step 2, a meeting Minister of Labour will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representativerequested to appoint an arbitrator. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice expenses of the appeal Arbitrator will be shared equally. Time limits can be extended by mutual agreement. The grievance procedure will the Union's right to Step 3 initiate a policy grievance at Stage II. Either party will have the right to require the Chair to be present at any stage of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tengrievance
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. 9 This Article establishes the exclusive procedure for the processing and 10 settlement of grievances. All grievances shall be processed solely in 11 accordance with the procedures set forth in this Article. A grievance shall be is 12 defined as a any dispute or disagreement raised by an employee against claim arising out of or relating to the Employer involving the interpretation interpre- 13 tation or application of this agreement. 15 The parties agree to encourage discussions between employees and 16 supervisors prior to implementing the official steps as outlined in this 17 Article. 18 The parties agree that legal counsel shall not attend grievance hearings 19 through Step 3 of the formal process. 20 21 When employees are required to attend a grievance hearing as a griev- 22 ant, University witness, or Union representative, they will only be paid 23 for the time spent in attending grievance hearings when such time coin- 24 cides with their regularly scheduled working hours. When a grievance 25 is filed by more than one employee, the grievance will identify one of 26 those employees who shall represent the class of grievant at each step 27 of the grievance procedure. Neither party shall be responsible for the 28 expense of witnesses called by the other party, including lost work time. 29 30 Without a compelling reason for absence, a grievance will be dismissed 31 when the grievant fails to be present at any one of the hearings of the 32 steps of the grievance procedure. 33 34 “Working day” within the meaning of this Article is defined as Monday 35 through Friday, excluding all paid holidays. Whenever the University 36 fails to meet the time limits required in this Article, the grievance at 37 issue may be appealed to the next step. Whenever the Union or grievant 38 fails to meet the time limits required in this Article, the grievance shall 39 be regarded as settled on the basis of the University’s last response or 1 position. Initial steps and time limits of this Article may be waived by 2 mutual written agreement, of the Union and the University. 3 4 No Step 1 or 2 grievance settlement shall establish precedent or practice 5 for either the Union or the University. A grievance may be withdrawn at 6 Steps 1 or 2 without prejudice or precedent. 8 When the Union alleges that the University has violated a specific provi- 9 sion or provisions of this agreement, so as to allegedly violate employ- 10 ees’ rights under the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature terms of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1agreement, the Union may appeal initiate a 11 grievance at Step 3 of this procedure. 12 13 No employee shall be discriminated against for participating in the 14 grievance procedure. 16 Employees who have filed a grievance shall have the right to Step 2 be present 17 personally at any stage of the Grievance Procedure Procedure. However, an 18 employee may waive the right to be present. The employee may be ac- 19 companied by giving written notice a Union representative. Union representatives may assist 20 employees who wish to file grievances. 21 At each step of the appeal to Step 2 grievance procedure, each party shall present the 22 facts and documents known to the City’s Operation Directorparty at the time to support its posi- 23 tion on the grievance. The referral to Step 2 Additional information requested by either party 24 in writing shall be made provided in writing keeping with applicable labor law prior to 25 the Employer within ten (10) calendar days after receipt next step of the Fire Chief’s answer in grievance procedure. 26 27 The steps of the grievance procedure shall be:
29 Step 11 30 An employee who wishes to pursue a grievance must submit a complet- 31 ed and signed grievance form to management within five (5) working 32 days from the date on which the cause of the complaint occurred or from 33 the date the aggrieved employee had reason to know of its occurrence. Upon the referral to Step 2, a meeting 34 Management will be held meet with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a employee and/or Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing representative 35 within ten five (105) calendar working days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following from the receipt of the Employer’s final grievance form, and 36 will provide a response within five (5) working days from the date of the 37 Step 1 meeting. 38
1 Step 2 answer. Within ten2 If the immediate supervisor’s answer does not resolve the grievance and
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A For the purpose of this Agreement, a grievance shall be defined as a is any difference or dispute or disagreement raised by between the Employer and the Union, an employee against the Employer involving or group of employees concerning the interpretation or application of the specific provisions of the this Agreement. The parties agree to make prompt and xxxxxxx efforts to resolve such matters.
B. (a) The process procedure for commencing and resolving grievances handling a grievance pertaining to any such difference or dispute which may arise under this Agreement, shall be as follows:, except that grievances involving disciplinary suspensions, transfers or terminations may be taken directly to Step 3.
STEP 1Step 1 The Union and the immediate supervisor shall attempt to resolve any disputes or differences covered by this Article at the time they arise, or as soon as practicable thereafter. To initiate In the event they are unable to resolve the issue, the grievance shall be reduced to writing by the Union, and the grievance will state a summary of the facts, the specific portion of the Agreement allegedly violated and the date the alleged violation occurred, and will be signed by the grievant and submitted to the Employer's designated representative within fifteen (15) business days from when the grievant knew or should have known of the facts giving rise to the grievance.
Step 2 All grievances, other than those concerning discharge or suspension, shall be 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 ten (10) business days of the written grievance. A written decision by the Employer shall be rendered within ten (10) business days of the Step 2 meeting. If the grievance is not deemed resolved after the Step 2 meeting, the Union representative shall, shall request a Step 3 meeting within the time period specified below, inform the Chief or his/her designee in writing describing the nature ten (10) business days of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s)Employer's Step 2 written decision.
Step 3 Following a request for a Step 3 meeting, the Union representative and the Fire Chief Employer representative, who, if practicable, shall not be the person who participated in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days either Step 1 or Step 2 on behalf of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place Employer, shall meet within ten (10) days after business days. A written decision by the grievance is received. The Fire Chief’s response(s) Employer shall be provided, in writing, rendered within ten (10) calendar business days of the Step 3 meeting. For all discharge and suspension grievances, the designated Union representative and the designated Employer representative will meet within ten (l0) business days of the receipt of the grievance notice in an attempt to resolve the issue.
STEP 2. If the grievance is (b) All grievances not resolved through at Step 1, 3 may be submitted at the request of either party to an arbitrator whose decision shall be final and binding on the Union may appeal and the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation DirectorEmployer. The referral to Step 2 shall demand for arbitration must be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenfifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, raised within ten (10) calendar days of the meetingoccurrence of the event giving rise to the grievance or the time at which the grievant reasonably should have become aware of the event giving rise to the grievance. A grievance may be initiated by the Labor Council or an aggrieved represented officer. If the Labor Council files a grievance, it shall be initiated at Step 2 of the procedure. Grievances involving suspension or termination shall be initiated at Step 3 of the procedure. If the City fails to provide an answer within the time limits so provided, the Labor Council or Grievant may immediately appeal to the next step. The grievance procedure is not available to the City and the City need not follow it prior to taking disciplinary legal action against any represented officer or against the Labor Council. The parties may mutually agree in writing to extend any time limits. A grievance shall be processed as follows:
STEP 1: Any represented officer may submit a written grievance with the officer’s immediate supervisor. The supervisor shall then attempt to resolve the matter and shall respond in writing within ten (10) calendar days after submittal.
STEP 2. : If the grievance is not resolved through settled at Step 11 and the represented officer, or the Union may Labor Council if a Labor Council grievance, wishes to appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 grievance procedure, it shall be made submitted in writing to the Employer Patrol Commander or his/her designee within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon The grievance shall specifically state the referral basis upon which the grievant believes the grievance was improperly denied at the previous step in the grievance procedure. The Police Commander or designee shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within ten (10) calendar days with the grievant and an authorized Labor Council representative, if one is requested by the represented officer, at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Commander or designee shall provide a written answer to the grievant or to the Labor Council if a Labor Council grievance, within ten (10) calendar days following their meeting. If the grievance is not settled at Step 2 and the represented officer, or the Labor Council if a Labor Council grievance, wishes to appeal the grievance to Step 23 of the grievance procedure, it shall be submitted in writing designated as a meeting will be held with “grievance” to the City Operations Director Chief of Police or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing designee within ten (10) calendar days after receipt of the City’s answer in Step 2 meeting2. Any The Chief of Police or his/her designee shall investigate the grievance not appealed and, in writing the course of such investigation, shall offer to Step 2 by discuss the Union grievance within ten (10) calendar days shall be considered waived.
STEP 3with the grievant and an authorized Labor Council representative, if one is requested by the represented officer, at a time mutually agreeable to the parties. If no settlement of the grievance is not resolved at Step 2reached, the Union may appeal the grievance to Step 3 by giving Chief of Police or his/her designee shall provide a written notice of the appeal to Step 3 answer to the Chair of grievant or to the City’s Personnel Committee. The referral to Step 3 shall be made Labor Council if a Labor Council grievance, within ten (10) calendar days following their meeting. If the grievance is not settled at Step 3 and the represented officer, or the Labor Council if a Labor Council grievance, wishes to appeal the grievance to Step 4 of the grievance procedure, it shall be submitted in writing designated as a “grievance” to the City Administrator or his/her designee within ten (10) calendar days after receipt of the EmployerCity’s final answer in Step 2 answer3. Within tenThe City Administrator or his/her designee shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within ten (10) calendar days with the grievant and an authorized Labor Council representative, if one is requested by the represented officer, at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the City Administrator or his/her designee shall provide a written answer to the grievant or to the Labor Council if a Labor Council grievance, within ten (10) calendar days following their meeting.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1: The purpose of the grievance procedure shall be to settle all Union and/or employee grievances as quickly as possible, so as to ensure efficiency and promote employee morale within the Department. The union must file a grievance within twenty one (21) days of first knowledge of the employee of the events precipitating the grievance. If the grievance filed seeks a financial obligation by the City, the Union must notify the City as soon as the issue is known and not less than within the (10) days.
A. Section 2: A grievance shall be defined as considered to be a dispute Union and/or employee complaint concerned with: Discharge, suspension, or disagreement raised by other disciplinary action; Interpretation and application of Fire Department rules & regulations; Alleged violation of any of the terms of this Agreement; and all conditions of employment.
Section 3: Should the Union or an employee against feel aggrieved, the Employer involving the interpretation or application adjustment of the specific provisions grievance shall be sought as follows: The Union shall submit the details of such grievance in writing to the Chief of the Agreement.
B. The process Fire Department or his designee. Within fifteen (15) days thereafter, the Chief or his designee shall meet with the Union for commencing and the purpose of adjusting or resolving grievances shall be as follows:
STEP 1such grievance. To initiate a grievanceIf such grievance is not resolved to the satisfaction of the Union by the Chief or his designee within five (5) days after said meeting, the Union representative shall, within the time period specified below, inform the Chief or his/her designee may submit such grievance in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of after said reply from the knowledge of Chief, to the alleged violation of the Labor AgreementCity Manager. The Union is encouraged to discuss the matter with the Chief prior to filing City Manager shall render a grievance. The meeting must take place written decision within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2receiving said grievance. If the grievance is not resolved through Step 1still unsettled, either party may within fifteen (15) days after the reply of the City, by written notice to the other, request arbitration.
Section 4: The arbitration proceeding shall be conducted by an arbitrator to be selected by the Union and City within seven (7) days after notice has been given. If the parties fail to select an arbitrator, either party may appeal request the grievance to Step 2 assignment of an arbitrator by the American Arbitration Association, or the Maine Board of Arbitration and Conciliation. The decision of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 arbitrator shall be made in writing to binding and final on the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s)parties, and a Union Representative. The City Operations Director the arbitrator shall give the Union the Employer’s Step 2 answer be requested to render his decision in writing within ten thirty (1030) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 conclusion of the testimony and argument.
Section 5: Expenses for the arbitrator’s services and the proceedings shall be shared equally by the Union within ten (10) calendar days and City. However, each party shall be considered waived.
STEP 3responsible for compensating its own representatives or witnesses. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice either party desires a verbatim record of the appeal proceedings, it may cause such a record to Step 3 be made, providing it pays for the record and makes copies available to the Chair of other party and to the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenarbitrator.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as Should a dispute or disagreement raised by an employee against the Employer involving grievance arise as to the interpretation or application of this agreement, there shall an xxxxxxx on the specific provisions part of the Agreement.
B. parties hereto to settle same through the following steps: The process for commencing dispute or grievance shall first be taken orally within ten (16) working days of the occurrence by a conference between the shop xxxxxxx and resolving grievances shall be as follows:
STEP the supervisor. Should there than one (1. To initiate a grievance, ) supervisor present at the the Union representative shallmay, at its discretion, have number of shop stewards attend. If the dispute or grievance is not settled by Step two (2) working days, then within two (2) additional working days the time period specified below, inform the Chief dispute or his/her designee in grievance may be reduced to writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of Manufacturing Services Manager The Manufacturing Services Manager shall render a decision in writing stating the knowledge of the alleged violation of the Labor Agreementreasons therefor. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the such settled dispute or grievance is not resolved through satisfactorily by Step 1within an additional five (5) working days, the Union may appeal the dispute or grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall within an additional two (2) working days, be made further presented in writing to the Employer within ten (10) calendar days after receipt of Manufacturing, which event a conference shall be held promptly between the grievance of the Fire Chief’s answer in Step 1. Upon Union and the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union RepresentativeVice-president of Manufacturing and/or his representatives. The City Operations Director Vice-president of Manufacturing shall give render a decision in writing stating the reasons therefor. If such dispute or grievance is not settled by Step within an additional five working days, then the dispute or grievance shall be submitted to arbitration if either the Union or the Employer’s Step 2 answer Company so requests in writing within ten an additional thirty (1030) calendar days after days. If such request for arbitration is made, then the Step 2 meetingarbitration shall proceed before a board of arbitration in accordance with ARTICLE hereof. Any Such written request shall contain the name of the nominee to the arbitration board. The involved in particular dispute or grievance not appealed in writing to Step 2 by be present at any of the Union within ten (10) calendar days steps or at the arbitration only at the request of either the Company or the Union. Every dispute or grievance shall be considered waived.
STEP 3. If conclusively deemed abandoned unless the grievance procedure set forth above is not resolved timely followed, it being understood that the time limits set forth above are of the essence. The Union or the Company may initiate a grievance in, writing at Step 2of the grievance procedure. Such grievance shall be a grievance connection with the administration, interpretation alleged violation, or application of this agreement The set out in this ARTICLE be extended only by mutual agreement of the parties. The parties agree that the of the Company which are the subject of a dispute or grievance shall be complied with pending the processing and arbitration of such dispute or grievance. When an employee is for a meeting or discussion he will be told if it is €or disciplinary reasons. so, or if a discussion evolves into a disciplinary meeting, the Union may appeal shall have the grievance right to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall request that a xxxxxxx be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenpresent
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as If a dispute or disagreement raised by an employee against difference arises between: the Employer involving and an or the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing Employer and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shallconcerningthe interpretation, within the time period specified belowapplication, inform the Chief operation or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the any alleged violation of the Labor Agreement. The , the the Union is encouraged or the Employer shall have the right to discuss the matter with the Chief prior to filing file a grievance. Nothing in this provision deprives employees of any rights or remedies to which they are entitled in any legislation includingthe transfer legislation. Grievancesinvolvingthe interpretation, application, operation or any alleged violation of the Agreement must have the approval and support of the bargaining agent. This grievance procedure is not intended to preclude any consultation process between the employees, their Union and Management which will normally occur in the process of resolving problems. Where this level of consultation occurs, the time limits in Stage will be extended by the appropriatenumber of days. The following procedure will be used for the resolution of differencesreferred to in clause Stage Prior to submitting a written grievance, and within ten (10) days of the matter giving rise to the difference,or within ten (10) days, of the employee becoming aware of the matter giving rise to the difference,the employee will first try and resolve the difference by speakingwith the Managing Director. The Managing Director will respond verbally to the issue within ten (10) days of the meeting must take place with the employee. In calculating the ten (10) day period referred to above only days during which the employee is actively at work shallbe counted. Where an employee commences a leave period during the ten (10) 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 ten (10) day period as calculated above in which to file the grievance. The Managing Director will document grievances resolved at Stage specifyingthe contractclause involved and the agreed upon remedy. A copy will be distributed to the Union. Stage If the grievance is not settled to the employee's satisfaction at Stage then, within ten (10) days after the expiry of time limits set out in Stage the employee may submit a written grievance is receivedto the Managing Director, includingthe redress requested. The Fire Chief’s response(s) shall be provided, in writing, within Within ten (10) calendar days of the meeting.
STEP 2receipt of the grievance, the Managing Director shall give written response delivered confidentially to the employee and the Union representative. If the grievance is not resolved through Step 1satisfactorilysettled under Stage then the grievance may be referred to arbitration, within twenty (20) days of the expiry of the time limits set out in Stage The time limits set out in the Grievance and Arbitration procedures are mandatory and not directory. In calculating all time limits, Saturdays, Sundays, and holidays shall be excluded. If the time limits set out in clauses and 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 Union, at its option, may appeal either advance the grievance to Step 2 the next stage or await the Employer's response in which case no time limit shall run against the Union until it has received the Employer's response. Employees shall have the right to be represented at any stage of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Directorgrievanceprocess. The referral to Step 2 and the Union representative shall be made in writing given leave with pay to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representativeattend such meetings. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If given full opportunity to present evidence and make representations throughout the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenprocedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against 10.01 It is the Employer involving the interpretation or application mutual desire of the specific provisions of Corporation and the Agreement.
