Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. 19.1 A grievance is defined as a charge by either party to this Agreement that dispute between an Employee(s) or the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted Union on behalf of such Employee(s) with respect to the Department shall interpretation or application of any terms or conditions specified in this Agreement. All grievances must be initiated by the Chief or designee by filing the grievance processed in accordance with the Association President or designee procedure set forth in below. All potential grievances must be initially raised within 10 workdays of when the issue occurred or UNM became aware fourteen (14) calendar days of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of event(s) that precipitated the issueproblem. The grievance must be raised in accordance with the following procedure: Step I: The Employee having a potential grievance must first present it to the Employee's supervisor. If the matter cannot be settled between the parties will within five (5) calendar days following presentation to the supervisor, it must be processed in accordance with Step II. Step II: Within thirty (30) calendar days of the date Step I was completed, the Union on behalf of the employee must file a statement of the grievance in writing with the designated Employer representative, which shall contain the following information: a. the facts upon which the grievance is based, b. reference to each Article and Section of the Agreement alleged to have been violated, and c. the remedy sought. The designated Employer representative, the grievant, and the Union Representative shall, within fourteen (14) calendar days following the filing of such written statement of grievance, meet in an attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response Employer shall respond in writing within ten thirty (1030) workdays from calendar days of the meeting. Step III: Arbitration If the matter grievance is not resolved settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific procedures, requirements and time limitations specified in Steps I and II herein, the Union may submit the issue in writing to final and binding arbitration within fourteen (14) calendar days following the written response from the meeting between the Employer and the Union representative. If the Employer and the Union are unable to agree on an impartial arbitrator, a list of eleven (11) arbitrators shall be requested from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one remains. The person whose name remains shall be the arbitrator. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall only be authorized to interpret existing provisions of this Agreement as they may apply to the satisfaction specific facts of the employee within ten issue in dispute. The arbitrator shall only have the authority to rule on the specific issue as defined in writing at Step II of this grievance procedure. Each party shall bear one-half (10½) workdays of the response, fee of the employee arbitrator and any other expense jointly incurred incidental to the arbitration hearing. 19.2 Time limits for processing grievances may file a written grievance at Step Twoonly be extended by mutual agreement. Step Two – The written grievance is filed Failure on the part of the Union to comply with the commander procedural requirements specified herein shall result in the matter being resolved in accordance with a copy the Employer's position. Failure of the Employer to respond according to the Employee Relations Representative. At the time of personal service, the employee or Association Representative timelines specified herein shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, result in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be being automatically advanced to the third next step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten.

Appears in 2 contracts

Sources: Weingarten Rights Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Employees are encouraged to discuss all problematic situations with their immediate Supervisor as soon as possible, with the aim of finding a solution. Should an employee or the Union believe that an employee has been unjustly dealt with, or that the provisions of this Agreement have not been complied with, the following procedure is shall apply: Step A complaint or grievance shall be presented to secure at the lowest possible levelManager concerned or in his absence, mutually satisfactory resolutions to grievanceshis designate within thirty (30) days of the date of the alleged incident, by not more than two (2) Union representatives, which may arise during include the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Articleemployee concerned, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance Manager or in his absence, his designate shall render his decision within five (5) days, and communicate it to the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing designated Grievance Officer unless the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances been presented by the employee alone. Step If a complaint or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved adjusted to the satisfaction of the employee Union under Step it shall be taken up within ten twenty (1020) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed days with the commander with a copy Regional Vice-president or, in his absence, his designate, who shall render his decision within fifteen (15) days. If the Union and the Corporation are unable to agree to the Employee Relations Representative. At the time adjustment of personal service, the employee or Association Representative shall schedule a any grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. Ifeither party may, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained writing, within the ten sixty (1060) work days of the response this levelcalendar days, the employee or Association Representative may advance refer the grievance to Step Threean Arbitrator. On Should neither party choose to refer the grievance within the time period herein, the grievance shall be deemed to havebeenabandoned. The parties agree to name Picher or ▇▇▇▇▇▇▇▇▇▇, as sole Arbitrator, to arbitrate all outstanding grievances under this reemen If Picher or ▇▇▇▇▇▇▇▇▇▇ cannot find an available date within ninety (90) days for a hearing, the parties agree to name another Arbitrator to cover such situations. If mutual agreement cannot be reached as to the selection of an Arbitrator, either party may then request the Federal Minister of Labour to appoint an Arbitrator. An Arbitrator, to which a matter is referred, shall hear all evidence in the case and shall render a decision which decision shall be final and binding upon the parties to this Agreement. The costs of the Arbitrator shall be borne equally between the parties to this Agreement. An Arbitrator is not authorized to alter, modify or amend any part of this Agreement provided that the Arbitrator shall have the power to make a just and equitable determination of questions concerning discipline and discharge and this shall include the right to award with, or without, degrees of compensation. The Corporation the Union may request the Arbitrator to act as a Mediator-Arbitrator. This process would allow the Mediator to assist in resolving the dispute before arbitration if a mutual agreement can be reached between the Corporation and the Union. Before an arbitration takes place, both parties will meet for discovery to ensure disclosure of information pertinent to the case and to avoid surprises during the arbitration process. Documents not disclosed before the arbitration takes place shall not be admitted into evidence during the arbitration process with the exception of jurisprudence, documents of precedence, and any documents that are felt necessary by one or the other than suspensions and terminations party for the completion of the evidence as a result of testimony rendered during the arbitration process. Time limits provided for by this is the last step prior to arbitration. Only suspensions and terminations Article may be advanced extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in respect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. Upon application, a Union Committee of not more than two (2) employees shall be granted necessary leave of absence with pay for the third step. Step Three – If the matter is not resolved to the satisfaction investigation and presentation of the employee within tencomplaints or grievances.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is 12.01 In the event that either the Employer, Trade Division, or the Union wish to secure at process a grievance covering the lowest possible levelinterpretation, mutually satisfactory resolutions to grievancesapplication, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one operation, or more expressed provisions an alleged violation of this Agreement, such grievance shall be reduced to writing and shall be submitted by the one party to the other within twenty (20) days of the event giving rise to the grievance and proceed to step (d) below. C. As used (a) An aggrieved party shall within fifteen (15) days of the alleged violation submit his complaint in this Articlewriting to the ▇▇▇▇▇▇▇ (or where no ▇▇▇▇▇▇▇ is present, the Business Representative of the Union) who shall endeavor to settle the complaint between the employee and his immediate supervisor. (b) If the complaint is not settled within two (2) days” shall mean work , (excluding Saturdays, Sundays, and holidays) it may be referred to the Project Superintendent and an official representative of the Union. (c) If the complaint is not then settled within three (3) days (Monday through Fridayexcluding Saturdays, Sundays and holidays) it shall be referred to the Management of the Employer involved and the Business Agent of the Union. Pre-Arbitration Process (i) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall not include holidays or time when UNM’s Administrative Offices are closedbe referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. D. A written grievance must contain (ii) In the event a statement party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (iii) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a (iv) The Joint Grievance Panel shall hold a hearing into the name matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the employee(sdate the hearing was held. (v) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the circumstances recommendation. (vi) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and facts upon which the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (vii) In the event either Party determines that it is basednot prepared to accept the recommendation of the JGP, either Party may then refer the Section matter to Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of this agreement allegedly violated and receipt of the remedy being soughtJGP recommendations. E. The term grievance and the procedure relevant thereto (viii) No lawyers shall not be deemed applicable permitted to participate in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to actJGP proceedings. F. Grievances submitted on behalf of (d) If the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance complaint is not settled within ten (10) workdays following the discovery days (excluding Saturdays, Sundays and holidays) it shall be referred to an Arbitration Board; by mutual consent of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the parties this time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein limit may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step.The Arbitration Board shall be comprised of one H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level (1) member appointed by each of the grievance procedureparties and a neutral chairman appointed by the members. Should Each party shall bear the Association fail to meet with expense of their appointee and the University within 10 workdays expense of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained chairman shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, shared equally by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has (e) If either party fails to appoint a grievance, shall file a written notice with his/her lieutenant with a copy member to the Employee Relations Representative Arbitration Board within ten (10) workdays of when days, or if the issue occurred or when the employee became aware of the issue. appointed members cannot agree on (f) The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed Arbitration Board shall be vested with the commander with a copy authority to the Employee Relations Representativedecide whether any matter referred to it is arbitrable. At the time of personal service, the employee or Association Representative It shall schedule a grievance meeting with the commander or designee. This meeting should be held make its decision within ten fourteen (1014) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, appointment of the employee or Association Representative may advance Chairman. (g) By mutual consent of the grievance to Step Three. On grievances other than suspensions and terminations this is parties the last step prior to arbitration. Only suspensions and terminations foregoing time limits may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenextended.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is Where a Marine Engineer Officer has a grievance while employed on board a vessel, he shall reduce to secure at the lowest possible level, mutually satisfactory resolutions writing and present it to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance Engineer within ten (10) workdays following the discovery days of his obtaining knowledge of the actoccurrence giving rise to the grievance and shall thereafter send a copy thereof to his Union Headquarters. In the case of a Marine Engineer Officer who is employment, discharged, suspended, laid off or transferred his employment, as well as in all other cases where the condition which gave person is no longer on board a vessel, the grievance shall be reduced to writing and mailed or delivered to the designated office of the Company with a copy to his Union Headquarters within ten (I 0) days of his obtaining knowledge of the occurrencegiving rise to the grievance, will constitute forfeiture of . The Union shall have the right to file. Furthermore, any submit a grievance determination not appealed to the succeeding level Company on behalf of all the employees in the bargaining unit or a group thereof. such case, the grievance shall be reduced to writing and mailed or delivered to the designated office of the Company within ten (1 0) days of obtaining knowledge by the Union of an occurrencegiving rise to the grievance. The Union shall have the right to submit a grievance in writing to the Company on behalf of a Marine Engineer Officer who is unable to file same within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level delay of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decisionten 0) days provided for in either paragraphs a) orb) above. In such cases, the Association grievance shall be notified, in writing, by mailed or delivered to the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps designated office of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative Company within ten (101 0) workdays days of when obtaining knowledge by the issue occurred or when the employee became aware Union of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response occurrence giving rise to the grievance. IfWithin thirty (30) days following receipt of a grievance a Marine Engineer Officer or the Union, the Union and the Company representatives shall meet to discuss the grievance and attempt to reach a settlement. Should the parties fail to meet or should the grievance not be settled within the thirty (30) days referred to in subsection e) above, the opinion matter may, thereafter, be referred to arbitration within a delay of fifteen (15) days. The parties may, by mutual agreement expressed in writing, agree to extend any of the employee or delays hereinabove provided for, where the Association Representative circumstances so warrant. When any incident occurs during the Christmas holidays (between December and January 2nd) which may give rise to a satisfactory settlement is not obtained within the ten (10) work days of the response this levelgrievance, the employee or Association Representative may advance time delays provided for in Article will commence on the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenfirst working day following January 2nd.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may Should any difference arise during the term between either party of this Agreement and are subject concerning its interpretation, application, operation or alleged violation thereof an ▇▇▇▇▇▇▇ effort shall be made to resolution under this Agreementsettle the dispute in the following manner: A Union representative(s) shall refer the matter directly to the Fire Chief or designate within thirty-five (35) calendar days of the occurrence. The aggrieved employee(s) may also attend the first step meeting. If the alleged grievance is not settled within seven (7) calendar days of being referred to the Fire Chief or designate, the matter shall be referred in writing to the Director of Human Resources. The Director of Human Resources or designate shall arrange for meetings with the Union within seven (7) calendar days from receipt of such request. The Director of Human Resources or designate shall respond in writing. If the alleged grievance is not settled within seven (7) calendar days of being referred to the Director of Human Resources or designate, the matter shall be referred to the City Manager, or designate. The City Manager or designate shall arrange for meetings with the Union within fourteen (14) calendar days from receipt of such request. The City Manager or their designate shall respond in writing. If no settlement is reached within seven (7) calendar days after referral to the City Manager or designate, then the grievance shall be conclusively settled without stoppage of work by submission to Arbitration. This submission shall be made within thirty (30) days upon receipt of the City Manager’s or designate’s answer at Step Three. B. A grievance is defined (a) Where a matter has been referred to Arbitration the parties may agree to have the matter heard by a single arbitrator mutually agreed upon by the parties. The jurisdiction of the single arbitrator shall be the same as that of a charge by either Board. (b) Failing agreement on a single arbitrator the matter shall be referred to an Arbitration Board consisting of two (2) members and a Chair. (c) Each party to this Agreement that shall appoint a member to the other has violated one or more expressed provisions Board within seven (7) days of this Agreementnotification to arbitrate. The Board members shall select a Chair within seven (7) days of their appointment. If the Board members fail to appoint a Chair the appointment shall be made by the Minister of Labour of the Province of British Columbia. C. As used in this Article, “days” (d) The Arbitration Board shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of have the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority power to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy dispose of all grievances submitted including discharge and discipline by any arrangement which it deems just and equitable. However, the Board shall not have the power to Step One change this Agreement by adding, deleting, amending, altering, or modifying any of its terms and all subsequent steps conditions. (e) The Board shall deliver its decision in writing to each of the grievance procedure. The copy parties within thirty (30) days giving reasons for the decision and the award of the majority of the Board shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice final and support to the binding on all parties. K. Grievances by (f) Each party will bear the employee or costs and expenses of its appointee to the Association Arbitration Board and shall be presented share equally the cost and expenses of the Chair. The time limits as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenextended by mutual agreement in writing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Alleged grievances of this procedure is members of the Police Department in respect to secure at the lowest possible levelwages, mutually satisfactory resolutions to grievancesrates of pay, which may arise during the term working conditions or other terms or conditions of employment set forth in this Agreement and are subject to resolution which arise under this Agreement.Agreement or in connection with the interpretation thereof shall be handled in accordance with the following procedure: B. A ▇. ▇▇ individual having a grievance is defined as a charge by either party shall present his/her grievance to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work his/her shift commander within five (5) calendar days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the occurrence of the alleged grievance, or the name employee’s knowledge of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf occurrence of the Department alleged grievance. Said shift commander shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a answer said grievance within ten (10) workdays following the discovery calendar days of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to filereceipt thereof. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein Every effort shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt made to resolve the grievance by meeting within ten (10) workdays on this level before resorting to any further formal grievance procedures. If the grievant is not satisfied with the decision of his/her shift commander, he/she shall refer the grievance to the Executive Board of the filing IBPO within five (5) calendar days. B. The Executive Board of the IBPO shall within five (5) calendar days of receipt of said grievance arrange for the individual to present his/her alleged grievance at a meeting of the Executive Board. It shall be the responsibility of the Executive Board to determine the justification of the alleged grievance. If in the judgment of the Executive Board the nature of the alleged grievance justifies further action, it shall, through the President and Vice President of the IBPO, present the grievance in writing to the Chief of the Police Department within five (5) calendar days of said meeting. C. The Chief of the Police Department or his/her delegate shall meet with the President or Vice President of the IBPO within five (5) calendar days of receipt of a request from said Officer of the IBPO. If either party feels it is necessary, the individual or individuals involved in the grievance shall be ordered to appear before the Chief of the Police Department and the President or Vice President of the IBPO for the purpose of testifying on the grievance. Within five (5) calendar days (unless otherwise agreed upon) of the first meeting between the Chief of the Police Department and the President or Vice President of the IBPO, the Chief shall render his/her decision in writing, a copy of the same to be delivered to the President or Vice President of the IBPO. D. If the decision of the Chief of the Police Department is not acceptable to the IBPO, the grievance shall be referred to the Town Manager within five (5) calendar days of receipt of said decision. The lieutenant will provide Town Manager shall meet the employee President or Association Representative Vice President of the IBPO within five (5) calendar days of receipt of a written response within ten (10) workdays request from said officer of the meetingIBPO. If either party feels it necessary, the matter is not resolved individual or individuals involved in the grievance shall be ordered to appear before the satisfaction Town Manager and the President or Vice President of the employee within ten (10) workdays IBPO for the purpose of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to testifying on the grievance. IfWithin five (5) calendar days (unless otherwise agreed upon) of the first meeting between the Town Manager and the President or Vice President of the IBPO, the Town Manager shall render his/her decision in writing, a copy of the same to be delivered to the President or Vice President of the IBPO. E. If the decision of the Town Manager is not acceptable to the IBPO, the Town Manager will be notified within five (5) calendar days. A committee shall be created for the purpose of meeting and arriving at a final resolution of the problem. This Committee shall be composed in the opinion following manner: ▪ The Chief of the employee Police Department or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days some person designated by him/her as his/her representative; ▪ The President of the response this level, IBPO or a member of that organization so designated by the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction President of the employee within tenIBPO;

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose (a) Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievancesAgreement, which may arise during concerns the term interpretation or application of this Agreement the terms and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain be considered a statement of the grievance. Any employee, the name of Union or the employee(s), the circumstances and facts upon Employer may present a grievance. Any grievance which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance presented within ten (10) workdays working days following the discovery event giving rise to such grievance shall be forfeited and waived. This provision shall not be used to deny any employee his or her rights under the Provincial Labour Statutes. (b) The Steps of the actGrievance Procedure shall be as follows: STEP I The employee, with the Shop ▇▇▇▇▇▇▇, shall take his grievance up with the Plant Manager or Supervisor. The Employer shall take up his grievance with the condition which gave rise to the grievance, will constitute forfeiture of employee concerned who shall have the right to file. Furthermorehave the Shop ▇▇▇▇▇▇▇ present. STEP II Should a solution not be reached by Step I, any grievance determination not appealed then a Representative of the Union, accompanied by the employee and the Shop ▇▇▇▇▇▇▇, if the Union wishes, shall discuss the matter with Management. STEP III The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment. STEP IV The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the succeeding level within Minister of Labour. (c) Notwithstanding the time limits expressed herein foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be considered chosen to act in the same capacity and having the same powers as closeda Board of Arbitration. (d) If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. When If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is mutually agreed by a dispute between the parties, regarding the time limits expressed herein may be extendedrate of pay for a newly established, or altered classification not provided for herein, or a dispute under 24 (b) herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Either Each of the Association or employee who has entered grievances on parties hereto will bear the expenses of their own behalf, may drop them at any Stepnominee and the parties will equally bear the expenses of the Chairman. H. Should UNM fail to respond to a grievance (e) Any discharged or suspended employee, within the time limits expressed hereinfive (5) calendar days of his discharge or suspension, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated shall be given by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notifiedEmployer, in writing, by the Employee Relations Representative reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any settlements reacheddispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the five (5) calendar days to be exclusive of Saturdays, Sundays or General Holidays. J. The Employee Relations Representative shall (f) If any statement is to be provided put into an employee's personnel file, a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall same will be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support given to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative Union within ten thirty (1030) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced event giving rise to the third stepstatement, otherwise it shall be null and void. Step Three – If In any case two (2) years from the matter is not resolved to date of occurrence, such statement shall be deleted from the satisfaction of the employee within tenemployee's file.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure (a) Informal Step: As an informal step, the employee is encouraged to secure at make an ▇▇▇▇▇▇▇ effort to resolve the lowest possible levelgrievance directly with the management person to whom he/she reports. At his/her option, mutually satisfactory resolutions to grievances, the employee may be accompanied by the shop ▇▇▇▇▇▇▇ for the department in which may arise during the term of this Agreement and are subject to resolution under this Agreementemployee works. B. A grievance is defined as a charge by either party to (b) Step One: At this Agreement that step, notice in writing of the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain be filed with a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated person designated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance Employer, within ten (10) workdays following working days after the discovery occurrence of the act, alleged grievance or of the condition date on which the employee first has knowledge of it. This notice shall be brief but clearly describe the nature of the incident or occurrence which gave rise to the grievance, will constitute forfeiture and it shall clearly state the provision of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who Agreement which has entered grievances on their own behalf, may drop them at any Stepbeen violated. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration.(c) Step Two: I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. (d) Step Three: (i) The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any final step of the grievance procedure shall be arbitration unless the parties have agreed to provide advice be bound by the recommendations of the Investigator under the optional grievance procedure in 21.06. (ii) If no settlement is reached at Step 2, either party may notify the other party that it is advancing it’s grievance to arbitration. (iii) The party submitting the grievance to arbitration shall produce a list of possible Arbitrators. The Employer and support the Union shall use this list to mutually select an Arbitrator. However, if the parties cannot agree on the Arbitrator, the matter shall be deferred to the partiesLabour Relations Board for selection. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10iv) workdays of when the issue occurred or when the employee became aware The recipient of the issuearbitration notice shall within five (5) days, inform the other party of the names of acceptable Arbitrators from the list provided to them. (e) If both parties agree, the grievance may be heard by a Single Arbitrator. The parties will attempt shall have five (5) working days to resolve agree on an Arbitrator. Failing such agreement, either party may request the Director of the Collective Agreement Arbitration Bureau to appoint such Arbitrator. Clauses 21.04 and 21.05 shall apply to such Single Arbitrator. (f) Step Four: The final step of the grievance procedure shall be full arbitration as provided herein, unless the parties have previously agreed to be bound by meeting within ten (10) workdays the recommendations of an officer appointed by the Labour Relations Board, or by the recommendations of the filing of investigator under the grievance. The lieutenant will provide the employee optional grievance procedure or Association Representative by a written response within ten Single Arbitrator appointed in (10e) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenabove.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at 13.01 All differences between the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during Union and the term of Employer concerning this Agreement its interpretation, application, operation or any alleged violation thereof including any question as to whether any matter is covered by this paragraph shall be finally and are subject to resolution under this Agreement.conclusively settled without stoppage of work by the following method: B. A grievance is defined as Step 1: Any such difference shall in the first instance be discussed between a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement duly authorized representative of the grievance, the name Union and a duly authorized representative of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance Employer within ten (10) workdays following the discovery business days of the actincident. Step 2: If no settlement is reached at Step 1 within seventy two (72) hours, or the condition which gave circumstances giving rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed shall be put in writing and sent to the succeeding level within Employer and the time limits expressed herein Union who shall be considered each appoint a senior representative(s) who shall meet as closedsoon as possible in an ▇▇▇▇▇▇▇ effort to resolve the grievance. When it If no settlement is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop reached between them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when business days, they may refer the issue occurred difference to a single arbitrator whose decision shall be final and binding on all persons bound by this Agreement. Step 3: If the Union and the Employer cannot agree on a single arbitrator within two weeks or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays business days, either party may request the Minister of Labour to appoint such a single arbitrator Step 4: If the Union and the Employer cannot agree on a single arbitrator within five (5) business days either party may request the Minister of Labour for the Province of BC to appoint such single arbitrator. The costs of and incidental to this arbitration shall be born equally by the Union and the Employer where determined by the arbitrator that either party is acting in a frivolous manner, then costs shall be borne as determined by the arbitrator. 