B. The process for commencing Union that all complaints and resolving grievances shall be resolved as follows:quickly as possible in the interests of good labour relations.
STEP 1. To initiate a grievance10.02 Any difference or dispute between the Corporation and any Employee, group of Employees or the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented relation to the Chief within fifteen (15) calendar days interpretation, application, alleged violation, or administration of this Agreement, including any question as to whether a matter is arbitrable, may be the knowledge subject of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after parties agree that they will make an xxxxxxx effort to settle such differences/disputes as quickly as possible.
10.03 Time limits for all steps of the entire grievance and arbitration procedure may be extended in writing by mutual consent.
10.04 For the purposes of the grievance, mediation and arbitration procedures, “days” shall exclude Saturday, Sunday, and designated holidays listed in Article 22.
10.05 Replies to grievances shall be in writing at all stages of the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meetingprocedure.
STEP 210.06 In the event a unionized Employee takes an action that another unionized Employee or the Union interprets as a violation of this Agreement or Employer policy, rather than triggering the formal grievance process articulated herein, the Union and/or the Employee shall work with the Employer to resolve the matter apart from the formal Grievance process. If the grievance complaint or concern is not settled to the mutual satisfaction of the Parties, it may be referred to the formal Grievance and Arbitration procedure as set out in this Agreement.
10.07 Grievances shall be dealt with in the following manner:
(a) Step 1 – Resolution Meeting In an effort to amicably resolve issues at an early stage, an Employee shall request and attend a meeting with their Supervisor and the Unit Chair to discuss their specific concern(s) at the earliest available date, but no more than seven (7) days from the time at which the concern arose, before filing a written grievance. To be considered a Step 1 – Resolution Meeting, both parties must clearly understand that the meeting is occurring in accordance with this Article. If the matter is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union 1 – Resolution Meeting, then within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenno more than seven
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. The following procedure shall be utilized in the processing of employee grievances: Step One A grievance must be in writing. A grievance shall be defined as a dispute or disagreement raised signed by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief Grievant or his/her designee in writing describing authorized designee. In the nature case of a grievance on behalf of the disputeAssociation, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting grievance shall be held among signed by the grievant(s), the Union representative and the Fire Chief in attempt to resolve the disputeAssociation’s authorized representative. The written notice of grievance must Grievances shall be presented submitted to the Chief Supervisor who is most directly involved in the matter that is the subject of the grievance, within fifteen (15) calendar days workdays of the knowledge date the Grievant or the Association knew or reasonably should have known of the alleged violation event, act, or occurrence giving rise to the grievance. Copies of the Labor Agreementgrievance shall be concurrently served upon the Assistant Superintendent for Human Resources and Employee Relations and the Association. Within ten (10) workdays of receipt of the grievance, the supervisor shall meet with the Grievant and, if requested, the designated representative of the Association and/or the Association’s Executive Director, in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The Union is encouraged supervisor shall provide the Grievant and the Association Representative with a written answer to discuss the matter with the Chief prior to filing a grievance. The meeting must take place Grievant within ten (10) days after workdays of the grievance is receivedStep One meeting. All written grievances must contain the following items:
a. The provision allegedly violated;
b. The date of the alleged violation;
c. A description of the incident or occurrence giving rise to the grievance;
d. A statement of how the employee was injured by the Employer’s action and the relief sought;
e. A list of those witnesses believed to have personal first hand knowledge of the incident or occurrence giving rise to the grievance. The Fire Chief’s response(s) shall list of witnesses may be provided, in writing, within ten (10) calendar days supplemented at any time as additional witnesses become known to the grievant or the Union;
f. The signature of the meeting.
STEP 2grievant(s). File If the grievance Grievant or the Association is not resolved through satisfied with the decision of the supervisor at Step 1One, the Union Grievant or Association may appeal the grievance to Step 2 of the Grievance Procedure Two by giving filing a written notice of appeal with the Assistant Superintendent for Human Resources and Employee Relations (or other designated representative of the Employer) no later than ten (10) workdays following the date the Association Representative received, or should have received, the Supervisor’s answer at Step One. Within ten (10) workdays of receipt of the grievance at Step Two, by either appeal or automatic advancement, the Assistant Superintendent for Human Resources and Employee Relations (or other designated representative of the Employer) shall meet with the Grievant and, if requested by the Grievant, the designated representative of the Association and/or the Association’s Executive Director in an effort to Step 2 resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The Assistant Superintendent for Human Resources and Employee Relations (or other designated representative of the Employer) shall provide the Grievant and the Association Representative with a written answer to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer grievance within ten (10) calendar days after receipt workdays of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 Two meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance Association is not resolved satisfied with the decision of the Assistant Superintendent for Human Resources and Employee Relations* Step Two, or if no answer has been provided to the Grievant and the Association at Step 2Two within the time permitted for doing so, the Union Association may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel CommitteeThree Arbitration. The referral to Step 3 Grievances shall be made arbitrated separately unless otherwise agreed in writing between the Employer and the Association. • File a written Demand for Arbitration with the Assistant Superintendent for Human Resources and Employee Relations* no later than ten (10) workdays following the date the Association Representative received, or should have received, an answer at Step Two. • The Association’s Executive Director and the Assistant Superintendent for Human Resources and Employee Relations* shall attempt to agree on the selection of an Arbitrator. • If agreement cannot be reached within ten (10) workdays of the Demand for Arbitration the Association shall have up to thirty (30) calendar days following the receipt date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). • The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration hearing; in effect at the time the Association’s Demand for Arbitration is filed. • All hearings shall be held at a mutually agreeable site. • The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. • The fees and approved expenses of the Arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses shall be borne by the party incurring them. • The Arbitrator shall mail the decision directly to the parties within thirty (30) calendar days of the close of the arbitration hearing, or such later date as approved by the parties. • The Arbitrator’s decision established by this Agreement shall be final Step 2 answer. Within tenand binding upon the Employer, the Association and the employee or employees involved.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against between the Employer involving the parties to this Agreement which involves interpretation or application of the specific provisions express terms of the Agreement.
B. The process for commencing and resolving grievances this Agreement shall be as follows:
STEP 1settled in the following manner. To initiate a grievanceA grievance may be filed by either the Town, the Union representative shall, within or an employee in the time period specified below, inform the Chief or his/her designee in writing describing the nature bargaining unit. A grievance must contain a statement of the disputeclaim, the employee(sspecific Article(s) affected, of the contract provision at issue allegedly violated and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreementrelief requested.
Step 1. The Union is encouraged to discuss representative, with or without the matter aggrieved employee, shall take up the grievance or dispute informally with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If date of the grievance is not resolved through Step 1or dispute, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representativeknowledge of occurrence. The City Operations Director Chief shall give attempt to adjust the Union the Employer’s Step 2 answer in writing matter within ten (10) calendar days after the date the grievance or dispute was discussed.
Step 2 meeting2. Any If the matter has not been satisfactorily resolved or if the Chief has not given a reply within the ten (10) days, the grievance not appealed will then be reduced to writing and presented to the Chief within (5) calendar days after the decision in Step 1. was due or received, whichever is earlier. The Chief shall render his/her decision in writing to Step 2 by the Union within ten (10) calendar days shall be considered waiveddays.
STEP Step 3. If the grievance or dispute still remains unadjusted or if no answer is not resolved at Step 2received from the Chief, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 it shall be presented to the Chair of Town Manager in writing within fifteen (15) calendar days after the City’s Personnel Committeeresponse from the Chief was received or due, whichever is earlier. The referral to Step 3 shall be made within Within ten (10) calendar days following of the receipt of the Employer’s grievance, the Town Manager or designee shall contact the Union representative and/or the aggrieved employee to schedule a meeting. The Town Manager shall respond to the Union representative in writing within twenty (20) days after such meeting. By agreeing to meet with the Union representative and/or aggrieved employee, the Town Manager is explicitly not waiving any arguments regarding the arbitrability of such grievance.
Step 4. If the grievance is still unsettled or if no answer is received from the Town Manager, the Union and only the Union may, within twenty (20) calendar days after the reply for the Town Manager is due or is received, whichever is earlier, petition the American Arbitration Association or Massachusetts Board of Conciliation and Arbitration for arbitration, with written notice thereof to the Town Manager. Any such request for arbitration shall include the specific Articles of the contract allegedly violated, the issue involved, and the precise remedy requested. The Union shall not be allowed to raise issues, remedies, or provisions of the contract unless it had raised them during the previous Steps of the grievance procedure. The Arbitration proceedings shall be conducted by an Arbitrator selected from the list of arbitrators, using the American Arbitration Association or the Massachusetts Board of Conciliation and Arbitration as the parties agree.
Step 5. The decision of the arbitrator shall be final Step 2 answerand binding on the parties involved and the arbitrator shall be requested to issue his/her written decision within thirty (30) days after the conclusion of testimony and argument. Within tenThe decision of the arbitrator shall be limited in scope to the specific point of difference submitted to him/her and shall have no power to add to, subtract from, modify, or amend any of the provisions of this agreement. Grievances may be settled at any step of this procedure until the final issuance of a decision by an arbitrator.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance All questions, disputes, and controversies arising under this Agreement, or any supplement hereto, shall be defined adjusted and settled within the terms and conditions as a dispute or disagreement raised set forth in this Agreement, in the manner provided by an employee against the Employer involving the interpretation or application of the specific provisions of the this Article, unless otherwise expressly provided in this Agreement.
B. . The process procedure for commencing such adjustment and resolving grievances settlement shall be as follows:
: STEP 1Any grievance of an employee shall first be taken up between such employee and the Company supervisor. To initiate However, such employee will be entitled to be accompanied by a Shop Xxxxxxx or Union representative. Time limit to institute a grievance, the Union representative shall, within the time period specified below, inform the Chief : Termination or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within layoff ten (10) days after All others thirty (30) days STEP Failing settlement under Step such grievance shall be taken up between the Company supervisor, and a Shop Xxxxxxx or Local Union representative. Step must be completed within ten calendar days from the completion of Step Failing settlement under Step the grievance is received. The Fire Chief’s response(s) shall be providedtaken up in a presentation to a Grievance Board, hereinafter referred to as the "Board", consisting of two (2) Union representatives, selected by the Union, and two (2) Company representatives appointed in writingby an officer of the Company. All members of this Board shall have been duly appointed and so authorized, that any settlement arrived at by this Board on a specific grievance shall be final and binding. Except by written mutual agreement between the Union and the Company providing for an extension of time, Step must be completed within ten (10) calendar days from the completion of the meeting.
STEP 2. If the Step In all such grievance is not resolved through Step 1procedures, the Union may appeal representative shall act in the capacity of Chairman of the meetings, and the Company representative shall act in the capacity of Recording Secretary. All copies of all minutes shall be signed and dated by both the Union and the Company. STEP Prior to proceeding to arbitration, the grieving party can request and if mutually agreed, that the grievance be referred to the Canadian Joint Grievance Panel Inc., established for this purpose by the Employer and the Union. The grieving party will advise the other party in of its intention to proceed to The Canadian Joint Grievance Panel Inc. within fourteen (14) days after completion of Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation DirectorProcedure. The referral to Step 2 Canadian Joint Grievance Panel Inc. shall be made in writing to composed of four (4) persons, two (2) of whom shall be selected by the Employer within ten and two (102) calendar days by the Union. In the event that four (4) persons are not available, The Canadian Joint Grievance Panel Inc. shall be composed of two (2) persons, one (1) of whom shall be selected from the Employer and one (1) from the Union, The Employer shall not select a representative from the Company involved nor will the Union select a representative from the Local involved. The Canadian Joint Grievance Panel Inc. shall meet to hear and determine the grievance and render a decision after receipt hearing the matter brought before it. The majority decision of The Canadian Joint Grievance Panel Inc. on the Fire Chief’s answer disposition of a grievance shall be final and binding upon the parties and shall have the same effect as a decision rendered by an Arbitrator. Decisions of The Canadian Joint Grievance Panel Inc. shall not be used as precedents. If The Canadian Joint Grievance Panel Inc. is unable to reach a majority decision as outlined in Step 1. Upon the referral Schedule pursuant to Step 2, a meeting will be held with the City Operations Director or his/her representativeparagraph above, the Fire Chief, grieving party may proceed to Schedule of The Canadian Joint Grievance Panel Inc. or an outside Board of Arbitration by informing the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer other party in writing within ten fourteen (1014) calendar days after The Canadian Joint Grievance Panel Inc. advises the Step 2 meetingparties that it is unable to reach a majority decision. Any grievance not appealed Should the parties agree to proceed to Schedule of The Canadian Joint Grievance Panel Inc. they may proceed as outlined in writing to Step 2 the Rules and Procedures of Schedule The Canadian Joint Grievance Panel Inc. shall be governed by the Union within ten (10) calendar days Rules of Procedure and the Conduct of Proceedings established for the Panel, with necessary modifications, as set out in Schedule and Schedule The Parties agree that this Letter of Understanding and Schedule and Schedule do and will form part of the Collective Agreement between the parties and will continue to form part of the Collective Agreement through successive Agreements until mutually changed by the parties. Failing settlement under the above steps, the matter will be referred to an neutral person to act as an Arbitrator, who will meet with the Parties to hear both sides of the case. Failing to agree upon a neutral person, the Department of Labour will be requested to appoint a neutral Arbitrator. The Arbitrator shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance required to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made hand down his decision within ten fourteen (1014) calendar days following the receipt completion of the Employer’s hearing, and his decision shall be final Step 2 answerand binding on the two (2) Parties to the dispute. Within tenThe cost of the Arbitrator will be borne equally by the Union and the Company.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A Any Employee having a specified grievance shall be defined as alleging a dispute violation of this Agreement, a violation or disagreement raised by deviation from an employee against the Employer involving the interpretation established County or application departmental policy or procedure, or a failure of the specific provisions County or department to comply with a policy, procedure, method, practice or regulation of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative County or department shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge alleged grievance, take the matter up with the Sheriff or the Sheriff's designated representative, who shall attempt to adjust the grievance with the terms of this Agreement, County or departmental policy, procedure, method, practice or regulation. The employee shall be entitled to have a Union representative present at this step.
B. Any employee may request the Sheriff or the designated representative of the alleged violation Sheriff to call one of the Labor Agreement. The Union is encouraged designated local union representatives to discuss the matter handle a specified grievance with the Chief prior to filing a Sheriff or the designated representative of the Sheriff. In this case, the Union representative will be notified without undue delay and without further discussion of the grievance. This procedure shall not unduly delay the operations of the Sheriff's Department.
C. The meeting must take place within ten (10) days after grievance shall be considered resolved when the parties are agreed upon a remedy or the grievance is receivedwithdrawn by the Union. The Fire Chief’s response(s) A resolved grievance shall not be subject to further advancement through the grievance procedure.
X. Xxxxxxxxxx shall be provided, in writing, within ten (10) calendar days considered settled at Step 1 unless reduced to writing on appropriate forms signed by the aggrieved employee and delivered to the office of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director Sheriff or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing designee within ten (10) calendar days after the meeting or adjourned meeting at Step 2 meeting1. Any In this case a meeting will be arranged within fifteen (15) working days between the designated representative of the Union, the Grievant(s), and the Sheriff or the Sheriff's designated representative for the purpose of attempting to settle the grievance not appealed in writing to Step 2 by at the Union department level. The Sheriff or designee shall provide a written decision within ten (10) calendar working days to the Union.
B. The grievance shall be considered waived.
STEP 3. If resolved when the parties are agreed upon a remedy or the grievance is withdrawn by the Union. A resolved grievance shall not resolved be subject to further advancement through the grievance procedure.
X. Xxxxxxxxxx shall be considered settled at Step 2 unless delivered to the Human Resources Office within seven (7) calendar days after completion of Step 2, . The Human Resources Director shall serve as the County's Grievance Representative and shall be empowered to resolve all grievances within the terms of the Collective Bargaining Agreement.
B. Such notice shall contain a request by the Union that a hearing be held within two (2) weeks of the delivery of said notice for the disposition of said grievance. At such hearing both the Union and the Employer Representative(s) may appeal request the presence of any and all parties who have been involved in the grievance up to Step 3 this step.
C. At such hearing the Sheriff may be represented by giving written notice one (1) or more representatives and the Union and the Grievant(s) may be represented by their Union representative(s) theretofore designated as grievance representatives and such other Union representative it wishes to have present.
D. The grievance representative of the appeal to Step 3 Employer shall deliver the decision of the Employer to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made Union in writing within ten (10) work days excluding holidays and weekends following the hearing.
E. If additional time is deemed necessary to properly investigate matters relative to the grievance at any step outlined above, such additional time may be granted only if mutually agreed upon between the parties.
F. It is agreed that Saturday, Sunday and holidays shall not be counted in computing time limits provided herein, except when such time limits are measured in weeks.
G. The grievance shall be considered settled at Step 3 unless written notice is delivered to the Human Resources Office within thirty (30) calendar days after the completion of Step 3.
X. Xxxxxxx of the designated Employer Representative(s) to comply within the deadline established at any step shall result in advancement to the next step of the procedure, if determined by the Union.
I. The grievance shall be considered resolved when the parties are agreed upon a remedy or the grievance is withdrawn by the Union. A resolved grievance shall not be subject to further advancement through the grievance procedure.
8.4: Step 4 It is mutually agreed by the parties hereto that the inclusion of compulsory arbitration shall be subject to the following safeguards and conditions.
A. The Union shall within thirty (30) calendar days following the receipt County's decision at Step 3, notify the County Human Resources Director and Sheriff of the Employer’s Union's intention to pursue arbitration, or the matter will be untimely.
B. The Union shall within thirty (30) calendar days following notice of intent pursuant to A. above, request arbitration through the Michigan Employment Relations Commission, the American Arbitration Association, or the Federal Mediation and Conciliation Service or as otherwise mutually agreed by the parties or the matter will be untimely.
C. The fee and expenses of the arbitrator shall be shared equally by the County and the Union. All other expenses related to the arbitration proceedings, including any expenses incurred by calling witnesses, shall be borne by the parties incurring such expenses.
D. The arbitrator shall be limited to apply and interpret those articles and sections of this Agreement and shall have powers as hereby limited by application of Step 1 (A) of this article, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of a specified article and section of this Agreement.
E. The arbitrator shall have no power to add to, subtract from disregard, alter, or modify any of the terms of this Agreement, nor shall the arbitrator be empowered to award damages or establish salary schedules or classifications except as provided in Article XVI - Career Change and Advancement, Section 16.
F. The arbitrator, in rendering a decision, shall give full recognition to the whole of the Agreement as it relates to responsibilities, powers, authority, and rights vested with the County and Sheriff, except as specifically limited by express provisions of this Agreement.
G. The arbitrator's decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issue(s) submitted to arbitration, and such decision shall be final Step 2 answer. Within tenand binding on all parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP Step 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee The aggrieved employee shall present in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt grievance or dispute to resolve the dispute. The written notice of grievance must be presented to the Chief their immediate supervisor within fifteen fourteen (1514) calendar days of the date of the grievance or his knowledge of its occurrence. The written grievance shall include a statement of the grievance and facts involved, the alleged violation of the Labor Agreementagreement, and the remedy requested. The Union is encouraged to discuss Within fourteen (14) calendar days after the matter supervisor receives such grievance, a meeting shall take place with the Chief prior to filing grievant and a union representative (if requested by the grievant) for the purpose of adjusting or resolving such grievance. The meeting must take place supervisor shall render a decision within ten fourteen (1014) calendar days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meetinghearing.
STEP Step 2. If the grievance is has not resolved through Step 1been settled, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 it shall be made presented in writing to the Employer Chief of Police within ten fourteen (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (1014) calendar days after the Step 2 meetingsupervisor's response is received. Any grievance not appealed in writing to Step 2 by the Union within ten Within fourteen (1014) calendar days after the Chief of Police receives such grievance, a meeting shall be considered waivedtake place with the grievant and a union representative (if requested by the grievant) for the purpose of adjusting or resolving such grievance. The Chief of Police or a designated representative shall render his decision in writing within fourteen (14) calendar days after the hearing.
STEP Step 3. If the grievance is has not resolved at Step 2been settled, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 it shall be appealed to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made Town Manager within ten fourteen (1014) calendar days following after the receipt decision of the Employer’s final Step 2 answerChief of Police, or the designated representative is received. Within tenfourteen (14) calendar days after the Town Manager receives such grievance, he or his designated representative shall arrange to and shall meet with the grievant and a union representative, if requested, for the purpose of adjusting or resolving such grievance. The Town Manager or his designated representative shall render a decision within fourteen (14) calendar days after the hearing.
Step 4. If the grievance has not been settled, the union may submit said grievance to arbitration. Either party shall have the option to choose either the Connecticut State Board of Mediation and Arbitration or the American Arbitration Association; however, if either party chooses A.A.A., then the cost of the arbitrator shall be equally shared. The decision of the arbitrator(s) shall be final and binding. Any arbitrator shall be limited to ruling on interpretations as to the application or meaning of the terms of the Agreement, and shall have no power to add to, or subtract from, or modify any of the terms of this Agreement. Failure by the Union at any step to appeal within specified time limits shall be considered acceptance of the last decision rendered. Failure of the Town to render a decision within the specified time limits shall be grounds for appeal to the next step. The time limits specified herein may be extended by written agreement. Neither the Town nor the union shall object to the use by either party of a public stenographer or a mechanical recording device at Step 4 of this procedure. All answers at any stage of this procedure shall be in writing to the grievant and union. The Union and the Town may take appropriate steps to combine grievances, which they agree arise out of the same subject or event in order to avoid the necessity of processing and hearing several grievances. It is understood that decisions and remedies in such combined cases may vary based on the facts of each case. Probationary employees shall have the same right to union representation as have permanent employees at disciplinary meetings and throughout this grievance procedure, but probationary employees shall have no access to the grievance procedure in cases of dismissal. In the event an employee voluntarily terminates employment with his position in the Town, any grievances pending shall become void. This will not affect the remaining people in a combined grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A 9.1 Union policy grievances shall commence at Step 2 of the grievance shall be defined as a dispute procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement, or disagreement raised by when an employee against claims that he has been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as followsfollowing manner:
STEP 1. To initiate a grievance, 1 The aggrieved employee or the Union representative shall, within Local Chairman shall present the time period specified below, inform the Chief or his/her designee grievance in writing describing to the nature employee's Regional Manager within 14 calendar days following the cause of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting grievance must take place within ten (10) days after include all of the grievance is receiveddetails of the cause of the grievance. The Fire Chief’s response(s) shall be provided, Such Regional Manager will render a decision in writing, outlining the reasons for the decision, within ten (10) 14 calendar days following receipt of the meetingwritten grievance.
STEP 2. 2 If the grievance is not resolved through settled at Step 1, the Union Division Vice-President may appeal the grievance to Step 2 of decision in writing, giving his reasons for the Grievance Procedure by giving written notice of the appeal to Step 2 appeal, to the City’s Operation Director. The referral to Step 2 shall be made in writing to officer designated by the Employer Company, within ten (10) 28 calendar days after following receipt of the Fire Chief’s answer decision rendered in Step 1. Upon Such Company officer will render a decision in writing, giving his reasons for the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing decision within ten (10) 28 calendar days after following receipt of the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedappeal.
STEP 3. 3 If the grievance is not resolved settled at Step 2, it may then be referred by either party to arbitration for final and binding settlement without stoppage of work. Arbitration proceedings may be instituted by service of either party upon the other party through a written notice to arbitrate the matter within 28 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. Said written notice must be made to the Division Vice-President, TCU Trucking Division, on behalf of the Union or to the designated Company officer for Canpar Transport Ltd.
9.1.1. The arbitrator shall, before the hearing, require the party requesting arbitration to submit a written statement outlining the questions of interpretation or alleged violation to be arbitrated. The arbitrator may, where the employee has been discharged or otherwise disciplined by the Company, confirm, modify or annul the decision of the Company, or as the case may be, substitute any other sanction which appears to him to be just and reasonable under the circumstances. The cost of the arbitrator(s) will be shared equally by the Union and the Company.
9.1.1 The parties will mutually agree on a minimum of two (2) arbitrators in each of the following regions: (1)Western Canada, (2) Ontario, (3) Quebec, (4) Atlantic Canada, for the term of this Agreement. Should there be a vacancy in any of the regions, one of the other agreed to arbitrators will rule pending a mutually agreed upon replacement.
9.1.2 Upon mutual agreement the parties agree to consider using Labour Canada Mediation services as an option to arbitration.
9.2 The arbitrator's decision shall be final and bind the Company, the Union, and the employee(s) concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to render any decision incompatible with the provisions of this Agreement, nor to consider any matter not pertaining to the present Agreement.
9.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such a decision was due, except as otherwise provided in Clause 9.4. In the event the Company fails to respond to a grievance within the prescribed time limits, the Union may appeal process the grievance to Step 3 from that point onward in accordance with the procedures herein except that the time limits in respect of that grievance from that point onward shall be directory.
9.4 When a grievance based on a claim for unpaid wages is not progressed by giving written notice the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the appeal Company fails to Step 3 render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement.
9.5 The time limits specified herein may be extended by mutual agreement.
9.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the Chair date that such grievance was first submitted in writing.
9.7 Prior to adjudication or final disposition of the City’s Personnel Committee. The referral to Step 3 a grievance there shall be made within ten (10) calendar days following neither a shutdown by the receipt Company nor a work stoppage by employees.
9.8 All time limit restrictions in Article 6 and Article 9 will be automatically extended between the period of the Employer’s final Step 2 answer. Within tenDecember 22 and January 5 inclusive each year.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To Either party may initiate a grievance, . If a grievance is not settled at any one stage of the Union representative shall, Grievance Procedure then the shall have the alternative either to abandon it or to proceed to the next successive stage within the time period specified belowlimits set out in each stage. By mutual agreement between the Employer and the Union, inform the Chief or his/her designee in writing describing processing of any grievance may begin at the nature final stage. The successive stages of the dispute, Grievance Procedure are: Those grievances concerning the employee(s) affected, the contract provision at issue and the remedy sought. A meeting suspension and/or dismissal of an employee shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief filed directly at Second Stage within fifteen (15) calendar days of the knowledge such employee being notified of the alleged violation of the Labor Agreementsuch suspension and/or dismissal. First Stage The employee and/or Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place Officer may, within ten (10) days after of the action on the part of the Employer which led to the dispute or complaint, grieve the matter orally to the employee's immediate This grievance is received. The Fire Chief’s response(s) shall must be provided, in writing, answered within ten (10) calendar days of receipt of the grievance. Second Stage If the Parties are unable to agree at the First Stage, then within fifteen (15) days of receipt of an answer to the First Stage Grievance, the Union must take up the grievance in writing with the General Manager or designate of the Cooperative. The answer to the Second Stage Grievance must be given in writing fifteen (15) days of the meeting.
STEP 2receipt of the written grievance. If the grievance is not resolved through Step 1Alternatively, the Union may appeal the grievance to Step 2 General Manager or designate of the Grievance Procedure by giving written notice Cooperative may, within fifteen (15) days of the appeal to Step 2 to action of any employee or Officer of the City’s Operation Director. The referral to Step 2 shall be made Union, grieve the matter in writing to the Employer Union. This grievance must be answered in writing by the Secretary of the Union within ten fifteen (1015) calendar days after of receipt of the Fire Chief’s said written grievance. Third Stage If the Parties are unable to agree at the Second Stage, then within fifteen (15) days of receipt of an answer to the Second Stage Grievance, the Party filing the grievance must indicate in Step 1writing its desire to have the grievance advanced to this third stage. Upon the referral to Step 2, a meeting The grievance will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 addressed by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice Board of Directors of the appeal to Step 3 to Cooperative and the Chair designated Union at the next scheduled meeting of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following Board of Directors of the Cooperative which follows the date of the receipt of the Employer’s final Step 2 answernotice to advance the grievance to the Third Stage, provided that such notice is received at least one (1) week prior to the next scheduled Board Meeting. Within tenWhere such notice of advancement of the grievance to Third Stage is not received at least one (1) week prior to the next scheduled Board Meeting, the grievance be heard at the next subsequent Board Meeting, which will be within six (6) weeks following the previous Board Meeting. This Grievance must be answered by the Board of Directors of the Cooperative, or the Union Office, in writing within fifteen (15) days of the meeting at which the grievance is discussed. Final Stage Arbitration If the Parties are unable to agree at the first three stages, then within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance 4.1 Only matters involving the discharge or discipline of employees or involving the question of whether the Town is complying with its express obligations under this Agreement shall constitute grievances under this Article. The first 6 months of employment shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances probationary period during which there shall be as followsno right to grieve concerning the discharge or discipline of an employee. Grievances shall be submitted in writing and shall be processed in the following manner:
STEP Step 1. To initiate a grievance, Between the Union representative shallXxxxxxx, within with or without the time period specified belowaggrieved employee, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief employee’s Division supervisor within fifteen (15) calendar 3 working days of the knowledge occurrence or failure of occurrence, whichever may be the case, of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after incident upon which the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2based. If the grievance is not resolved through Step 1, settled within 3 working days the Union may appeal process the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to at Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative.
Step 2. The City Operations Director shall give Between the Union Xxxxxxx and the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3Director of Public Works or his designated representative. If the grievance is not resolved settled within 7 working days the Union may process the grievance at Step 3. Any discharge or suspension shall be initially heard at Step 2. The employee will be notified in writing of reasons for the discharge or suspension and a copy given to the Union Xxxxxxx within 2 working days of the discharge or suspension.
Step 3. Between the Union and the management individual designated by the Board of Selectmen. The Union may be represented at this step by the Union Xxxxxxx, the employee and by not more than 3 other representative of the Union who shall not be employees of the Town. Any grievance not settled within 14 working days at Step 3 may appeal be referred to arbitration, as provided in Section 4.3 hereof, within 30 calendar days of the expiration of the 14 working days.
4.2 The grievance procedure time limits may be extended in any particular case by the written agreement of the parties. The Union Xxxxxxx may be accompanied at any step of the grievance to Step 3 procedure by giving written notice a representative of the appeal Union who is not an employee.
4.3 Grievances not settled in the steps of the grievance procedure may be referred to Step 3 an arbitrator or an arbitration tribunal agreed upon by the parties. The word “arbitrator” as used in this Article shall be construed to include any arbitration tribunal. If the parties are unable to agree upon an arbitrator, the arbitrator shall be designated by the American Arbitration Association under its procedures. The fees and expenses of the arbitrator shall be shared equally by the parties and each party shall bear the expenses of its own representatives and witnesses.
4.4 The arbitrator hereunder shall be without power to alter, amend, add to or detract from the language of this Agreement or to hold ex parte hearings. The decision of the arbitrator shall be final and binding upon the parties to the Chair of the City’s Personnel Committeeextent permitted by law. The referral arbitrator shall submit his decision in writing.
4.5 Union Stewards will be given reasonable time off to Step 3 investigate grievances.
4.6 The standard of discipline and discharge shall be made within ten (10) calendar days following just cause. To the receipt extent permitted by law the grievance and arbitration provisions of this Agreement shall be the Employer’s final Step 2 answer. Within tenexclusive method of resolution of disputes involving discipline and discharge.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A For the purpose of this Agreement, a grievance shall be is defined as a dispute or disagreement raised claim by an employee against based upon the Employer involving interpretation, application, or violation of this Agreement. Every effort shall be made to settle grievances at the interpretation or application lowest possible level of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances grievance procedure. There shall be no strike, work stoppage, slowdown, picketing or any other restrictions of work as followsa result of or during the pendency of a grievance. Grievance will be processed in the following manner and within the stated time limits:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting A. An aggrieved employee shall be held among the grievant(s), the Union representative and the Fire Chief in promptly attempt to resolve the dispute. The written notice of grievance must informally between the employee, immediate supervisor and the Superintendent/Principal.
B. If the grievance is not resolved informally, it shall be presented reduced to writing by the employee, who shall submit it to the Chief Superintendent/Principal. If an employee does not submit the grievance to the Superintendent/Principal in writing in accordance with this step within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) working days after the fact upon which the grievance is receivedbased first occurred or first became known to the employee, the grievance will be deemed waived. The Fire Chief’s response(s) shall aggrieved employee may be provided, in writing, within ten (10) calendar days accompanied by a representative of the meetingAssociation when presenting the written grievance.
STEP 2C. The Superintendent-Principal will reply in writing to the employee with a copy to the Association within five (5) workdays after receipt of the written grievance. If the grievance is not resolved through settled in Step 1, I and the Union may employee wishes to appeal the grievance to Step 2 of II, the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made employee may file a grievance in writing to the Employer School Board within ten (10) calendar days workdays after receipt of the Fire Chief’s Superintendent/Principal's written order. The written grievance shall include:
a) Article and section violated;
b) Basic factual information of situation being grieved;
c) The relief sought. The Board or their representative shall thoroughly review the grievance, arrange for necessary discussions, and give a written answer to the employee with a copy to the Association no later than ten (10) workdays after the receipt of the written grievance. OSEA Chapter 145 and JSD 2021-2025 CBA Grievances not settled in Step 1. Upon II of the referral grievance procedure may be appealed to Step 2, arbitration provided:
A. Written notice of a meeting will be held with request for arbitration is made by the City Operations Director or hisAssociation to the Superintendent/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing Principal within ten (10) calendar days after workdays of receipt of the Board's answer in Step 2 meetingII; and
B. The issue must involve interpretation, application or violation of this agreement.
C. When a timely request for arbitration has been made, the parties or their designated representatives shall attempt to select an impartial arbitrator. Any grievance not appealed in writing Failing to Step 2 by the Union do so, they shall within ten (10) calendar days workdays of the appeal, jointly request the Employment Relations Board to submit a list of five (5) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination, and thereafter each shall, in that order, alternately strike a name from the list. The fifth remaining name shall act as the arbitrator.