13.02 The time limits as set out in the Grievance Procedure may be varied by mutual consent of the filing Employer and the Union. 13.03 Employees will be paid for attending grievance meetings with the Employer during scheduled working hours when their attendance is requested by the Employer. 13.04 The costs of the grievance. The lieutenant will provide Arbitrator shall be shared equally by both parties and each party shall be responsible for expenses incurred to prepare and present their case before the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenArbitrator.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose 9.1 Union policy grievances shall commence at Step 2 of the grievance procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this procedure Agreement, or when an employee claims that he has been unjustly dealt with in respect thereof and he is unable to secure at obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the lowest possible levelfollowing manner: STEP 1 The aggrieved employee or the Unit Chair shall present the grievance in writing to the employee’s Regional Manager within 14 calendar days following the cause of the grievance. The grievance must include all of the details of the cause of the grievance. Such Regional Manager will render a decision in writing, mutually satisfactory resolutions to grievancesoutlining the reasons for the decision, which may arise during within 14 calendar days following receipt of the term of this Agreement and are subject to resolution under this Agreementwritten grievance. B. A STEP 2 If the grievance is defined as not settled at Step 1, the Vice-President may appeal the decision in writing, giving his reasons for the appeal, to the officer designated by the Company, within 28 calendar days following receipt of the decision rendered in Step 1. Such Company officer will render a charge decision in writing, giving his reasons for the decision within 28 calendar days following receipt of the appeal. STEP 3 If the grievance is not settled at Step 2, it may then be referred by either party to this Agreement 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 has violated one party in writing within 28 calendar days following receipt of the decision in Step 2, or more expressed 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. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall 9.3 When a grievance is not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated progressed by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level Union within the prescribed time limits expressed herein limits, it shall be considered as closeddropped. When it is mutually agreed by the partiesappropriate 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 expressed herein may be extendedbased on the last date such a decision was due, except as otherwise provided in Clause 9.4. Either In the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail event the Company fails to respond to a grievance within the prescribed time limits, the Union may process the grievance from that point onward in accordance with the procedures herein except that the time limits expressed herein, the Association may appeal to the next level in respect of the that grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to from that point onward shall be directory. 9.4 When a grievance initiated based on a claim for unpaid wages is not progressed by the Chief or designee after meeting with him/her Union within 10 workdaysthe prescribed time limits, UNM may appeal to arbitration. I. Nothing herein contained it shall be considered as limiting dropped. When the rights appropriate officer of an employee the Company fails to discuss or process his/her grievance as an individualrender a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The individual will advise the Employee Relations Representative application of this decision. In 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 date that such cases, the Association grievance was first submitted in writing. 9.7 Prior to adjudication or final disposition of a grievance there shall be notified, in writing, neither a shutdown by the Employee Relations Representative of any settlements reachedCompany nor a work stoppage by employees. J. The Employee Relations Representative shall 9.8 All time limit restrictions in Article 6 and Article 9 will be provided a copy automatically extended between the period of all grievances submitted to Step One December 22 and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the partiesJanuary 5 inclusive each year. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. In this article, a grievance shall concern the interpretation and application of any clause in this agreement, alleged violation of the agreement, and alleged abuses by supervisory personnel in the treatment of employees. Any question of whether a dispute is a grievance may be taken up through the grievance procedure and, if necessary, carried to Any employee having a grievance shall first discuss same with an official of the Company not later than two days (Saturdays, Sundays and observed holidays excepted) from the time the complaint arose. The purpose of this procedure is to secure employee may be accompanied by his ▇▇▇▇▇▇▇. He shall be given an answer within two days (Saturdays, Sundays and observed holidays excepted) from the time the discussion took place. For matters not covered by Article the Company and Union may each file a policy grievance. Such grievance will be taken up directly at the lowest possible levelGeneral Chairman stage. Failing settlement above, mutually satisfactory resolutions the Union shall present the grievance to grievancesthe general manager of the Company within seven (7) days after receiving the reply from the local Manager. The General Manager shall reply to the grievance in writing within seven (7) days of receiving it. If no settlement is reached, which the grievance shall be submitted for final settlement to arbitration within ten days of the General Manager's reply on submission of written notice. Failing this, the grievance will be deemed settled in accordance with that reply. In any of the preceding steps, the presence of a representative of Local of the CAW may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge be requested by either party to this Agreement that party. arbitration is required, the other has violated one or more expressed arbitration provisions of this Agreementcontained in the "Canada Labour Code" shall be used. Mere arbitration is required the arbitrator will be selected from the following group in rotation. C. As used in this ArticleThat is, “days” after an arbitrator is selected the next arbitrator on the list will become the first choice. The arbitrators will be ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, and It shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement be the responsibility of the grievanceparty delivering notice to arbitrate to contact the next arbitrator in the rotation for a list of available dates. The parties shall then agree on a hearing which is mutually acceptable. If the arbitrator in the rotation is not available within days the next arbitrator in the list shall be contacted. This process will be repeated until an arbitrator is found. Notwithstanding the above, the name parties may, by mutual written agreement, select an arbitrator out of turn or an arbitrator not on the list. Each of the employee(s), parties hereto shall bear the circumstances expenses of its representative and facts upon which it is based, one half the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf expenses of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to fileArbitrator. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it It is mutually agreed by the parties, the time limits expressed herein may that every effort shall be extended. Either the Association or employee who has entered made to settle grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitrationleast possible delay. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose 8.1 Employees are encouraged to discuss all problematic situations with their immediate Supervisor as soon as possible, with the aim of finding a solution. Should an employee or the Union believe that an employee has been unjustly dealt with, or that the provisions of this Agreement have not been complied with, the following procedure is shall apply: Step 1 A complaint or grievance shall be presented to secure at the lowest possible levelManager concerned or in his absence, mutually satisfactory resolutions to grievanceshis designate within thirty (30) days of the date of the alleged incident, by not more than two (2) Union representatives, which may arise during include the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Articleemployee concerned, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance Manager or in his absence, his designate shall render his decision within five (5) days, and communicate it to the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing designated Grievance Officer unless the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances been presented by the employee alone. Step 2 If a complaint or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved adjusted to the satisfaction of the employee Union under Step 1, it shall be taken up within ten twenty (1020) workdays days with the Regional Vice-President or, in his absence, his designate, who shall render his decision within fifteen (15) days. A Policy Grievance related to the provisions of the response, the employee may file a written grievance this Agreement shall be submitted at Step Two. Step Two – The written grievance is filed with 2. 