D. The arbitrator shall schedule a hearing on the grievance and, after hearing such evidence, as the parties desire to present, shall render a written decision which shall be considered waivedbinding on both parties. The arbitrator shall have no power to advise on salary adjustments, except as to improper application thereof, nor to add to, subtract from, modify or amend any terms of this agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Board in any manner not specifically contracted away by the Board.
STEP 3. If E. Each party shall bear all costs of producing its own witnesses, preparation of exhibits and other materials to include the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice production of record or transcript of the appeal to Step 3 to the Chair proceedings, unless such record or transcript is desired by both parties. The fee and expense of the City’s Personnel Committee. The referral to Step 3 arbitrator and the cost of the hearing room shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answerborne equally by both parties. Within tenOSEA Chapter 145 and JSD 2021-2025 CBA
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1: The purpose of the grievance procedure shall be to settle all Union and/or employee grievances as quickly as possible, so as to ensure efficiency and promote employee morale within the Department. The union must file a grievance within ten twenty one ( 21) ( 10) days of first knowledge of the employee of the events precipitating the grievance. If the grievance filed seeks a financial obligation by the City, the Union must notify the City as soon as the issue is known and not less than within the (10) days.
A. Section 2: A grievance shall be defined as considered to be a dispute Union and/or employee complaint concernedwith:
a) Discharge, suspension, or disagreement raised by other disciplinary action;
b) Interpretation and application of Fire Department rules & regulations;
c) Alleged violation of any of the terms of this Agreement; and all conditions of employment.
Section 3: Should the Union or an employee against feel aggrieved, the Employer involving the interpretation or application adjustment of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances grievance shall be sought as follows:
STEP 1a) The Union shall submit the details of such grievance in writing to the Chief of the Fire Department or his designee. To initiate a Within five (5)fifteen (15) days thereafter, the Chief or his designee shall meet with the Union for the purpose of adjusting or resolving such grievance.
b) If such grievance is not resolved to the satisfaction of the Union by the Chief or his designee within five (5) days after said meeting, the Union representative shall, within the time period specified below, inform the Chief or his/her designee may submit such grievance in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of after said reply from the knowledge of Chief, to the alleged violation of the Labor AgreementCity Manager. The Union is encouraged to discuss the matter with the Chief prior to filing City Manager shall render a grievance. The meeting must take place written decision within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meetingreceiving said grievance.
STEP 2. c) If the grievance is not resolved through Step 1still unsettled, either party may within fifteen (15) days after the reply of the City, by written notice to the other, request arbitration.
Section 4: The arbitration proceeding shall be conducted by an arbitrator to be selected by the Union and City within seven (7) days after notice has been given. If the parties fail to select an arbitrator, either party may appeal request the grievance to Step 2 assignment of an arbitrator by the American Arbitration Association, or the Maine Board of Arbitration and Conciliation. The decision of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 arbitrator shall be made in writing to binding and final on the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s)parties, and a Union Representative. The City Operations Director the arbitrator shall give the Union the Employer’s Step 2 answer be requested to render his decision in writing within ten thirty (1030) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 conclusion of the testimony and argument.
Section 5: Expenses for the arbitrator’s services and the proceedings shall be shared equally by the Union within ten (10) calendar days and City. However, each party shall be considered waived.
STEP 3responsible for compensating its own representatives or witnesses. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice either party desires a verbatim record of the appeal proceedings, it may cause such a record to Step 3 be made, providing it pays for the record and makes copies available to the Chair of otherparty and to the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenarbitrator.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance (a) Grievances shall be defined as a dispute or disagreement raised by an employee against dealt with in the following manner: Where the decision from the Employer involving in the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievanceInformal Complaint stage is not satisfactory, the Union representative shall, within may file a formal grievance with the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief Employer Representative within fifteen (15) calendar business days from the date of the knowledge of response received from the alleged violation of Employer in the Labor AgreementInformal Complaint Stage. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) Employer shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made give its decision in writing to the grievor and the Union within seven (7) working days. Minutes of such meetings shall be kept. If the meeting is not satisfactory to the grievor or the Union, the grievance may proceed to Step Two or Three as appropriate. Where the decision of the Employer is not satisfactory, the grievance shall be submitted in writing to the Executive Board of Directors by an authorized representative of CUPE Local 1281 within ten fifteen (1015) calendar working days. The Employer shall give its 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. The Union may refer the matter to Arbitration within fifteen (15) working days after of receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3Two decision. If the Union, an Employee, or a group of Employees choose not to grieve a particular situation, or withdraw a grievance at any stage, such action or lack of action shall be entirely without prejudice.
(a) The time limits may be extended by mutual agreement.
(b) Where no answer is not resolved at Step 2given within the time limits specified herein, the Union may appeal shall be entitled to proceed to the grievance to Step 3 by giving written notice next step of the appeal Grievance Procedure.
(c) The Union and its representatives shall have the right to originate a grievance on behalf of an Employee, or a group of Employees, and to seek redress with the Employer in the manner provided for in this Article. Such grievances may be initiated at Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenTwo.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. Section 1. A grievance grievance, under this Agreement, shall be defined as a dispute claim of an employee, the Union or disagreement raised the Employer/Hospital covered by an employee against the Employer involving this Agreement, which involves the interpretation of, administration of, or application compliance with the specific provision of this Agreement.
Section 2. In the event of any grievance the aggrieved employee may, at the employee’s option first discuss the grievance informally with the employee’s immediate supervisor. If the grievance is not resolved informally or if the employee elects not to discuss the grievance informally, such grievance shall be presented in writing to the Employer/Hospital as provided below:
a.) The grievance shall be reduced to writing on forms provided by the Union, signed by the employee and/or Union representative and presented to the appropriate supervisor. The written grievance shall include the name and position of the specific grievant, the date, the basis of the grievance and relief requested, and the clauses or provisions of the AgreementAgreement involved.
B. The process for commencing and resolving grievances b.) Such written grievance must be submitted within twenty (20) calendar days after the event or events giving rise to the grievance occurred or within twenty (20) calendar days after those events should reasonably have been known or the grievance shall be as follows:deemed waived however, if the grievance is for any claim, for which the arbitrator directs the payment of overtime, wages and fringe reimbursement to an employee, such period shall not limit the period of time for which recovery may be had.
STEP 1. To initiate c.) The grievance will be taken up in a grievancemeeting within seven (7) calendar days after the grievance is filed, between the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s)employee, the Union representative and the Fire Chief in attempt to resolve the disputeimmediate supervisor. The A written notice of grievance must be presented response to the Chief grievance shall be given to the Union representative and the Union within fifteen seven (157) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the meeting.
Step 2. If no mutually satisfactory conclusion is reached at the end of Step 1, the grievance is received. The Fire Chief’s response(s) shall may be provided, in writing, appealed to the Human Resources Director or designee within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, receipt by the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director1 answer. The referral to Step 2 A meeting at a mutually agreeable time and place shall be made in writing to the Employer held within ten seven (107) calendar days after receipt with Union representatives and the Human Resources Director or designee and any management personnel deemed appropriate. The Employer/Hospital shall render a written answer to the Union within seven (7) calendar days of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative2 grievance. The City Operations Director Employer/Hospital shall give provide the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after electronically to Local 1133 and to the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedCWA District office.
STEP Step 3. If the grievance is not resolved at Step 2, the Union may appeal either party to this Agreement desiring to move the grievance to Step 3 by giving written arbitration, must give notice of the appeal intention to Step 3 arbitrate to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made other party (Human Resources Director or designee or CWA representative) within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenforty-five
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A Grievances within the meaning of the grievance and arbitration procedure shall consist only of disputes about the interpretationor application of particular clauses of this Agreement and about alleged violations of this Agreement. In the event of any dispute concerning the meaning or application of any provision of this Agreement or a dispute concerning an alleged violation of this Agreement, there shall be no suspension or disruption of work, but such dispute shall be treated as a grievance and shall be settled, if possible, by and the Union. In the interests of expediting the procedure, the parties shall process grievances in the following manner: PRELIMINARY DISCUSSION Disputes arising out of the interpretation or alleged violation of this Agreement should, if possible, be settled by discussion between the employee his xxxxxxx and the supervisor. FIRST STEP If a dispute cannot be resolved by this method, the Accredited Union Representative for the Union may file a formal grievance on the prescribed form with the Manager of Construction. Such grievance shall be defined as a dispute or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place filed within ten (10) working days after of the alleged grievous act. Within ten (10) working days of the filing of the grievance, the Manager of Construction or his designate shall investigate the grievance is receivedand convene a meeting which he or the Accredited Union Representative considers necessary to resolve it. The Fire Chief’s response(sManager of Construction or his designate shall give his reply on the prescribed form to the Accredited Union Representative within five (5) working days from the date of the First Step meeting. Copies of completed grievance forms signed by the appropriate parties shall be providedfiled by the Manager of Construction or his designate with the General Manager of and by the Accredited Union Representative with the International Representative of the Union. If a First Step grievance meeting is considered appropriate, in writingthe Management Committee shall comprise the Manager of Construction or his designate, plus two (2) Management officials, one (1) of whom shall be a representative of the Employer against whom the grievance has been filed. The Union Committee shall comprise the Accredited Union Representativeplus two (2) additional Union officials. SECOND STEP If a dispute has not been resolved at the First Step of the grievance procedure, the Accredited Union Representative may refer the grievance on the prescribed form to Grievance Officer. Such grievances shall be referred within ten (10) calendar working days after the disposition has been issued under the First Step of this procedure. A copy of the grievance form shall be forwarded by the Accredited Union Representative to the International Representative of the Union. The Grievance Officer shall investigate the grievance and convene a meeting which he or the International Representative considers necessary to resolve it and give his reply on the prescribed form to the International Representative of the Union within five (5) working days from the receipt of the grievance form which was completed at First Step. If a Second Step grievance meeting is considered appropriate, the Management Committee shall comprise the Grievance Officer plus two (2) other Management Representatives, one (1) of whom shall be a representative of the Employer against whom the grievance has been filed. The Union Committee shall comprise three (3) persons, including the International Representative and the Accredited Representative for the plus one (1) other representative of the Union. OR UNION GRIEVANCES The processing of grievances shall begin at the Second Step. may submit either policy or specific grievances. The Union may also institute policy grievances at this Step. Such policy or specific grievances shall be submitted within thirty (30) days of the meeting.
STEP 2alleged grievous act. If TIME LIMITS The time limits as to both documents and procedures set out in the above sections shall be complied with by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposed. Where no answer is given within the time limits specified in the grievance is not resolved through Step 1procedure, the employee concerned, the Union may appeal or shall be entitled to submit the grievance to Step 2 the next step of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meetinggrievance procedure. Any grievance not appealed processed within the time limits specified in writing to Step 2 by the Union within ten (10) calendar days grievance procedure shall be considered waived.
STEP 3deemed to have been settled and ineligible for arbitration. If the grievance is not resolved Alleged unjustified termination, discharge, suspension or disciplinary action may be grieved beginning at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel CommitteeFirst Step. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenGRIEVANCE FACILITIES
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. 1001 A grievance shall be defined as any dispute arising out of interpretation, application, or alleged violation of the agreement. 1002 An xxxxxxx effort shall be made to settle grievances fairly and equitably in the following manner, however, nothing in this agreement shall preclude the Employer and the Union from mutually agreeing to settle a dispute or disagreement raised by an employee against any means other than those described in the following grievance procedures without prejudice to their respective positions. 1003 Local Union representatives, upon request to their immediate supervisor and subject to operational requirements, shall be granted necessary time off with pay to meet with the Employer involving for the interpretation or application purpose of processing grievances subject to a maximum cost to the specific provisions employer of maintaining salaries of three (3) employees so engaged. Such permission shall not be unreasonably withheld. 1004 Step 1/Discussion Stage Within twenty-one (21) calendar days after the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate cause of a grievancegrievance occurs, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting grievor shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the disputedispute with her immediate supervisor, who is outside the bargaining unit. The written notice In the event of a grievance originating while the employee is on approved leave of absence from work such grievance must be presented to the Chief lodged within fifteen fourteen (1514) calendar days of the knowledge of the alleged violation of the Labor Agreementreturn. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. 1005 Step 2 If the grievance is submitted but not resolved through within the foregoing time period, the grievor and shop xxxxxxx may, within the ensuing fourteen (14) calendar days, submit the grievance in writing to the next appropriate level of management as determined by the Employer who is outside the bargaining unit, stating all allegations and remedies sought. The Employer shall have fourteen (14) calendar days to respond to the grievance. A copy of each grievance shall be submitted to Human Resources. 1006 Step 13 Failing settlement of the grievance at Step 2, the Union may appeal within fourteen (14) calendar days, submit the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer Chief Operating Officer or designate who shall, within ten fourteen (1014) calendar days after receipt of the Fire Chief’s answer in Step 1grievance, render a decision. Upon the referral 1007 An employee claiming to Step 2, a meeting will be held with the City Operations Director have been discharged or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If suspended without just cause may submit the grievance is not resolved at Step 2directly to the Chief Operating Officer or designate. 1008 If a dispute involving a question of general application or interpretation occurs and affects a group of employees, the Union or the employees may appeal submit the grievance directly to Step 3 the Chief Operating Officer or designate. 1009 An employee may choose to be accompanied by giving written notice a local Union representative at any stage of the appeal to Step 3 to grievance procedure. 1010 The time limits in both the Chair of the City’s Personnel Committee. The referral to Step 3 grievance and arbitration procedures may be extended by mutual agreement and shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenconfirmed in writing.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 15.1 Any dispute between the City and the Union or between the City and any employee concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be deemed a grievance, provided that such claims regarding the Nondiscrimination Statement shall not be subject to the Grievance and Arbitration procedure detailed herein.
A. A 15.2 Every effort will be made to settle grievances at the lowest possible level of supervision with the understanding that grievances will be filed at the Step in which there is authority to adjudicate, provided the Chief of the Criminal Division and the City Attorney are notified. The City will not impede, restrain, interfere with, coerce, discriminate, or take actions of reprisal against a Union member who seeks adjudication of a grievance.
15.3 Grievances processed through Step 2 of the grievance procedure will be heard during normal City work hours unless stipulated otherwise by the Parties. Employees involved in such grievance meetings during their normal City work hours will be allowed to do so without suffering a loss in pay and shall have the right to have a Union Representative present at any meeting. Excluding legal counsel and the grievant, no more than one (1) Union representative may attend the grievance meeting except with the agreement of the City’s representative convening the meeting.
15.4 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate. Parties by mutual agreement in writing. Failure by an employee and/or the Union to comply with any time limitation of the procedure in this Article will constitute withdrawal of the grievance. Failure by the City to comply with any time limitation of the procedure in this Article will allow the employee and/or the Union to proceed to the next Step without waiting for the City to reply at the previous Step, except that individual employees may not process a grievance beyond Step 2 as such decision is reserved exclusively for the Union.
15.5 Employees may submit a grievance in accordance with this Article and have such grievance adjusted without the intervention of the Union provided such adjustment is consistent with the terms and conditions of this Agreement and the Union has been given reasonable opportunity to be present at any meeting called for the resolution of the grievance. Nothing in this section shall be construed so as to grant individual employees the right to proceed to arbitration.
15.6 The following outline of procedure is written as for a grievance of the Union against the City, but it is understood the steps are similar for a grievance of the City against the Union.
Step 1: The grievance shall be defined submitted in writing by the aggrieved employee and/or the Union within twenty (20) business days of the alleged contract violation to the Chief of the Criminal Division with a copy to the City Attorney. The employee and/or the Union representative will identify in the written grievance the section(s) of the Agreement allegedly violated, the nature of the alleged violation, and the remedy sought. The Parties agree to make every effort to settle a grievance at this stage promptly. The Chief or supervisor may consult with such other persons as is necessary to resolve or respond to the grievance and may arrange for a dispute grievance meeting with the employee and/or Union representative. If requested by a shop xxxxxxx or disagreement raised union representative, the Parties will convene a meeting. The Chief of the Criminal Division will answer the grievance in writing within ten
Step 2: If the grievance is not resolved as provided in Step 1 above or if the grievance is initially submitted at Step 2 per section 15.2, the grievance shall be reduced to written form, which shall include the same information specified in Step 1 above. The grievance shall be forwarded within ten (10) business days after receipt of the Step 1 answer or if the grievance is initially submitted at Step 2, it shall be submitted within twenty (20) business days of the alleged contract violation. Said grievance shall be submitted by the employee and/or the Union to the City Director of Labor Relations with a copy to the City Attorney. The Director of Labor Relations or their designee shall investigate the grievance and convene a meeting between the appropriate parties. The Director of Labor Relations or their designee shall thereafter make a confidential recommendation to the City Attorney who will in turn give the employee and/or the Union a detailed answer in writing within twenty (20) working days after receipt of the grievance or the meeting between the parties.
Step 3: If the grievance is not settled at Step 2, either of the signatory Parties to this Agreement may submit the grievance to binding arbitration.
A. Identification of sections of the Agreement allegedly violated.
B. Nature of the alleged violation.
C. Remedy sought. After the Demand for Arbitration is filed, the City and the Union will meet to select, by mutual agreement, an employee against arbitrator to hear the Employer involving Parties' dispute. In the event the Parties are unable to agree upon an arbitrator, then the arbitrator shall be selected by alternately striking names from a list of five (5) arbitrators supplied by the Federal Mediation and Conciliation Service or the Public Employee Relations Commission. In connection with any arbitration proceeding held pursuant to this Agreement, it is understood as follows:
A. The arbitrator will have no power to render a decision that will add to, subtract from, alter, change, or modify the terms of this Agreement; and their power shall be limited to the interpretation or application of the specific provisions express terms of the this Agreement; and all other matters will be excluded from arbitration, including those matters specifically excluded from this grievance and arbitration procedure.
B. The process for commencing decision of the arbitrator will be final, conclusive, and resolving grievances shall be as follows:
STEP 1. To initiate a grievancebinding upon the City, the Union representative shallUnion, within and the time period specified below, inform the Chief or his/her designee in writing describing the nature Employee(s) involved.
C. The cost of the dispute, arbitrator will be borne equally by the employee(s) affected, the contract provision at issue City and the remedy sought. A meeting shall be held among Union, and each party will bear the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice cost of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meetingpresenting its own case.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. D. The referral to Step 2 arbitrator's decision shall be made in writing and shall be issued to the Employer Parties within ten thirty (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (1030) calendar days after the case is submitted to the arbitrator.
E. Any arbitrator selected under Step 2 meeting. Any grievance not appealed 3 of this Article will function pursuant to the voluntary labor arbitration regulations of the American Arbitration Association unless stipulated otherwise in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedParties to this Agreement.
STEP 3. If F. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or nonoccurrence upon which the grievance is not resolved at Step 2based, that date being twenty (20) business days or less prior to the Union may appeal the grievance to Step 3 by giving written notice initial filing of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tengrievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 8.01 The purpose of this Article is to establish a procedure for the settlement of grievances.
A. A 8.02 An Employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement shall submit the grievance to his xxxxxxx. If the xxxxxxx considers it advisable to take the matter further, the following procedure shall apply:
STEP 1 The grievance shall be defined as a dispute or disagreement raised by an employee against brought to the Employer involving the interpretation or application attention of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, Superintendent within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(sseven (7) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar workings days of the knowledge incident giving rise to the complaint. The Superintendent shall state his decision verbally within seven (7) working days after receiving the complaint.
STEP 2 Should the employee be dissatisfied with the Superintendent’s disposition of the alleged violation grievance at Step 1, the Xxxxxxx shall submit the grievance to the Director of Utility/Environment Services, or his designate. The Director shall call a meeting within seven (7) working days of receipt of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire ChiefUnion’s response(s) shall representative may be provided, in writing, within ten (10) calendar days of the attendance at this meeting.
STEP 2. If the grievance is not resolved through Step 1settled at this meeting, it may be referred to arbitration as hereinafter provided, within seven (7) working days of the said meeting.
8.03 A Union policy grievance which is defined as an alleged violation of this Agreement, concerning all or a majority of the Employees in the Bargaining Unit in regard to which an individual Employee could not grieve, may appeal be lodged by the grievance to xxxxxxx in writing with the Director of Utility/Environmental Services at Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer at any time within ten seven (107) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar working days after the Step 2 meeting. Any circumstances giving rise to such a grievance not appealed occur or originate, and to arbitration in the same manner and to the same extent as the grievance affecting an individual Employee or Employees could themselves institute the grievance in the regular grievance procedure.
8.04 A policy grievance of the Employer shall be in writing and may be initiated by the Director of Utility/Environmental Services or his designate by delivering the grievance to Step 2 by the Union within ten seven (107) calendar days shall be considered waived.
STEP 3working days. If the any such grievance is not resolved at Step 2settled within fifteen (15) working days of the date of such delivery, the Union Employer may appeal refer the grievance to Step 3 arbitration under Article 10.
8.05 The time limits fixed in both the grievance and arbitration procedure may be extended by giving written notice mutual consent of the appeal parties. Any compliant or grievance which is not lodged within the time specified in this Agreement or which is not processed through to Step 3 arbitration within the time specified herein shall be deemed to have been withdrawn or settled.
8.06 In no event shall the Employer be required to consider any grievance which, in respect of the incident giving rise to the Chair grievance, has previously been settled on its merits under the grievance or arbitration procedure.
8.07 No grievance may be submitted concerning the termination of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt employment, lay-off, recall from lay-off, or disciplining of the Employer’s final Step 2 answer. Within tena probationary Employee.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a any dispute or disagreement raised by an employee against the Employer involving the interpretation interpretation, application, or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor express provisions of this Agreement. The Union is encouraged Grievances or disputes, which may arise, shall be settled in the manner set forth herein. If the time limits set forth herein are not adhered to discuss by either one of the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after parties, the grievance is received. The Fire Chief’s response(s) shall be provided, settled in favor of the party that is not in default of the time limits. Any extensions of time limits shall be upon mutual agreement and in writing, within ten .
Step 1. Within five (105) calendar working days of the meetingoccurrence of the grievance an employee with a grievance shall discuss the grievance with his/her immediate supervisor. The immediate supervisor shall have five (5) working days to respond to the grievance.
STEP Step 2. If the grievance is not resolved through Step informally at step 1, the Union may appeal the a formal grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer presented in writing within ten (10) calendar working days after from receipt of the Step 2 meetingstep 1 response to the Department Head or his/her designee. Any grievance not appealed in writing to Step 2 by the Union within The Department Head or designee shall have ten (10) calendar working days shall be considered waivedfrom receipt of the grievance to respond in writing.
STEP Step 3. If the grievance is not resolved settled satisfactorily at Step 2, the Union may appeal grievance shall, within seven (7) working days be submitted in writing, through the union to the Mayor or the Mayor's designee. The written grievance to Step 3 by giving written notice shall set forth the nature of the appeal to Step 3 to grievance, the Chair facts on which it is based, the provision of the City’s Personnel CommitteeAgreement allegedly violated, and the relief requested. The referral to Step 3 shall be made Mayor shall, within ten (10) calendar working days following after the receipt of the Employer’s grievance respond to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievance.
Step 4. If the matter is not resolved at this point, within seven (7) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Step 5 of the grievance procedure.
Step 5. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, providing it is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the matter to be arbitrated and the contract provisions allegedly violated. Within five (5) working days the parties shall request a list of five (5) qualified names from the Montana State Board of Personnel Appeals. The Union and the Employer shall each strike two (2) names in alternate order, and the remaining shall be the arbitrator. The Union shall strike the first name. In cases where an employee is the aggrieved party, authorization to submit the grievance to arbitration must come from the Union. Decisions of the arbitrator shall be final and binding on both parties. Costs incurred for the arbitrator shall be borne equally by both parties. Authority of the arbitrator is limited to matters of interpretation or application of the express provisions of this Agreement that directly pertain to the issue(s) submitted in writing for arbitration. The arbitrator shall consider and decide only the specific issues submitted in writing, and shall have no power or authority to add to, subtract from, amend, or modify any of the terms or provisions of this Agreement. If a grievance is not presented within the time limits set forth above, it shall be considered waived. A time limit in each step may be extended by mutual agreement of the Employer and the Union. Employer grievances shall be filed with the Union representative at Step 2 answer. Within tenof the procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1: For the purpose of this Agreement, the term Grievance means any misunderstanding, controversy or dispute between the City and the Union or between the city and any employee concerning the effect, interpretation, application, and claim of breach or violation of this Agreement.
A. A Section 2: Any such grievance shall be defined as a settled in accordance with the following grievance procedure:
(a) The dispute or disagreement raised grievance shall be taken up by an the Xxxxxxx, the aggrieved employee against and the Employer involving the interpretation or application immediate supervisor of the specific provisions department involved. The immediate supervisor of the Agreementdepartment involved. The immediate supervisor shall render a decision by the close of the working day if handed in before noon, otherwise by noon of the following day.
B. The process for commencing and resolving grievances (b) All grievance procedures in collective bargaining agreements shall be as follows:
STEP 1. To initiate a grievanceamended to require that grievances be specific and in writing relative to their nature, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature section of the disputecontract involved, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the disputerequested remedy. The written notice of grievance union must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made submit all grievances in writing to the Employer appropriate City Department Director. The grievance must be filed within ten a 7-day period following the first occurrence, which gave rise to the grievance. The City will have no duty to process or arbitrate any grievance, which does not comply with these requirements.
(10c) calendar days after receipt If no satisfactory settlement is reached, the Shop Committee shall call in the Business Representative and/or Grand Lodge Representative of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held International Association of Machinists and Aerospace Workers and shall meet with the City Operations Director Solicitor or his/her representativethe Controller; and whichever position is in appropriate control, and the Shop Committee.
(d) In the event the grievance or dispute is settled, such settlement shall be reduced to writing and copies distributed to all persons involved. In the event the grievance or dispute is not settled in a manner satisfactory to the grieving party (Union or City), within five (5) days, the Fire Chiefgrieving party has the right and authority to submit such grievance or dispute to arbitration within 45 days in the manner hereafter provided.
Section 3: General grievances or disputes affecting the employees in a Unit as a whole and discharge grievances may be initiated by the Shop Committee directly at Step (B).
Section 4: While a grievance is being processed and until a final decision has been arrived at, the grievant(s), conditions and a Union Representativerelationships existing at the time of the grievance shall remain unchanged.
Section 5: Either party to this Agreement shall be permitted to call employee witnesses at each and every step of the grievance procedure. The City Operations Director City, on demand, will produce production, payroll
Section 6: The grievance procedure and arbitration provided for herein shall give constitute the Union sole and exclusive method of determination, decision, adjustment or settlement between the Employer’s Step 2 answer in writing within ten (10) calendar days after parties of any and all grievances as herein defined and the Step 2 meeting. Any grievance not appealed in writing procedure and arbitration provided herein shall constitute the sole and exclusive remedy to Step 2 be utilized by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If parties hereto for such determination, decision, adjustment, or settlement of any and all grievances mod disputes as herein defined, whether or not either party to the grievance is not resolved at Step 2, contract considers the Union may appeal the grievance to Step 3 by giving written notice same as a material breach of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tencontract or otherwise.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 1. In a mutual effort to provide a harmonious working relationship between the parties of this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover both grievances involving the application or interpretation of this Agreement and grievances involving discharge, suspension, demotion, or any other adverse personnel action against a member covered by this Agreement.
A. A 2. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, the grievance shall be defined as a dispute or disagreement raised considered conclusively abandoned. Any grievance not answered by an employee against Management within the Employer involving prescribed time limits shall automatically advance to the interpretation or application of the specific provisions of the Agreementnext higherstep.
B. The process for commencing 3. Where a grievance is general in nature in that it applies to a number of members rather than a single member, or if the grievance is directly between the Employee Organization and resolving grievances the Department or the City, such grievance shall be as follows:
STEP 1. To initiate a grievance, presented in writing directly to the Union representative shallChief of Police, within the time period specified belowlimits provided for the submission of a grievance in STEP 1. The grievance shall be signed by the aggrieved members or the President of the Employee Organization. Thereafter, inform the grievance shall be processed in accordance with procedures set forth in STEP 5 and STEP 6.
4. Where a grievance involves discharge, suspension, demotion, or other disciplinary action invoked by the Chief of Police or his/her designee in writing describing any other Department Head, the nature processing of the disputegrievance shall commence at STEP 6 of the grievance procedure, within the employee(s) affected, time limits provided for the contract provision at issue and the remedy soughtsubmission of a grievance inSTEP 1.
5. A meeting All other grievances shall be held among presented in the grievant(s), the Union representative following manner and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 effort shall be made in writing by the parties to secure the prompt disposition of such grievances. STEP 1: The grievance shall be reduced to writing, utilizing Police Department form #CG042, Grievance Documentation, by the member and will present the form to the Employer immediate supervisor within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenfourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A Grievances within the meaning of the grievance and arbitration procedure shall be defined as a dispute or disagreement raised by an employee against the Employer involving consist only of disputes about the interpretation or application of particular clauses of this Agreement and about alleged violations of this Agreement. In the specific provisions event of any dispute concerning the meaning or application of any provision of this Agreement or a dispute concerning an alleged violation of this Agreement, there shall be no suspension or disruption of work, but such dispute shall be treated as a grievance and shall be settled, if possible, by and the Union. In the interests of expediting the procedures, the parties shall process grievances in the following manner: DISCUSSION Disputes arising out of the Agreement.
B. The process interpretation or alleged violation of this Agreement shall, if possible, be settled by discussion between the employee and/or his xxxxxxx and the employee's supervisor. FIRST STEP dispute cannot be resolved by this method, the Accredited Union Representative for commencing and resolving grievances the Union may file a formal grievance on the prescribed form with the Site Representative or Area Construction Manager. Such grievance shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief filed within fifteen (15) calendar working days of the knowledge of the alleged violation of the Labor Agreementgrievous act. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within Within ten (10) working days of the filing of the grievance, the Site Representative or Area Construction Manager shall investigate the grievance and convene a meeting which he or the Accredited Union Representative considers necessary to resolve it. The Site Representative or Area Construction Manager shall give his reply on form to the Accredited Union Representative within five (5) working days from the date of the First Step meeting. Copies of completed grievance forms signed by the appropriate parties shall be filed by the Site Representative or Area Construction Manager with the General Manager of and by the Accredited Union Representative with the International Representative of the Union. If a First Step grievance meeting is considered appropriate, the Management Committee shall comprise the Site representative or Area Construction Manager, or their designates, plus two (2) Management officials, one (1) of whom shall be a representative of the Employer against whom the grievance has been filed. The Union Committee shall comprise the Accredited Union Representative plus two (2) additional Union officials. SECOND STEP If a dispute has not been resolved at the First Step of the grievance procedure, the Accredited Union Representative may refer the grievance on the prescribed form to Grievance Officer. Such grievances shall be referred within ten (1 0) working days after the disposition has been issued under the First Step of this procedure. A copy of the grievance is receivedform shall be forwarded by the Accredited Union Representative to the International Representative of the Union. The Fire Chief’s response(sGrievance Officer shall investigate the grievance and convene a meeting which he or the International Representative considers necessary to resolve it and give his reply on the prescribed form to the International Representative of the Union within five (5) working days from the receipt of the grievance form which was completed at First Step. If a Second Step grievance meeting is considered appropriate, the Management Committee shall comprise the Grievance Officer plus two (2) other Management representatives, one (1) of whom shall be provideda representative of the Employer against whom the grievance has been filed. The Union Committee shall comprise three (3) persons, in writing, including the International Representative and the Accredited Representative for the plus one (1) other representative of the Union. OR UNION GRIEVANCES The processing of grievances shall begin at the Second Step. may submit either policy or specific grievances. The Union may also institute policy grievances at this Step. Such policy or specific grievances shall be submitted within ten thirty (1030) calendar days of the meeting.
STEP 2alleged grievous act. If TIME LIMITS The time limits as to both documents and procedure set out in the above Sections shall be complied with by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposed. Where no answer is given within the time limits specified in the grievance is not resolved through Step 1procedure, the employee concerned, the Union may appeal or shall be entitled to submit the grievance to Step 2 the next step of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meetinggrievance procedure. Any grievance not appealed processed within the time limits specified in writing to Step 2 by the Union within ten (10) calendar days grievance procedure shall be considered waived.
STEP 3deemed to have been settled and ineligible for arbitration. If the grievance is not resolved Alleged unjustified termination, discharge, suspension or disciplinary action may be grieved beginning at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel CommitteeFirst Step. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenGRIEVANCE FACILITIES
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as under this Agreement is a dispute dispute, claim, or disagreement raised complaint arising under and during the term of this Agreement and filed by an employee against in the Employer involving bargaining unit or policy grievances by the Union. Grievances are limited to matters of interpretation or application of the specific express provisions of this Agreement and memorandums of understanding executed by the Agreementparties which state that they are subject to the grievance procedure.