8.2 If the commander with a copy Union and the Corporation are unable to agree to the Employee Relations Representative. At the time adjustment of personal service, the employee or Association Representative shall schedule a any grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. Ifeither party may, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained writing, within the ten sixty (1060) work days of the response this levelcalendar days, the employee or Association Representative may advance refer the grievance to Step Threean Arbitrator. On Should neither party choose to refer the grievance within the time period herein, the grievance shall be deemed to have been abandoned. 8.3 The parties agree to name ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mr. JFW ▇▇▇▇▇▇▇▇▇▇ or Mr. ▇▇▇ ▇▇▇▇▇▇, as sole Arbitrator, to arbitrate all outstanding grievances under this Agreement. If ▇▇. ▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇▇▇▇▇ or ▇▇. ▇▇▇▇▇▇ cannot find an available date within ninety (90) days for a hearing, the parties agree to name another Arbitrator to cover such situations. If mutual agreement cannot be reached as to the selection of an Arbitrator, either party may then request the Federal Minister of Labour to appoint an Arbitrator. 8.4 An Arbitrator, to which a matter is referred, shall hear all evidence in the case and shall render a decision which decision shall be final and binding upon the parties to this Agreement. 8.5 The costs of the Arbitrator shall be borne equally between the parties to this Agreement. 8.6 An Arbitrator is not authorized to alter, modify or amend any part of this Agreement provided that the Arbitrator shall have the power to make a just and equitable determination of questions concerning discipline and discharge and this shall include the right to award with, or without, degrees of compensation. 8.7 The Corporation and/or the Union may request the Arbitrator to act as a Mediator-Arbitrator. This process would allow the Mediator to assist in resolving the dispute before arbitration if a mutual agreement can be reached between the Corporation and the Union. 8.8 Before arbitration takes place, both parties will meet for discovery to ensure disclosure of information pertinent to the case and to avoid surprises during the arbitration process. Documents not disclosed before the arbitration takes place shall not be admitted into evidence during the arbitration process with the exception of jurisprudence, documents of precedence, and any documents that are felt necessary by one or the other than suspensions and terminations party for the completion of the evidence as a result of testimony rendered during the arbitration process. 8.9 Time limits provided for by this is the last step prior to arbitration. Only suspensions and terminations Article may be advanced extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in respect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. 8.10 Upon application, a Union Committee of not more than two (2) employees shall be granted necessary leave of absence with pay for the third step. Step Three – If the matter is not resolved to the satisfaction investigation and presentation of the employee within tencomplaints or grievances.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose Section 1: Any dispute concerning the interpretation or application of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term an expressed provision of this Agreement and are shall be subject to resolution under this Agreementthis, and exclusive to this, grievance procedure. B. A STEP 1: The UNION Grievance Committee, upon receiving a written and signed request, shall determine if a grievance exists. If, in their opinion, no grievance exists, the matter will be deemed settled. In the event the UNION chooses not to pursue a grievance involving demotion or termination, the employee filing a grievance may pursue the matter, without the assistance of the UNION, in accordance with the remainder of this Article. All costs incurred by the employee, including but not limited to those outlined in Section 7 of this Article, will be the responsibility of the employee. Should a terminated employee choose to arbitrate their dispute, both the City of ▇▇▇▇▇▇▇▇▇ and the employee will be required to place five thousand dollars ($5,000) into an escrow account to ensure the payment of the arbitrator as detailed in Section 7 of this Article. Should the grieving individual fail to comply with this requirement within twenty-one (21) calendar days of notification of the escrow account details, they will forfeit their ability to arbitrate the issue and the matter will be considered withdrawn and resolved. STEP 2: If a grievance exists, the Grievance Committee Chairman shall, with or without the physical presence of the aggrieved employee, within thirty (30) calendar days from the date of the occurrence, present a signed written grievance to the department head or his designee for adjustment. The grievance will contain the specific provisions of the contract alleged to be violated. STEP 3: If, within seven (7) calendar days after submission to the department head or his designee, the grievance has not been settled, the UNION may submit it for adjustment to the City Manager, or designee, within an additional seven (7) calendar days. STEP 4: If, within seven (7) calendar days after having been submitted to the City Manager, the grievance has not been settled, the UNION may submit it to arbitration within seven (7) calendar days for adjustment. The UNION shall advise the CITY in writing that it is defined as a charge seeking arbitration and shall designate in writing the specific provision or provisions of the Agreement at issue. Any correspondence by either party to this Agreement that the other has violated one FMCS will be copied to the opposite party. Section 2: An Arbitrator shall be selected from a list of seven (7) names supplied by the American Arbitration Association by alternately striking names from the list with the UNION striking the first name. The arbitration shall be conducted under the rules of the American Arbitration Association. Section 3: The jurisdiction and authority of the Arbitrator, and the Arbitrator’s opinion and award, shall be confined exclusively to the interpretation and application of an expressed provision or more expressed provisions of this Agreement at issue between the UNION and the CITY. The Arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provisions of this Agreement or impose upon any party hereto a limitation or obligation not explicitly provided for in this Agreement; to establish or alter any wage rate or wage structure or to consider any term or condition of employment not expressly set forth within a provision of this Agreement. In the case of discipline, the Arbitrator’s authority shall be limited to the written charges against and the discipline given to the member. The Arbitrator shall not hear or decide more than one grievance without the mutual consent of the CITY and the UNION. The award, in writing, of the Arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority as specified in this Agreement shall be final and binding. C. As used in this Article, “days” Section 4: Nothing herein shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by preclude any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the employee from discussing his grievance with the Association President immediate supervisor up to and including the department head or his designee within 10 workdays of when the issue occurred or UNM became aware of the issuefor informal adjustment. G. Section 5: Failure to submit a grievance within ten (10) workdays following process the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, established in the Association may appeal preceding sections presumes that it has been satisfactorily resolved at the last step to which it has been properly processed. Failure on the next level part of the CITY'S representatives to answer the grievance procedure. Should in the Association fail to meet with time limits established in the University within 10 workdays preceding sections presumes that the claim made in the grievance is sustained and that the satisfaction requested will be provided. Section 6: The time limits specified in the preceding sections may be extended by the agreement of both parties. Section 7: The cost of the filing of the grievance or should the Association fail to respond to a grievance initiated arbitration shall be borne by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating non-prevailing party. The Employee Relations Representative or designee may be called by either party at any step of Arbitrator shall designate the grievance procedure to provide advice and support to the partieslosing party. K. Grievances (a) The cost of arbitration shall include the Arbitrator's fees and expenses, and the cost of any hearing room. Provided that should one party offer to hold the hearing in a location where there would be no charge, that party, should it be determined to be the non- prevailing, shall not be required to pay for the cost of a hearing room. (b) Expenses in regard to wages or compensation of any witness called before the Arbitrator, and any other expenses such as professional services, court reporters, consultants, preparation of briefs and compilation of data, shall be borne by the employee or party preparing such evidence. (c) In the Association event the Arbitrator requests a court reporter, this cost shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to borne by the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tennon-prevailing party.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that any controversy or dispute arising out of the other has violated one interpretation of terms or more expressed provisions conditions of this Agreement. C. As used , excepting cases of proven mistakes in the application of wage rates specified in this Articlecontract, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closedsuch, must be brought to the attention of shop ▇▇▇▇▇▇▇ and store supervisor within thirty (30) days of its occurrence. When Should any grievance arise, it is mutually agreed by the partiesfollowing procedure shall be followed: Matter shall be taken up and an attempt made to adjust it by: (1) The shop ▇▇▇▇▇▇▇ and store supervisor, then (2) In the event of failure to adjust the complaint, the time limits expressed herein may be extended. Either Union Business Representative shall then discuss with the Association or employee who has entered grievances on their own behalf, may drop them at any Step.Superintendent and/or the Dis­ trict Manager, H. Should UNM fail to respond to a grievance within (3) In the time limits expressed hereinevent of continued disagreement, the Association may appeal matter shall be referred to the next level Division Person­ nel Manager and the Secretary-Treasurer of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdaysUnion, UNM may appeal to and finally (4) The Company Labor Relations Officials and appropriate Union Officials and thence, if unre­ solved, (5) To arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her Section 2 At any step in this grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such casesprocedure, the Association Executive Board of the Local Union shall be notifiedhave the final authority, in writingrespect to its responsibility of representing any ag­ grieved employee covered by this Agreement, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure ▇▇­ ▇▇▇▇▇ to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has process a grievance, shall file a written notice with his/her lieutenant with a copy to complaint, difficulty or dispute further if, in the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware judgment of the issue. The parties will attempt to resolve Executive Board, such grievance or dispute lacks merit or lacks justification under the grievance by meeting within ten (10) workdays terms of this Agreement or has been amicably adjusted or justified under the filing terms of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved this Agreement to the satisfaction of the employee within ten (10) workdays of Union Execu­ tive Board. a. Should the response, Company and the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy Union be unable to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule agree on a grievance meeting with the commander or designee. This meeting should which has been processed as set forth above, there shall be held within ten a five (105) workdays following receipt of the grievance, day limit for either party to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the submit such grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions The Company and terminations may the Union shall then select their respective arbitration committeemen, who in turn shall mutually select a third member, who shall be advanced Committee Chairman. If Company and Union Com­ mitteemen cannot agree on a third party at the end of a five (5) day period, the American Arbitration A s­ sociation shall select said Chairman. Five (5) days further will then be allowed for the Committee to hear the case. A fourth and final five (5) day period shall be allowed for the Committee to hand down a deci­ sion which shall be final and binding on both parties. b. The arbitration Committeemen and Chairman shall have no authority to add to, subtract from, change or modify any provisions of this Agreement, but shall interpret the existing provisons of this Agreement and apply them to the third step. Step Three – If the matter is not resolved to the satisfaction specific facts of the employee within tendispute. The parties shall jointly set forth in writing the specific issues to be arbitrated and the Committee shall confine its award to such issues alone. There shall be no work interruption of any kind pending the decision of the Committee. The expense of the Committee Chairman shall be shared equally by the parties hereto.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is Grievance shall be defined as a charge by either party to this Agreement that meaning disputes or disagreements arising out of the other has violated one application or more expressed interpretation of the provisions of this the Agreement. C. As used in this Article, “days” . Said grievance shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable processed in the following instancesmanner: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated Section 1 The aggrieved employee and/or an Association representative if so requested by the Chief or designee by filing aggrieved employee, shall first informally discuss the grievance with the Association President or designee within 10 workdays Chief of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance Police within ten (10) workdays following days of when the discovery employee knew or should reasonably have known of the actincident. If the employee is not satisfied with the informal opinion rendered by the Chief of Police, or the condition which gave rise he/she may submit his/her Collective Bargaining Agreement Dover Police Association FY12 - FY14 grievance to the grievance, will constitute forfeiture Chief of Police in writing setting forth the specific clause(s) of the right to file. FurthermoreContract that are allegedly being violated, any grievance determination and the manner in which it is allegedly being violated for a formal decision by the Chief of Police. Section 2 If the employee is not appealed to satisfied with the succeeding level within decision of the time limits expressed herein Chief of Police, which shall be considered as closed. When it is mutually agreed by rendered in writing within five (5) calendar days of the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level presentation of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdaysaggrieved employee, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy may appeal in writing to the Employee Relations Representative City Manager within ten (10) workdays of when the issue occurred or when the employee became aware calendar days of the issuedate of receipt of the Chief of Police's decision. Any such appeal shall set forth the employee's basis for appeal by referring to the specificclause(s) of the Contract which is allegedly being violated, and the manner in which it is allegedly being violated. Section 3 The parties will attempt to resolve City Manager or his/her designated representative shall, if either party requests, meet with the grievance by meeting aggrieved employee and/or his/her representative within ten (10) workdays calendar days of his/her receipt of the filing aggrieved employee's appeal. If neither party requests a meeting, the City Manager shall decide the grievance based upon written information as supplied and/or any further materials reasonably requested by the City Manager. The City Manager shall render his/her decision in writing within fifteen (15) calendar days of his/her receipt of the grievance. Section 4 If the decision of the City Manager is not acceptable to the employee, he/she may appeal to the American Arbitration Association within thirty (30) calendar days of his/her receipt of the City Manager's decision. The lieutenant will provide decision of the arbitrator shall be final and binding on both parties to this agreement. Provided that if the aggrieved employee or Association Representative a written response desires he/she may, within ten (10) workdays from calendar days of his/her receipt of the City Manager's decision, and before appealing to the American Arbitration Association, request a meeting with the City Manager to attempt selection of a mutually acceptable arbitrator to hear the issues and render a final and binding decision. If a mutually acceptable arbitrator cannot be selected within five (5) calendar days of the initial selection meeting, the aggrieved employee may appeal to the American Arbitration Association as set forth in the first clause of this section within fifteen (15) calendar days of the initial selection meeting between the aggrieved employee and the City Manager. Section 5 The cost of arbitration shall be borne equally by the Employer and the Association. Section 6 In choosing an arbitrator, the American Arbitration Association procedure shall be followed. Section 7 Any grievance not submitted in writing within the time period above provided for, shall be considered waived or if not resubmitted after Collective Bargaining Agreement Dover Police Association FY12 - FY14 one of the answers above provided for, shall be considered resolved by the answer. If the matter is City does not resolved to answer, in writing, within the satisfaction of the employee within ten (10) workdays of the responsetime periods above provided, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, considered resolved in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenemployee's favor.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is Grievance shall be defined as a charge by either party to this Agreement that meaning disputes or disagreements arising out of the other has violated one application or more expressed interpretation of the provisions of this the Agreement. C. As used in this Article, “days” . Said grievance shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable processed in the following instancesmanner: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated Section 1 The aggrieved employee and/or an Association representative if so requested by the Chief or designee by filing aggrieved employee, shall first informally discuss the grievance with the Association President or designee within 10 workdays Chief of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance Police within ten (10) workdays following days of when the discovery employee knew or should reasonably have known of the actincident. If the employee is not satisfied with the informal opinion rendered by the Chief of Police, or the condition which gave rise he/she may submit his/her Collective Bargaining Agreement Dover Police Association FY05- FY08 grievance to the grievance, will constitute forfeiture Chief of Police in writing setting forth the specific clause(s) of the right to file. FurthermoreContract that are allegedly being violated, any grievance determination and the manner in which it is allegedly being violated for a formal decision by the Chief of Police, Section 2 If the employee is not appealed to satisfied with the succeeding level within decision of the time limits expressed herein Chief of Police, which shall be considered as closed. When it is mutually agreed by rendered in writing within five (5) calendar days of the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level presentation of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdaysaggrieved employee, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy may appeal in writing to the Employee Relations Representative City Manager within ten (10) workdays of when the issue occurred or when the employee became aware calendar days of the issuedate of receipt of the Chief of Police's decision. Any such appeal shall set forth the employee's basis for appeal by referring to the specific clause(s) of the Contract which is allegedly being violated, and the manner in which it is allegedly being violated. Section 3 The parties will attempt to resolve City Manager or his/her designated representative shall, if either party requests, meet with the grievance by meeting aggrieved employee and/or his/her representative within ten (10) workdays calendar days of his/her receipt of the filing aggrieved employee's appeal. If neither party requests a meeting, the City Manager shall decide the grievance based upon written information as supplied and/or any further materials reasonably requested by the City Manager. The City Manager shall render his/her decision in writing within fifteen (15) calendar days of his/her receipt of the grievance. Section 4 If the decision of the City Manager is not acceptable to the employee, he/she may appeal to the American Arbitration Association within thirty (30) calendar days of his/her receipt of the City Manager's decision. The lieutenant will provide decision of the arbitrator shall be final and binding on both parties to this agreement. Provided that if the aggrieved employee or Association Representative a written response desires he/she may, within ten (10) workdays from calendar days of his/her receipt of the City Manager's decision, and before appealing to the American Arbitration Association, request a meeting with the City Manager to attempt selection of a mutually acceptable arbitrator to hear the issues and render a final and binding decision. If a mutually acceptable arbitrator cannot be selected within five (5) calendar days of the initial selection meeting, the aggrieved employee may appeal to the American Arbitration Association as set forth in the first clause of this section within fifteen (15) calendar days of the initial selection meeting between the aggrieved employee and the City Manager. Section 5 The cost of arbitration shall be borne equally by the Employer and the Association. Section 6 In choosing an arbitrator, the American Arbitration Association procedure shall be followed. Section 7 Any grievance not submitted in writing within the time period above provided for, shall be considered waived or if not resubmitted after Collective Bargaining Agreement Dover Police Association FY05 - FYOB one of the answers above provided for, shall be considered resolved by the answer. If the matter is City does not resolved to answer, in writing, within the satisfaction of the employee within ten (10) workdays of the responsetime periods above provided, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, considered resolved in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenemployee's favor.