B. Every employee in the bargaining unit shall have the right to present grievances in accordance with the procedure provided herein.
C. The process for commencing parties, recognizing that an orderly grievance procedure is necessary, agree that each step must be adhered to and resolving grievances an xxxxxxx effort shall be as follows:made to promptly resolve grievances in accordance with the procedure provided herein. GRIEVANCE PROCEDURE - Continued Resolution at the lowest possible level of supervision is encouraged.
STEP 1D. Grievances shall be filed in writing within fifteen (15) days of the event, occurrence, or reasonable knowledge of the facts giving rise to the grievance. To initiate a grievanceOnce filed, the time limits provided hereinafter may be extended upon the mutual agreement of the Union representative shalland the City. For purposes of this Article, within the all time period specified belowperiods, inform the Chief or his/her designee shall be calendar days.
E. Grievances not appealed in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), by the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief next step within fifteen (15) calendar days, except as hereinafter provided for medical grievances, shall be considered settled, without prejudice, on the basis of the last answer (provided that, in cases concerning medical grievances, the Union shall have an additional sixty (60) calendar days from receipt of the first step answer to appeal such answer to the second step). Grievances not answered on time may be moved to the next step. All time limits of the grievance procedure may be shortened or extended by matual agreement in writing.
F. Grievances shall be processed according to the following procedure:
Step 1 An employee who believes he has a grievance may discuss his complaint with his immediate supervisor, with or without the presence of his unit representative. The parties shall discuss the grievance in a friendly manner and shall make every effort to reach a satisfactory settlement at this point. The employee shall have the right to discuss the complaint with his unit representative before any discussion takes place with the supervisor. The supervisor shall make arrangements for the employee to be off his job for a reasonable period of time in order to discuss the complaint with his unit representative. GRIEVANCE PROCEDURE - Continued
Step 2 If the matter is not satisfactorily settled by oral discussion at Step 1, a grievance may be -submitted in written form by the unit representative to the Commissioner. The written grievance shall set forth the nature of the grievance, the date of the matter complained of, the name(s) of the employee(s) involved, so far as diligent effort will allow, and the provisions of the Agreement, if any, that the grievant claims have been violated. The Commissioner will hold a meeting with the members of the Grievance Committee which will be held within seven (7) days after referral to this step to discuss the grievance. If not satisfactorily adjusted at this meeting, the Commissioner shall give his written answer within seven (7) days of the knowledge meeting.
Step 3 If not satisfactorily settled at Step 2, the grievance may be referred to the Labor Relations Director. A meeting between the Labor Relations Director and/or his designated representative(s) and members of the alleged violation of Grievance Committee shall be held within seven (7) days after referral to the Labor Agreement. The Union is encouraged Relations Director to discuss the matter grievance. If not satisfactorily adjusted at this meeting, the Labor Relations Director or his designated representative shall give his written answer within fourteen (14) days of the meeting. Step 4 - Arbitration
1. Any unresolved grievance, having been processed through Step 3 of the grievance procedure, may be submitted to arbitration by either party in accordance with this Article. The right to proceed to arbitration shall exclusively be held by the Union and the City only. Arbitration shall be invoked by filing a demand to arbitrate with the Chief American Arbitration Association or Federal Mediation and Conciliation Service within the time limits hereinafter provided. GRIEVANCE PROCEDURE - Continued
2. The arbitrator shall limit his decision strictly to the interpretation, application or enforcement of this Agreement and he shall be without power and authority to make any decision:
a. Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement.
b. Granting any wage increases or decreases.
c. Granting any right or relief for any period of time whatsoever prior to filing a grievancethe execution date of this Agreement. This shall not be the case, however, with regard to grievances over wages, hours, or other terms and conditions of employment which were made effective prior to the execution date of this Agreement.
3. The meeting must take place arbitrator shall be without authority to require the City to delegate, alienate or relinquish any powers, duties, responsibilities, obligations or discretions which by State law or City Charter the City cannot delegate, alienate or relinquish.
4. The decision of the arbitrator in a case shall not require a retroactive wage adjustment in another case, except by express agreement of the parties.
5. The decision of the arbitrator shall be final and binding upon the City, the Union, and the affected employee(s), and there shall be no appeal from the arbitrator's decision, if made in accordance with his jurisdiction and authority under this Agreement.
6. The right of either party to invoke arbitration over an unadjusted grievance is limited to a period of forty-five (45) days from the final action taken on such grievance under Step 3 of the grievance procedure, and any grievance not submitted within such period shall be deemed settled on the basis of the last answer given by the City.
7. in the event a case is appealed to the arbitrator and he finds that he has no power to rule on such GRIEVANCE PROCEDURE - Continued case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case.
8. The expenses of the arbitrator shall be the responsibility of the City and the Union in the following manner. The City and the Union shall individually make arrangement for, and pay the expense of, their respective witnesses who are called by them. The expenses of the arbitrator shall be shared equally by the City and the Onion.
9. The aggrieved, a local representative, and witnesses testifying before such proceeding shall not lose pay for the time off the job while attending the arbitration proceedings.
10. All records, reports and other information pertaining to a grievance which the requesting party seeks to utilize in an arbitration proceeding shall be made available for inspection by the requesting party within ten (10) days after from written request to the grievance Labor Relations Director for the Employer or the President for the Union, or twenty (20) days prior to the arbitration hearing, provided a request for a specific document(s) is receivedmade in a timely manner. Failure to provide the requested information shall preclude the party from whom it was requested from introducing it as evidence in arbitration. Provided, however, this provision shall not preclude either party from making subsequent requests or providing additional information.
11. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, City and the Union may appeal mutually agree to submit a case to expedited arbitration under procedures agreeable to the parties, where both parties agree that expedited arbitration would be beneficial.
G. Notwithstanding any other provisions herein, individual employee(s) may present their own grievances to the Employer and have them adjusted without the intervention of the Union; providing, however, that the Employer has given the Union notice and an opportunity to be present at such GRIEVANCE PROCEDURE - Continued adjustment. in no event shall any such adjustment be contrary to or inconsistent with the terms of this Agreement.
H. Policy grievances may be submitted by the Union to the second or third step of the grievance procedure.
I. In instances where the subject matter of the grievance lies within the jurisdiction of specific City agencies (e.g., Payroll, etc.), the grievance steps may be reduced in order to bring the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 agency's immediate attention for a recommendation as to the City’s Operation Director. The referral action to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved taken at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten3.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance Supervisor who contends that there has been a violation of the Terms of this Agreement shall first endeavor to rectify the alleged violation informally through discussion with the Police Chief. Such discussion shall be defined for a mutually convenient time, and shall be scheduled as a dispute expeditiously as possible. The grievance may be presented at such an informal meeting by the grievant or disagreement raised by an employee against the Employer involving the interpretation one officer or application grievance committee member of the specific provisions Association. If the matter is not settled to the satisfaction of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievancegrievant, the Union representative shall, within matter may then be moved to the time period specified below, inform the Chief or his/her designee in writing describing the nature first step of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the disputegrievance procedure. The written notice filing of the Step 1 grievance must be presented to the Police Chief must occur within fifteen fourteen (1514) calendar days of the knowledge of the alleged violation or violations.
Step 1. The grievance shall be submitted in written form to the Chief of Police. The grievance must state which Article of the Labor AgreementAgreement has allegedly been violated and the relief or action sought. The Union is encouraged Police Chief shall answer the grievance in writing, such answer to discuss be given within fourteen (14) days of receipt of the matter with the Chief prior to filing a written grievance. The meeting must take place If no additional action is taken by the Association within ten (10) days after of receipt of the answer, the grievance shall be considered settled.
Step 2. If the answer received by the Association is receivedunacceptable, the grievance may be moved to the second step of the grievance procedure. The Fire Chief’s response(s) grievance shall be provided, in writing, submitted within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer first step answer, in Step 1writing, to the Town Manager. Upon The written grievance shall state what Article of the referral Agreement is alleged to Step 2, have been violated and the relief or action sought. The Town Manager may request a meeting will be held with the City Operations Director representative of the Association to discuss the grievance. Whether such a meeting is held or his/her representativenot, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director Town Manager shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice within fourteen (14) days of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tensecond step grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. 1001 A "grievance" shall mean any dispute between an employee, group of employees, or the Union and the Employer regarding the interpretation, application or alleged violation of this Agreement. 1002 For the purposes of determining lengths of time in the following grievance shall be defined as a dispute and arbitration procedures, Saturdays, Sundays and General Holidays are excluded. 1003 Unless dismissed or disagreement raised suspended by the Employer, an employee against shall continue to work in accordance with this Agreement until such time as the dispute is settled between the representatives of the Employer involving and the interpretation or application Union. 1004 At each step of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievancegrievance procedure, the grievant may elect to be represented or accompanied by one or more Union representative shallrepresentatives. 1005 Complaint Stage Within fourteen (14) calendar days after the cause of a grievance manifests itself, the grievant shall attempt to resolve the dispute with his immediate supervisor outside the bargaining unit. In the event of a grievance originating while the employee is on approved leave of absence from work, such grievance must be lodged within fourteen (14) days of return. 1006 Step 1 If the grievance is submitted but not resolved within the time period specified belowstipulated in Article 1006, inform the Chief or his/her designee grievant and/or Union representative may, within the ensuing seven (7) calendar days submit the grievance in writing describing to the nature of the dispute, the employee(s) affected, the contract provision at issue Department Head or designate stating allegations and the remedy redress sought. A meeting The appropriate department head or designate shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The provide a written notice of grievance must be presented to the Chief decision within fifteen (15) seven calendar days of the knowledge receipt of the alleged violation written grievance. Failing settlement of the Labor Agreement. The Union is encouraged to discuss grievance at Step 1 or at the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days expiry of the meeting.
STEP 2. If the grievance is not resolved through time limits to respond at Step 1, the Union may appeal the refer that grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Directorsite administrator or designate within a further ensuing seven (7) calendar days. The referral to Step 2 site administrator or designate shall be made in writing to the Employer within ten provide a written decision with seven (107) calendar days after of the receipt of the Fire Chief’s answer in Step 1written grievance. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. 1008 If the grievance dispute is not resolved at by the decision in Step 2, the Union and/or Employer may appeal refer the grievance matter to Step 3 Arbitration by giving serving written notice of the appeal to Step 3 to the Chair other party of the City’s Personnel Committee. The referral to Step 3 shall be made its intention within ten seven (107) calendar days following the receipt thereafter. 1009 A grievance concerning general application or interpretation of the Employer’s final Step 2 answerAgreement, including the question of whether a matter falls within the scope of this Agreement or which affects a group of employees or the Union, may be referred directly to the site administrator or designate, by the Shop Xxxxxxx or delegate. Within ten1010 A grievance arising from a dismissal may be initiated at the site administrator or designate level. 1011 The time periods designated in the grievance procedure may be extended by mutual agreement and shall be confirmed in writing.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A Notwithstanding the steps outlined in Article it is the mutual desire of the Board and the Association that all complaints and grievances shall be addressed as quickly as possible. An Occasional Teacher grievance under this Agreement shall be defined as any difference or dispute between the Board and any Occasional Teacher which related to the interpretation, application or administration of this Agreement. An Association Grievance is defined as a difference or dispute of this agreement which concerns a number or disagreement raised by an employee against the Employer involving the interpretation or application all of the specific provisions Occasional Teachers relating to the interpretation, application or administration of this Agreement. The following procedure shall be adhered to in processing grievances: Step I In the event of a grievance by any Occasional Teacher, shall take the matter up with the principal, or the Board, within, and not after, twenty (20) working days after the Occasional Teacher became aware or ought to have become aware of the Agreementincident or circumstances giving rise to the grievance. Step Failing satisfactory settlement at Step the Occasional Teacher shall file a grievance by submitting a concise statement of the facts complained of and the redress sought. The Administrator of Human Resources shall convene a meeting with the and the Association representative within ten 0) working days of receipt of the letter of grievance. The Administrator of Human Resources shall render a written decision to the Association. Step If the grievance remains unresolved after Step the Occasional Teacher may take the matter to the Association for consideration with respect to Arbitration.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a a) In the event of an Association grievance, the Union representative shallLocal President shall take the matter up with the Administrator of Human Resources within, within and not after, twenty (20) working days from the time period specified belowthe Association became aware or ought to have become aware of the incident or circumstances giving rise to the grievance. Association grievances shall commence at Step of the grievance process.
a) After exhausting the grievance procedure, inform either party may notify the Chief or his/her designee other party in writing describing of its desire to submit the nature difference or allegation to either a single arbitrator, or a Board of Arbitration, as agreed to by the disputeparties. In the event the parties do not agree on the selection of either a Board of Arbitration, the employee(s) affectedor a single arbitrator, the contract provision at issue and the remedy soughtit is agreed that a Board of Arbitration will be selected. A meeting The Board of Arbitration shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice composed of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chiefeach party’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), nominee and a Union Representativemutually agreed upon Chair. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenEastern Ontario Occasional Collective Agreement
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance 6.01 The Union shall constitute a Grievance Committee which shall be defined comprised of not more than four (4) persons selected by the Union who shall be employees of the Company and such Committee shall hereinafter be referred to as “the Grievance Committee”. The Union shall notify the Company in writing from time to time of the names of the persons constituting the Grievance Committee and the name of the Chairman of this Committee.
6.02 The Union may appoint employees as stewards in a dispute ratio of one (1) to every twenty (20) employees or disagreement raised by an employee against fraction thereof including designated stewards on the Employer involving Union executive or Bargaining committees. The Union shall notify the interpretation Company in writing of names of such shop stewards.
6.03 Should differences arise between the Company and the employees as to the meaning, the interpretations or application of the specific provisions of the this Agreement.
B. The process for commencing and resolving grievances , an effort shall be as follows:
STEP 1made to settle such differences via the grievance procedure or arbitrate immediately in the following manner: Step One : The Shop Xxxxxxx, with or without the grievor, shall meet in private and discuss the problem with the Supervisor. To initiate Prior to the meeting, the Supervisor shall provide the Xxxxxxx a grievancefew minutes for familiarization with the grievor at a place designated by the Supervisor. The Union specifically agrees that the duration of this period for familiarization will be solely for that purpose and will not be abused. If said discussion does not resolve the problem within one full working day after the matter has been discussed, the Union representative Xxxxxxx shall, within the time period specified belowthree (3) working days, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after present the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union RepresentativeSupervisor. The City Operations Director Supervisor shall give answer the Union the Employer’s Step 2 answer grievance in writing within ten three Step Two: Failing satisfactory settlement at Step One, a member of the Grievance Committee shall forward the written grievance to the Human Resource Manager within (105) calendar full working days of the decision rendered at Step One. A member of the Grievance Committee and the Xxxxxxx of the department involved shall meet with the Human Resource Manager and the Supervisor involved in Step One within five (5) full working days thereafter or a mutually agreed upon time. The parties shall attempt to resolve said grievance. Failing satisfactory resolution, a written answer shall be given by the Human Resource Manager within five (5) full working days after the Step 2 such meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved Three: Failing satisfactory settlement at Step 2Two of the Grievance Procedure, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenGrievance
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A) The term grievance shall mean a dispute between the City and the Union regarding the interpretation and application of the clauses of this collective bargaining agreement. A grievance shall only contain articles within the contract.
B) When a grievance or dispute arises in any department, an honest effort shall be defined as a made to settle the issue in the following manner:
1) Between the aggrieved employee, the xxxxxxx and the supervisor.
2) Between the xxxxxxx and the City Manager’s designee.
3) Between the grievance committee and the City Manager’s designee.
4) The Union President and/or International Representative may attend at any step of this grievance procedure.
C) An employee must make known his grievance at step (1) within five days of the alleged dispute or disagreement raised controversy. The supervisor will give the employee filing the grievance a written answer within five days. If it is not settled to the employee's satisfaction, the grievance must be carried to step (2) within five days of (1). If a solution has not been reached after step (2) then the grievance must be brought to step (3) within ten days after (2).
D) If the employee or Union fails to file the grievance or appeal it within these time limits, the City is under no obligation to discuss the grievance, but may do so at its prerogative. These time limits may be changed by an mutual consent of both parties.
E) The grievance automatically proceeds to the next step should the City fail to answer at the previous step. No employee against shall lose pay because of attendance at grievance meetings.
F) The time limits specified in the Employer involving grievance procedures shall exclude Saturdays, Sundays and observed holidays.
G) Any employee suspended or discharged will be notified in writing as to the interpretation or application reason for the action taken by the supervisor concerned at the time of the specific provisions incident, or promptly after such disciplinary action is taken, not to exceed 72 hours.
H) A copy of the Agreementdiscipline will be given to the Xxxxxxx and the Local Union President at the earliest time following the employee being notified or in the presence of the employee at the time of discipline not to exceed 48 hours.