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement An who that the other he has violated one been treated unjustly or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or himself aggrieved by any rule, regulation, resolution action or bylaw lack of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated action by the Chief or designee by filing Employer, shall discuss the grievance with his immediate supervisor in charge no twenty-five (25) days after the Association President or designee within 10 workdays of when the issue occurred or UNM date on which he became aware of the issue. G. Failure or circumstance, The may have a ▇▇▇▇▇▇▇ present if so The supervisor shall answer the dispute within two days of discussions unless the Union agrees to submit extend this time limit. any dispute cannot be foregoing procedure, be deemed to be a "grievance" and the supervisor shall In of the following Of the grievance procedure, the by the as the first, second, or third level of grievance procedure shall arrange a meeting or meetings with the in the grievance at the time, and not later than the time limit provided for in the applicable step the grievance Where the grievance relates to the interpretation or application of this agreement or an Adjudication he is not entitled to the unless he has the approval in writing of the Union or by the Union. The following grievance procedure shall apply: the or the Union is not satisfied with the the supervisor, the may within ten of having received t supervisor's answer, present his grievance in writing to the person designated the Employer the first level in. the grievance procedure. Ifthe employee does receive a satisfactory settlement within five working days from t date on which he presented his grievance to the person designated as the level in the grievance procedure, the may to Step Two. Within ten working days from the expiration of the day per referred to in Step One, the may present his grievance in writ either by personal service or by mailing by mail to the designated by the Employer the second level in the grievance does not receive a reply or satisfactory settlement of from the designated by the Employer as the second level in the process within ten working days from the date on which his grievance received at the second level, the may proceed to Step Three. Within working from the expiration the ten day per referred to in Step Two, the may present his grievance in writing Deputy Head of the Department concerned. Any proposed settlement of grievance presented at Step One and Step Two and any replies must the grievance when it is presented to the Head. The Deputy reply in writing to the within fifteen working days from the d the grievance was presented to him. The decision given by the Deputy Head at the final step in the procedure shall be final and binding upon the and the Union unless grievance it a class of grievance that may be referred adjudication. an employee has presented a grievance within ten (10) workdays following up to and including the discovery final of the act, or the condition which gave rise grievance procedure with to the grievancethe of this collective agreement and grievance has not been with to satisfaction, will constitute forfeiture the refer grievance Adjudication under Article In any where presents his grievance In person or in any c in which held on grievance at any level, the accompanied by of the right I the time in which step under the foregoing Saturdays, Sundays, and recognized holidays shall be excluded. of the provisions of this Article has not within the specified herein, the alleged grievance shall be deemed to filehave abandoned and cannot be reopened. FurthermoreAt the request of either party Agreement, any grievance determination not appealed to the succeeding level within it may be mutually extend the time limits expressed herein specified herein. Where either party disputes the general application or interpretation of Agreement, the dispute may be discussed with the Civil Service Commission the Union, as the case may be. Where no satisfactory agreement is reached, dispute may be resolved pursuant to Article This section shall not cases of individual grievances. Cases of sexual harassment shall be considered as closeddiscrimination and a matter grievance and adjudication. When it is mutually agreed Such grievances may be filed by the parties, employee and/or the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them Union at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of Three the grievance procedure to provide advice and support to treated in strict confidence by both Union and the partiesEmployer. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 8.01 The purpose grievance procedure herein provided is among the most important matters in the successful administration of this procedure is Agreement. The Employer and the Union, therefore, agree that the designated grievance procedure, as hereinafter set forth, shall serve and constitute the sole and exclusive means to secure at be utilized by the lowest possible levelgriever for the proper disposition, mutually satisfactory resolutions to grievances, which may arise during decision and final settlement of a grievance arising in respect of the term interpretation or alleged violation of this Agreement and are subject to resolution under this Agreement. B. A the specifically designated grievance procedure shall be strictly followed. Wherever the term “grievance procedure” is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this ArticleAgreement, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closedincluding the arbitration procedure. When it is mutually agreed by No employee, individually, shall have the parties, right to initiate any grievance under this Agreement. Grievances and arbitrations shall rest solely with the Union. 8.02 All time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail referred to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of in the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing procedure herein contained shall be considered as limiting the rights of deemed to mean “calendar days” and an employee extension, if required, will not be unreasonably withheld. 8.03 A griever whose attendance is required at arbitration hearings shall receive permission without pay to discuss or process his/her be absent from work. No grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by considered where the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted circumstances giving rise to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue it occurred or when originated more than fifteen (15) calendar days from the employee became aware of time the issue. The parties will attempt circumstances were known or ought to resolve the grievance by meeting within ten (10) workdays of have been reasonably known before the filing of the grievance. The lieutenant will provide employee may, during such period, discuss the grievance with any member of management. 8.04 Grievances shall be adjusted and settled as follows: Step 1: If a satisfactory settlement during the previous five (5) days is not reached, the aggrieved employee shall present his grievance, in writing, to the employee’s Assistant Raceway Manager, or Association Representative a written response within ten (10) workdays from in the meetingabsence of the employee’s Assistant Raceway Manager, the person designated by management to be in authority. If the matter a satisfactory settlement, in writing, is not resolved given to the satisfaction of the employee within ten seven (107) workdays days following the presentation of the responsegrievance, the grievance may be presented as follows at any time within seven (7) days thereafter. If a satisfactory settlement during the previous step is not arranged, the aggrieved employee may file a written shall present his grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At Raceway Manager, or in the time absence of personal servicethe Raceway Manager, the person designated by Management to be in authority. If a satisfactory settlement, in writing, is not given to the employee or Association Representative shall schedule within seven (7) days following the presentation of the grievance to the Raceway Manager, the grievance may be presented as follows at any time within seven (7) days. If a grievance meeting with settlement to the commander or designee. This meeting should be held employee concerned is not reached following the presentation of the Raceway Manager’s decision in writing, the Union may, within ten fourteen (1014) workdays days following receipt of the grievanceRaceway Manager’s decision, submit the matter to discuss the grievance, and attempt General Manager of Western Fair Association or his designee. If a resolution. Within ten settlement satisfactory to the employee concerned is not reached within seven (107) workdays days following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion presentation of the employee or General Manager’s Decision in writing, the Association Representative a satisfactory settlement is not obtained Union may, within the ten fourteen (1014) work days following receipt of the response this levelGeneral Manager’s decision, submit the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior matter to arbitration. Only suspensions and terminations may be advanced The parties will adhere to the third step. Step Three – If the matter is not resolved time limits mutually consented to. 8.05 The grievance procedure for probationary employees will be extended up to the satisfaction of the employee within ten2nd step only.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, 10.1 Any grievance or dispute which may arise during between the term parties pertaining to the application, meaning, or interpretation of this Agreement and are subject to resolution under shall be settled as specified in this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions section of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. 