B. I) An employee's discipline record will be removed after: • 12 months verbal warning • 15 months for written warnings • 18 months for suspension
1) Notice of arbitration must be served in writing to the City Manager’s designee within 14 calendar days after his final written answer has been received. The process for commencing notice of arbitration shall clearly state the issue of dispute to be arbitrated and resolving grievances shall the articles of the agreement alleged to be as follows:violated.
STEP 1. To initiate a grievance2) Within five (5) days of when the City receives the notice of arbitration, the Union representative shallshall request a list of five (5) arbitrators from the Iowa Public Employee Relations Board (P.E.R.B.). Either party may refuse one list before striking of names begins. The parties shall determine by lot which shall take the first strike. The City and the Union shall continue striking names until one is left. He shall be the sole arbitrator.
3) For disciplinary grievances in which the discipline is a ten day suspension or less, within job classifications and language interpretation grievances the time period specified below, inform parties shall utilize a mediator/arbitrator form of resolution. This form of grievance resolution shall permit the Chief or hismediator/her designee arbitrator to first attempt to mediate the grievance. If unsuccessful in writing describing the nature of the disputemediation process, the employee(s) affected, mediator/arbitrator shall issue a final and binding ruling at that time that will be without precedence. For disciplinary grievances in which the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union discipline is encouraged to discuss the matter with the Chief prior to filing greater than a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, day suspension up to termination the Union may appeal begin with the 3rd step of the grievance process.
4) The arbitrator shall not have the power to Step 2 modify, add to or detract from any part of this agreement, but shall only interpret or determine compliance with the Grievance Procedure articles of this agreement. A decision by giving written notice of the appeal to Step 2 arbitrator shall be binding upon both parties. The arbitrator shall attempt, to the City’s Operation Director. The referral best of their ability, to Step 2 shall be made in writing deliver to both the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with Union and the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer his decision in writing within ten thirty (1030) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 such arbitration hearing.
5) The fees and costs, if any, shall be shared equally by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of and the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall is defined to be defined as a any controversy, complaint, misunderstanding or dispute or disagreement raised by an employee against may have with the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt County relative to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the an alleged violation of the Labor express terms of this Agreement. The Union purpose of this procedure is encouraged to secure at the lowest possible level, an equitable settlement to the problem which may arise affecting the terms and conditions of this Agreement or any working conditions. The parties agree that this procedure will be kept as informal as appropriate. Nothing contained herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Chief prior Department, and having the grievance adjusted without the intervention of the Union. Any grievance arising between the Employer and the Union or any employees represented by the Union shall be resolved in the following manner:
Step 1: The aggrieved employee or employees must present a grievance in writing to filing a grievancethe first line supervisor through the shop xxxxxxx within five (5) working days after knowledge of the grievance or the reason for the grievance has occurred. The meeting must take place within ten (10) days shop xxxxxxx will investigate and attempt to adjust the grievance of any employee after notification to the supervisor. The employee shall have the right to have a Union representative present during discussion of any grievance with representatives of the Employer. If a satisfactory resolution of the grievance is receivednot reached with the first line supervisor within three (3) working days, the grievance may be appealed to Step 2 within two (2) working days thereafter.
Step 2: If the grievance has not been resolved at Step 1, within two (2) working days thereafter, the Union Business Representative may present the grievance to the Division Head. The Fire Chief’s response(sDivision head must render his/her decision within five (5) shall be provided, in writing, within ten (10) calendar working days thereafter. If there is no resolution of the meeting.
STEP grievance within five (5) working days, the employee or the Union may bring the grievance to Step 3 within two (2) working days thereafter. If the grievance is has not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not been satisfactorily resolved at Step 2, the Union grievance may appeal the grievance be brought to Step 3 by giving written notice within two (2) working days of a decision or expiration of the appeal time to make a decision from Step 3 2. The grievance at this step shall be brought to the Chair of the City’s Personnel CommitteeDepartment Head (Director or Public Works or his/her designee). The referral Department Head shall have five (5) days thereafter to Step 3 shall render a decision. If no satisfactory resolution can be made within ten reached under Steps 1 through 3, the Union will refer the matter to Local 469 for review by a board of three (103) calendar days following Executive Board members for determination as to whether the receipt of grievance should be referred to arbitration. The County and the Employer’s final Step 2 answer. Within tenUnion may continue to attempt to resolve the grievance despite this referral.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE PROCEDURE.
A. A grievance 11.01 Within the terms of the Agreement, a Grievance shall be defined as a dispute difference between the parties arising from the interpretation, application, administration or disagreement raised by an employee against the Employer involving the interpretation or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of this Agreement including any question as to whether a matter is arbitrable. The time limits fixed in the Labor Agreementgrievance procedure may be extended by mutual consent of the Parties.
11.02 It is the mutual desire of the Parties that an xxxxxxx effort shall be made to settle all complaints and grievances fairly and promptly. In order to provide an orderly and speedy procedure for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and the Union Stewards. The Xxxxxxx may assist any employee which the Xxxxxxx represents in preparing and presenting her grievance in accordance with the grievance procedure. The Union is encouraged shall notify the Employer in writing of the name of each Xxxxxxx and the name of the Chief Xxxxxxx before the Employer shall be required to recognize her. The list of stewards shall be posted in each work place by the Union and on internal electronic bulletin boards.
11.03 If an employee has a grievance or complaint, she may discuss the matter with her immediate non-union supervisor in the Chief prior presence of a Union Representative within seven (7) working days after the circumstances giving rise to filing the complaint have occurred. Failing settlement with the non-union supervisor within two (2) working days thereafter, the complaint may be taken up as a grievance in the following manner:
Step 1 If the Xxxxxxx and/or the Grievance Committee consider the grievance to be justified, the employee, who may be assisted by a xxxxxxx, may submit the grievance in writing to the immediate non-union supervisor within ten (10) working days following the circumstances giving rise to the grievance. The non- union supervisor shall submit her answer in writing within five (5) working days of the filing of the grievance at Step 1.
Step 2 Failing settlement of the grievance at Step 1 the grievor and the xxxxxxx shall present the grievance in writing to the Chief Librarian within ten (10) working days. A date shall be agreed upon by the parties for presentation and discussion of the grievance. Such meeting must shall take place within ten (10) working days of the filing of the grievance at Step 2. The decision of the Chief Librarian shall be delivered in writing within five (5) working days after a meeting has been held. If the Chief Librarian is the grievor's immediate non-union supervisor, Steps 1 and 2 may be combined. Failing settlement at Step 2, then Step 3 may be invoked.
Step 3 Failing a settlement being reached in Step 2 the Union or the Employer may refer the dispute to Arbitration within twenty (20) working days.
11.04 For purposes of Article 11 only, “working days” shall mean Monday to Friday, excluding Saturday, Sunday and Paid Holidays.
11.05 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union or the Employer has a grievance, Step 1 of this Article may be bypassed. A grievance is received. The Fire Chief’s response(s) shall under this section must be provided, in writing, within filed not later than ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar working days after the Step 2 meeting. Any grievance not appealed circumstances giving rise to the dispute.
11.06 Grievances and replies to grievances stating reasons shall be in writing to Step 2 in all stages.
11.07 The Union recognizes that each xxxxxxx is employed by the Union within ten (10) calendar days Employer and that she shall be considered waivednot leave her work during working hours except to perform her duties under this Article.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance Should any dispute arise between the Company and the Employees or the Company and the Association as to the interpretation, application or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a “working day” shall be defined as a dispute or disagreement raised by company day of operation i.e. Monday through Saturday exclusive of statutory holidays. Timelines within the grievance procedure must be adhered to unless extensions are mutually agreed to between the parties. The grievance shall be considered abandoned unless the parties have mutually agreed to an extension. Management and the employee against are responsible to ensure the Employer involving grievance procedure moves forward. Should responses not occur within the interpretation or application timeframes, the employee and/or the Association Representative can seek assistance from the Human Resource Manager.
Step 1 Within three (3) days of the specific provisions occurrence of the Agreementdifference, 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 employee at this stage in the procedure. If the matter is not resolved within five (5) 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 five (5) working days. Present the Grievance form to the Plant 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.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance Grievances must be presented submitted to the Chief Arbitrator within fifteen (15) calendar days of the knowledge completion of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 3 of the Grievance Procedure Procedure.
2. Each grievance will be heard by giving written notice a single independent Arbitrator.
3. The single Arbitrator will be selected from one of the appeal to Step 2 to the City’s Operation Directorfollowing: - Xxxxx Xxxxx - Xxxxx XxXxxxxxxx - Xxxx Xxxxxx
4. The referral to Step 2 appointed Arbitrator can only apply the agreement; they cannot add/amend anything in the agreement.
5. During Arbitration, you may be accompanied by and represented by an Association Representative, if one is unavailable, any fellow employee.
6. The Company will pay the Arbitrator’s expenses.
7. The Arbitrator’s decision shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), final and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waivedbinding.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Wage and Working Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an employee against It is the Employer involving the interpretation or application desire of the specific provisions County to afford each of its employees a method of possible redress and adjustment of employee grievances where possible. In pursuit of this policy, the Agreement.
B. The process for commencing and resolving grievances following procedures shall be as followsprevail:
STEP Section 1. To initiate An employee having a grievancegrievance with relation to working conditions shall present the same as clearly and fully as possible to his immediate supervisor at a time which shall not cause interruption of his regular working day, the Union representative and at a time which shall, within as far as possible, enable the time period specified belowimmediate superior to record the grievance and give it full and proper consideration. All grievances, inform the Chief or his/her designee in writing describing the nature of the disputeto be valid, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after from the time that the employee contends he was aggrieved. In presenting a grievance to an immediate supervisor, the employee may do so alone or may be accompanied by his xxxxxxx or representative of his Union.
Section 2. Should satisfactory adjustment of an employee grievance not be secured by reason of presentation to the employee's immediate supervisor, the grievance is receivedshall then be put in written form and taken to the Executive Director of the office. Such grievance shall be presented to the Executive Director of the office within forty-eight (48) hours after conference with immediate
Section 3. The Fire Chief’s response(sExecutive Director of the office will consider the grievance and render a decision on the same, or in the event it fails to do so within seven (7) days from the date of the immediate supervisors meeting, the decision of the immediate supervisor will be considered affirmed by the Executive Director of the office.
Section 4. In the event the Union wishes to take the dispute to arbitration, the union shall be providednotify the Executive Director of the office and the County Commissioners, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance Union’s intention to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer do so within ten seven (107) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar working days after the Step 2 meetingdecision of the Executive Director of the office was given or after the lapse of the above-mentioned seven (7) day period.
Section 5. Any grievance not appealed The Union and the County agree to obtain an arbitrator from the Federal Mediation and Conciliation Service and to follow its procedures in writing to Step 2 by selecting an arbitrator. The Union and the Union within ten (10) calendar days County will share equally in the cost of arbitration. The parties hereto agree that the decision of the arbitrator shall be considered waivedfinal and binding.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A Informal Review (With employee's immediate supervisor) Before commencing the formal grievance shall be defined as a dispute procedure, an individual employee, or disagreement raised by an employee against the Employer involving the interpretation group of employees, with or application of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievancewithout their representative, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in may first attempt to resolve informally the disputegrievance with the immediate supervisor. Grievance Procedure ‐ Formal Review STEP 1 (Supervisor to issue Response) All grievances (individual, group, or union) must be filed either by U.S. mail or hand delivery, and received by the Labor Relations Office at the campus/hospital/laboratory which employs the grievant(s) within thirty (30) calendar days after the date on which the employee or UPTE knew or could be expected to know of the event or action giving rise to the grievance. Informal attempts of settlement to resolve shall not extend time limits including the initial thirty (30) day filing limit. Grievances received after the filing deadline will be processed solely for the purposes of determining whether the grievance was untimely. The University's written notice of grievance must response will be presented issued to the Chief grievant and the representative, if any, within fifteen (15) calendar days after the formal grievance is filed. If the response is not issued within this time limit, or if the grievance is not resolved at Step 1, the grievance may proceed to Step 2. Step 2 (Labor Relations to issue Response) If the grievance is not resolved at Step 1, the grievant or the Union may proceed to Step 2 by filing a written appeal with the Labor Relations Office within fifteen (15) calendar days of the knowledge of date the alleged violation of written response is issued or, if not issued, is due. Unless the Labor Agreement. The Union is encouraged to discuss parties agree otherwise, the matter designated University local official shall convene a meeting with the Chief prior grievant(s) and the grievant's representative, if any, to filing a attempt to resolve the grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten convened no later than fifteen (1015) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice following receipt of the appeal to Step 2 to the City’s Operation Director2. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after During the Step 2 meeting, the parties shall discuss information and contentions relative to the grievance. Any grievance not appealed During the Step 2 process, the parties may agree in writing to Step 2 by amend the Union within ten (10) calendar days shall be considered waived.
STEP 3alleged violations stated in the original grievance. If the a grievance that alleges a violation of Article 6 – Corrective Action, Discipline and Discharge only is not satisfactorily resolved at Step 2, the Union UPTE may appeal the grievance directly to Step arbitration in accordance with Article 3 by giving – Arbitration Procedure. A written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 decision shall be made issued within ten fifteen (1015) calendar days following the Step 2 meeting, or receipt of the Employer’s final Step 2 answer. Within tenappeal if it is agreed that no meeting will be held.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance All questions, disputes, and controversies arising under this Agreement, or any supplement hereto, shall be defined adjusted and settled within the terms and conditions as a dispute or disagreement raised set forth in this Agreement, in the manner provided by an employee against the Employer involving the interpretation or application of the specific provisions of the this Article, unless otherwise expressly provided in this Agreement.
B. . The process procedure for commencing such adjustment and resolving grievances settlement shall be as follows:
: STEP 1. To initiate a grievance, the Union representative shall, within the time period specified below, inform the Chief or his/her designee in writing describing the nature grievance of the dispute, the employee(s) affected, the contract provision at issue an employee shall first be taken up between such employee and the remedy soughtemployee's supervisor. A meeting However, such employee will be entitled to be accompanied by a Shop Xxxxxxx or Union representative. The time limit to institute a grievance shall be held among seven (7) days. STEP Failing settlement under Step such grievance shall be taken up between the grievant(s)employee's supervisor, the or higher authority, and a Shop Xxxxxxx, or Local Union representative and the Fire Chief in attempt to resolve the disputerepresentative. The written notice of grievance Step must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, completed within ten (10) calendar days from the completion of the meeting.
Step STEP 2. If the Failing settlement under Step such grievance and any question or controversy that is not resolved through Step 1, of a kind that is subject to Steps and the Union may appeal grieving party shall reduce the grievance to Step 2 writing, and it will be referredto and taken up in a presentation to a Grievance Board, hereinafter referred to as "The Board". Such Board shall consist of two (2) Union representatives,appointed by the or higher authority of the Grievance Procedure by giving written notice Union, and two (2) representatives of the appeal to Step 2 Company, appointed by an officer of the Company. Appointments to the City’s Operation Director. The referral to Step 2 Board by the Parties shall be made in writing to writing. All members of the Employer Board shall have been duly appointed and so authorized, that any settlement arrived at by the Board on a specific grievance shall be final and binding. Except by mutual agreement between the Union and the Company providing for an extension of time and setting a firm meeting date, Step must be completed within ten (10) calendar days after receipt from the completion date of Step In all such grievance procedures, the Union representative shall act in the capacity of Chairman of the Fire Chief’s answer meeting, and the representative of the Company shall act in Step 1the capacity of Recording Secretary. Upon All copies of all minutes shall be signed and dated by both the referral Union and the Company. STEP Grievance Panel -Whereas the Company and the Union have agreed to Step 2a grievance procedure, a meeting will be held with as provided in Article No. of the City Operations Director or his/her representativeCollective Agreement, and whereas the Company and the Union wish to institutean additional procedurefor the resolution of grievances, therefore the Company and the Union agree as follows; Prior to proceeding to Arbitration, the Fire Chiefgrieving party can request, and if mutually agreed, that the grievance be referred Grievance Panel, established for this purpose by the Company and the Union. The grieving party will advise the other party in writing of its intention to proceed to the Grievance Panelwithin fourteen (14) days after the completion of Step of the Grievance Procedure. The Grievance Panel shall be composed of four (4) persons, two (2) of whom shall be selected by the Company, and two (2) by the Union. In the event that four (4) persons are not available, the grievant(s)Grievance Panel shall be composed of two (2) persons, one (1) of whom shall be selected by the Company and one (1) by the Union. The Company shall not select 'a representative from the Company involved, nor will the Union select a representative from the Local involved. The Grievance Panel shall meet to hear and determine the grievance, and render a Union Representativedecision after hearing the matter brought before it. The City Operations Director majority decision of the Grievance Panel on the disposition of a grievance shall give be final and binding upon the Union parties, and shall have the Employer’s Step 2 answer same effect as a decision rendered by an Arbitrator. Decisions of the Grievance Panel shall not be used as precedents. If the Grievance Panel is unable to reach a majority decision as outlined in Schedule (copy attached) pursuant to paragraph above, the grievance party may proceed to Schedule or an outside Board of Arbitration, by informing the other party in writing within ten fourteen (1014) calendar days after the Step 2 meetingGrievance Panel advises the parties that it is unable to reach a majority decision. Any grievance not appealed Should the parties agree to proceed to Schedule they may proceed as outlined in writing to Step 2 the Rules and Procedures of Schedule The Grievance Panel shall be governed by the Union within ten (10) calendar days Rules of Procedure and the Conduct of Proceedings, established for the Panel, with necessary modifications as set out in Schedule and Schedule hereto attached. STEP Failing settlement under the above steps, the matter will be referred to an agreed upon neutral person to act as an Arbitrator, who will meet with the Parties to hear both sides of the case. Failing to agree upon a neutral person, the Department of Labour will be requested to appoint a neutral Arbitrator. The Arbitrator shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance required to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made hand down his decision within ten fourteen (1014) calendar days following the receipt completion of the Employer’s hearing, and his decision shall be final Step 2 answerand binding on the two (2) Parties to the dispute. Within tenThe cost of the Arbitrator will be borne equally by the Union and the Company.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A With reference to this agreement, a grievance shall be is defined as a any dispute between parties or disagreement raised by an employee against between the Employer Company and employees under the jurisdiction of the Union as to any matter involving the interpretation or application of the specific provisions of the Agreementthis agreement.
B. The process Changes in general business practice, the opening and closing, transferring or leasing of departments, the stocking of lines of merchandise and other matters of similar nature not relating primarily and directly to the day-to-day working conditions of employees and the relations with supervisors, the selection of employees for commencing promotion to positions outside the jurisdiction of the Union, and resolving grievances all matters involving Company rights as set forth in Article V, shall not be subject to grievance procedure and shall not be arbitrable.
C. In the event of a disagreement between the parties as to whether a grievance is arbitrable, the matter at issue shall be referred to an impartial arbitrator, as follows:provided in Article XXIV, Section A, for final decision as to the fact of arbitrability before consideration of the merits of the grievance.
STEP 1. To initiate a grievanceD. Subject to the provisions of Section A to C, inclusive of this Article, the Union representative shall, within following procedure shall be observed in the time period specified below, inform settlement of grievances and it shall be the Chief or his/her designee in writing describing the nature right of the disputeaggrieved employee, the employee(s) affectedon request, the contract provision at issue and the remedy sought. A meeting shall to be held among the grievant(s), the Union representative and the Fire Chief present in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days all steps of the knowledge of procedure.
E. The employee who is the alleged violation of grievant shall present the Labor Agreement. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The meeting must take place grievance in writing, sign it and process it in Step 1 below within ten five (105) business days after the grievance is receivedincident giving rise to the alleged grievance.
1. The Fire Chief’s response(s) aggrieved employee and/or the Business Agent shall be provided, in writing, within ten (10) calendar days of attempt to adjust the meetingmatter at issue with the appropriate manager.
STEP 2. If the grievance is not resolved through Step 1parties are unable to adjust the matter satisfactorily, the grievance shall be submitted in writing by the Union may appeal the grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 shall be made in writing to the Employer Labor Relations Manager within ten two (102) calendar working days after receipt of the Fire Chief’s answer its presentation in Step 1. Upon Within five (5) days thereafter, the referral Chief Business Agent and/or the Business Agent of the respective division of the aggrieved employee representing the Union, shall attempt to Step 2, a meeting will be held adjust the matter at issue with the City Operations Director or his/her representative, Labor Relations Manager representing the Fire Chief, Company.
3. Failing satisfactory settlement between the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing parties within ten seven (107) calendar days after the Step 2 meeting. Any grievance not appealed its presentation in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal matter shall be referred to the grievance to Step 3 by giving written notice Vice-President of Personnel and the Chief Business Agent of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenUnion.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Filenes Basement Corp)
GRIEVANCE PROCEDURE.
A. 11.1 A grievance “grievance” shall be defined as a any complaint, controversy or dispute arising between the Commission and the Union or disagreement raised by an any employee against the Employer involving the or employees concerning questions of interpretation or application of the specific terms, conditions, and provisions of the this Agreement.
B. The process 11.2 An employee who has worked continuously for commencing the Commission for more than sixty (60) days may grieve any aspect of this Labor Agreement, except that the discipline or discharge of any employee who has not acquired seniority under Article 7 shall be final and resolving binding and not subject to the Grievance and Arbitration Procedure.
11.3 Any grievance arising between the Commission and the Union, or an employee(s) represented by the Union, shall be settled in the manner listed below. A Union representative may attend any grievance meeting. Class action or serious discipline (suspensions or discharges) grievances shall be as follows:
STEP 1filed at Step 3. To initiate a grievance, the Union representative shall, within the All time period specified below, inform the Chief or his/her designee limits must be followed unless extended in writing describing the nature by mutual consent of the dispute, the employee(s) affected, the contract provision at issue Commission and the remedy sought. A meeting shall be held among the grievant(sUnion.
Step 1: The employee(s), the with or without a Union representative and the Fire Chief in Xxxxxxx present, will attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreement. The Union is encouraged to discuss the matter by discussion with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chiefemployee’s response(s) shall be provided, in writing, supervisor within ten (10) calendar days of the meetingtime the employee knew or should have known of the events giving rise to the grievance. Failure to attempt to resolve the grievance with the immediate supervisor at Step 1 will result in the grievance being waived. If no supervisor response is given, or if the employee is dissatisfied with the response, or if the meeting is not able to be held within ten (10) calendar days, the grieving employee(s) may proceed to Step 2 of the procedure.
STEP Step 2. : If the grievance is not resolved through in Step 11 or in accordance with the time limit therein, the Union may appeal grieving employee(s) shall formally present the grievance, in writing, to the toll supervisor. The written grievance to must be submitted on a completed form provided by the Union. The Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Director. The referral to Step 2 meeting shall be made in writing to the Employer held within ten five (105) calendar days after receipt of the Fire Chief’s answer written grievance thereof in Step 1. Upon the referral to Step 2, a meeting will be held with between the City Operations Director or his/her representativeBusiness Agent, the Fire ChiefXxxxxxx, the grievant(s)Grievant, any necessary witnesses, and a Union Representativethe District Toll Supervisor or their designee. The City Operations Director grievance meeting shall give be scheduled at a time so as to minimize any impact upon the Union operation of the Employerbusiness or lost work time by any employee, and such meeting may be scheduled either immediately before or after the grievant’s Step 2 answer (grievants’) normal working hours. The District Toll Supervisor or their designee shall respond to the Business Agent and Xxxxxxx in writing within ten five (105) calendar days after of the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days No employee shall lose pay for their attendance at this meeting if held during normal working hours and shall be considered waivedpaid straight time if the meeting occurs on employee’s day off.
STEP Step 3. : If the grievance is not resolved at Step 2settled, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 it shall automatically be appealed to the Chair of Executive Director or his or her designee at the City’s Personnel Committee. The referral to Step 3 shall be made within ten Three (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within ten3)
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall be defined as a dispute or disagreement raised by an International Union, UAW Attention: Xxx. Xxxxxxx Xxxxxxx Dear Xxx. Xxxxxxx: Both parties to the Production and Maintenance Agreement signed today acknowledge the desirability of ensuring prompt and fair resolution of employee against grievances. The parties also acknowledge the Employer involving the interpretation or application importance of the specific provisions requirements set forth in Sections (40) Notice of the Agreement.
B. Suspension, Disciplinary Layoff or Discharge and (41) Union Representation. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievance, Company assures the Union representative shall, within the time period specified below, inform the Chief or his/her designee that it is interested in writing describing the nature of the dispute, the employee(s) affected, the contract provision at issue seeing that all grievances receive prompt and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within fifteen (15) calendar days of the knowledge of the alleged violation of the Labor Agreementobjective consideration on their merits. The Union is encouraged assures the Company that it will make a sincere and determined effort to discuss keep the matter with procedure free of unmeritorious grievances. Also, during our recent contract negotiations the Chief prior Company pointed out that Special Conferences, as provided for in Section (21), are in some instances being used to filing a grievancecircumvent the Grievance Procedure. Such action hinders the expeditious handling of grievances. The meeting must take place within ten parties agree Section (1021) days after was not intended to provide the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days of the meeting.
STEP 2. If the grievance is not resolved through Step 1, the Union may appeal the grievance to Step 2 means for circumvention and abuse of the Grievance Procedure by giving written notice and will put forth their best efforts to eliminate any such abuse. To further assist in expediting the handling of a grievance, it is understood if a grievance has not been resolved in Step 2 or Step 3 of the grievance procedure within forty-five (45) days after its appeal to from the previous Step, unless held over by mutual agreement between the parties for further discussion, the representative of Management at that Step 2 to may answer the City’s Operation Directorgrievance in writing without a meeting. The referral to Step 2 shall be made parties also discussed problems created as a result of the submission of written grievances containing insufficient information. It is agreed that each grievance submitted in writing to shall set forth in reasonable detail the Employer within ten (10) calendar days after receipt date and nature of the Fire Chief’s answer in Step 1. Upon grievance, identity of the referral to Step 2employee or employees involved by name, a meeting seniority date, classification or location, insofar as diligent effort will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s)allow, and a Union Representative. The City Operations Director shall give the provisions of the applicable agreement, if any, that the Union claims the Employer’s Step 2 answer Company has violated. Management's answers will set forth facts taken into account in writing within ten (10) calendar days after answering the Step 2 meetinggrievance. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2FCA US LLC By: Xxxxx Xxxxxxx Accepted and Approved: INTERNATIONAL UNION, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (10) calendar days following the receipt of the Employer’s final Step 2 answer. Within tenUAW December 16, 2019
Appears in 1 contract
GRIEVANCE PROCEDURE.
A. 1001 A "grievance" shall mean any dispute between an employee, group of employees or the Union and the Employer regarding the interpretation, application or alleged violation of this Agreement. 1002 For the purpose of determining lengths of time in the following grievance shall be defined as a dispute and arbitration procedures, Saturdays, Sundays and General Holidays are excluded. 1003 Unless dismissed or disagreement raised suspended by the Employer, an employee against shall continue to work in accordance with this Agreement until such time as the dispute is settled between the representatives of the Employer involving and the interpretation or application Union. 1004 At each step of the specific provisions of the Agreement.
B. The process for commencing and resolving grievances shall be as follows:
STEP 1. To initiate a grievancegrievance procedure, the grievant may elect to be represented or accompanied by one or more Union representative shallrepresentatives. 1005 Complaint Stage Within fourteen (14) calendar days after the cause of a grievance manifests itself, the grievant shall attempt to resolve the dispute with his immediate supervisor outside the bargaining unit. In the event of a grievance originating while the employee is on approved leave of absence from work, such grievance must be lodged within fourteen (14) days of return. 1006 Step 1 If the grievance is submitted but not resolved within the time period specified belowstipulated in Article 10.06, inform the Chief or his/her designee grievant and/or union representative may, within the ensuing seven (7) calendar days submit the grievance in writing describing to the nature of the dispute, the employee(s) affected, the contract provision at issue Department Head or designate stating allegations and the remedy redress sought. A meeting The appropriate department head or designate shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The provide a written notice of grievance must be presented to the Chief within fifteen (15) decision with seven calendar days of the knowledge receipt of the alleged violation written grievance. Failing settlement of the Labor Agreement. The Union is encouraged to discuss grievance at Step 1 or at the matter with the Chief prior to filing a grievance. The meeting must take place within ten (10) days after the grievance is received. The Fire Chief’s response(s) shall be provided, in writing, within ten (10) calendar days expiry of the meeting.
STEP 2. If the grievance is not resolved through time limits to respond at Step 1, the Union may appeal the refer that grievance to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Directorsite administrator or designate within a further ensuing seven (7) calendar days. The referral to Step 2 site administrator or designate shall be made in writing to the Employer within ten provide a written decision with seven (107) calendar days after of the receipt of the Fire Chief’s answer in Step 1written grievance. Upon the referral to Step 2, a meeting will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. 1008 If the grievance dispute is not resolved at by the decision in Step 2, the Union and/or Employer may appeal refer the grievance matter to Step 3 Arbitration by giving serving written notice of the appeal to Step 3 to the Chair other party of the City’s Personnel Committee. The referral to Step 3 shall be made its intention within ten seven (107) calendar days following the receipt thereafter. 1009 A grievance concerning general application or interpretation of the Employer’s final Step 2 answerAgreement, including the question of whether a matter falls within the scope of this Agreement or which affects a group of employees or the Union, may be referred directly to the site administrator or designate, by the Shop Xxxxxxx or delegate. Within ten1010 A grievance arising from a dismissal may be initiated at the site administrator or designate level. 1011 The time periods designated in the grievance procedure may be extended by mutual agreement and shall be confirmed in writing.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
A. A grievance shall a) All questions, disputes and controversies arising under this Agreement or any supplement hereto will be defined adjusted and settled within the terms and conditions as a dispute or disagreement raised set forth in this Agreement in the manner provided by an employee against the Employer involving the interpretation or application of the specific provisions of the this Article, unless otherwise expressly provided in this Agreement.
B. . The process procedure for commencing such adjustment and resolving grievances shall settlement will be as follows:
STEP 1: Any grievance of an employee will first be taken up between such employee and a Check Point Manager (CPM). To initiate However, such employee will be entitled to be accompanied by a Shop Xxxxxxx of their choice or a Local Union Representative. Time limit to institute grievance, the Union representative shall, within the time period specified below, inform the Chief : Termination or his/her designee in writing describing the nature of the dispute, the employee(slayoff - ten (10) affected, the contract provision at issue and the remedy sought. A meeting shall be held among the grievant(s), the Union representative and the Fire Chief in attempt to resolve the dispute. The written notice of grievance must be presented to the Chief within calendar days; All others - fifteen (15) calendar days The Employer will respond to the griever in writing, with a copy to the Local Union Office, within seven (7) calendar days.
STEP 2: Failing settlement under Step 1, the grieving party will reduce their grievance to writing stating the Article(s) alleged to have been violated, such grievance will be taken up between the Employer's General Manager or designate and a Shop Xxxxxxx or Local Union Representative. Except by mutual agreement between the Local Union and the Employer providing for an extension of time, Step 2 must be completed within ten (10) days (exclusive of Saturdays, Sundays and Holidays) from the completion of Step 1. STEP 3: Failing settlement under Step 2, such grievance and any question, dispute or controversy that is not of a kind that is subject to Steps 1 and 2, will be referred to and taken up between two (2) Local Union representatives selected by the Local Union and two (2) Employer representatives appointed by an Officer of the knowledge of the alleged violation of the Labor AgreementEmployer. The Union is encouraged to discuss the matter with the Chief prior to filing a grievance. The Such written notice and meeting must take place within ten (10) days after (exclusive of Saturdays, Sundays and Holidays) from the grievance is receivedcompletion of Step 2. The Fire Chief’s response(s) shall Except by mutual agreement between the Local Union and the Employer providing for an extension of time, Step 3 must be provided, in writing, completed within ten (10) days (exclusive of Saturdays, Sundays and Holidays) from the completion of Step 2. STEP 4: Failing settlement under the above Steps and within fifteen (15) calendar days days, the matter will be referred to an agreed upon neutral person to act as an Arbitrator who will meet with the parties to hear both sides of the meeting.
STEP 2case. If the grievance is not resolved through Step 1Failing to agree upon a neutral person, the Union may appeal the grievance Minister of Labour will be requested to Step 2 of the Grievance Procedure by giving written notice of the appeal to Step 2 to the City’s Operation Directorappoint a neutral Arbitrator. The referral to Step 2 shall be made in writing to the Employer within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 1. Upon the referral to Step 2, a meeting Arbitrator will be held with the City Operations Director or his/her representative, the Fire Chief, the grievant(s), and a Union Representative. The City Operations Director shall give the Union the Employer’s Step 2 answer in writing requested to hand down their decision within ten thirty (10) calendar days after the Step 2 meeting. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
STEP 3. If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3 by giving written notice of the appeal to Step 3 to the Chair of the City’s Personnel Committee. The referral to Step 3 shall be made within ten (1030) calendar days following the receipt completion of the hearing and their decision will be final and binding on the two parties of the dispute. The cost of the Arbitrator will be borne equally by the Local Union and the Employer’s final Step 2 answer. Within tenExcept by mutual agreement between the Union and the Employer, where either party requests an adjournment the party requesting the adjournment will incur the full cost of the arbitration; such agreement will not be unreasonably denied. The Company and the Local Union may mutually agree to use the Federal Mediation and Conciliation Service (FMCS) option prior to proceeding to arbitration. Should the parties agree to proceed to Schedule 2, they may proceed as outlined in the Rules and Procedures of Schedule 2.
b) Grievances under this Article may be initiated by any employee, a group of employees or by the Local Union.
Appears in 1 contract
Samples: Collective Agreement