10.2 A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated presented by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss the Board Secretary/Business Administrator or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, person designated by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted Board Secretary/Business Administrator at an informal hearing to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt working days of the grievanceoccurrence of said grievance or condition or conditions giving rise thereto. A representative of the Association shall be present. A written answer to the grievance shall be made by the Board Secretary/Business Administrator or other person designated by the Board Secretary/Business Administrator within five (5) working days of the hearing’s conclusion to the grievant and copies of said answer shall be filed with the Board Secretary’s office and delivered to the Association. 10.3 If the grievance is not settled by the above, the Association shall have the right to discuss submit said grievance to the grievance, and attempt a resolution. Within Board within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work calendar days of the response this decision at the lower level. After the grievance has been submitted to the Board, the employee or Board shall prepare a written answer to said grievance which must be served upon the grievant and the Association Representative may advance no later than seven (7) working days following the submission of said grievance to the Board. 10.4 If the disposition of the matter by the Board is not satisfactory to the grievant, then the Association shall have five (5) working days to proceed to the next step. 10.5 If the grievance is not settled by the procedures specified above, then the Association shall have the right to Step Three. On grievances other than suspensions and terminations this is the last step prior submit such grievance to arbitration. Only suspensions and terminations may be advanced , pursuant to the third steprules and regulations of the New Jersey Public Employment Relations Commission. Step Three – If The cost of the matter is not resolved arbitrator shall be shared equally. 10.6 The Association President, or his/her authorized representative, may report an impending grievance to the satisfaction Board in an effort to forestall its occurrence, provided however, that the grievance shall be processed if not resolved, pursuant to the various steps of the employee within tengrievance procedure. 10.7 It is agreed that employees shall, during and not withstanding the dependency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Definitions and Basic Principles 1. Any complaint by a teacher or the Association that there has been an alleged violation, misinterpretation, or misapplication of the terms of this procedure is to secure at Agreement, shall be a grievance. However, as stipulated in the lowest possible levelAgreement, mutually satisfactory resolutions to grievancesno concerns, which may arise complaints or appeals regarding the actions, inactions or deliberations of any Building Council, District Committee or subcommittee or the District Coordinating Council shall be grievable. 2. All time limits consist of teacher employment days, except that during the term summer vacation periods, time limits shall consist of this Agreement and are subject to resolution under this Agreementall School District office workdays. B. A grievance The parties hereto acknowledge that it is defined as usually most desirable for a charge teacher and his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by either party the teacher, an Association representative may accompany the teacher to this Agreement that assist in the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement informal resolution of the grievance. If, however, such informal processes fail to satisfy the name of the employee(s)teacher, the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term a grievance and the procedure relevant thereto shall not may be deemed applicable in the following instancesprocessed as follows: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee teacher or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy present the grievance in writing to the Employee Relations Representative supervisor immediately involved within ten twenty (1020) workdays of when days after the issue occurred or when the employee became aware of the issuealleged violation occurred. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with shall include: a) the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of factual basis for the grievance, ; b) the provisions of this agreement which are alleged to discuss the grievance, have been violated or misapplied; and attempt c) a resolutionspecific remedy requested. Within ten (10) workdays following days after the meeting Grievance has been submitted, the commander will parties shall meet in an attempt to resolve the grievance. The supervisor shall provide the employee or Association Representative a written response answer, which shall include reasons for his/her decision, to the aggrieved teacher within ten (10) days after the meeting. At this and all future conferences regarding the grievance, the teacher may be represented by the Association representative if s/he so chooses. 2. If the grievance is not resolved at step 1, the grievance may be referred to the Superintendent or his/her designee within ten (10) days after receipt of the Step 1 answer. The Superintendent shall arrange for a meeting to take place within ten (10) days of his/her receipt of the appeal. Each party shall have the right to include in his/her representation such witnesses and counselors as it deems necessary to develop the facts pertinent to the grievance. If, in the opinion Upon conclusion of the employee or meeting, the Association Representative a satisfactory settlement is not obtained within the Superintendent shall have ten (10) work days of to provide his/her written decision, with reasons, to the response this level, the employee or Association Representative may advance grievant. 3. If the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved at step 2, the grievance may be referred to impartial arbitration. The grievant shall submit in writing a notice to the satisfaction of the employee Board within tenthirty

Appears in 1 contract

Sources: Constitution

GRIEVANCE PROCEDURE. A. The purpose 19.01 Officers of this procedure is the Union shall be recognized by the Employer and shall be entitled to secure at act in the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term processing of any grievance under this Agreement and are subject to resolution under this Agreementwithout loss of pay in accordance with Article 19.03 herein. B. A 19.02 Should a grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions arise, there shall be no stoppage of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement on account of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term such grievance and an ▇▇▇▇▇▇▇ effort will be made to settle the procedure relevant thereto shall not be deemed applicable matter promptly in the following instancesmanner: 1(a) Any difference or grievance to be stated in writing and submitted to the Fire Chief within thirty (30) days of its occurrence. in matters where a method or review is mandated by law or by any ruleShould the Fire Chief be unable to settle the difference within three (3) working days, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority they shall submit the grievance to actthe Grievance Committee. F. Grievances submitted on behalf (b) The Grievance Committee will meet within seven (7) working days after receipt of the Department grievance from the Fire Chief and make every effort to settle the grievance. (c) Should this body fail to satisfactorily adjust the difference within seven (7) working days, the grievance shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays submitted to a Board of when the issue occurred or UNM became aware Arbitration. (d) The Board of Arbitration shall consist of one (1) representative of the issue. G. Failure Employer and one (1) representative of the Union. If either Party fails to submit name a grievance representative within ten (10) workdays following days, the discovery other Party may make application to the Minister of Labour who may appoint some person to be the representative on behalf of the actParty so failing to name a representative. These two (2) representatives shall name a third member who shall be Chair. (e) If the representatives cannot agree on the appointment of a Chair, or the condition which gave rise either Party can make application to the grievance, will constitute forfeiture Minister of Labour who shall appoint a Chair of the right Board. The expense and compensation of the arbitrators selected by the Parties shall be borne by the respective Parties. The expenses and compensation of the Chair shall be equally divided between the Parties involved. (f) Within twenty-one (21) working days following its establishment, the Board of Arbitration shall reach a decision on the grievance and the decision of the Board of Arbitration will be final and binding on all persons bound by this Agreement, notwithstanding the fact that for any reason whatsoever one or other of the Parties shall not have appeared before the Board. (g) With respect to filetime limits specified in Article 19.02, neither Party shall unreasonably deny an extension based upon bona fide reasons. (h) By mutual agreement of the Parties a single arbitrator may be appointed to hear and render a decision on a grievance in the place of a Board of Arbitration. 19.03 Because of the necessity of maintaining a full staff at all times at the halls, the Union will name two (2) Union officers to adjust its local grievances. Furthermore, any grievance determination not appealed These names are to be given to the succeeding level within Fire Chief. By applying to the time limits expressed herein shall be considered as closed. When it is mutually agreed by Fire Chief, these representatives of the parties, the time limits expressed herein Union may be extended. Either the Association or employee who has entered grievances on their own behalfrelieved from duty by any other firefighter, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, if in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this levelFire Chief, the employee or Association Representative may advance substitute is qualified to fill the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenposition left vacant.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. Each of the parties hereto will bear the expenses of their appointee and the parties will share equally the expenses of the Chair. All cost related to witnesses called by a party will be paid for by that The purpose Board of this procedure is Arbitration shall not have any authority to secure at alter or change any of the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term provisions of this Agreement or to substituteany new provisions in lieu thereof, or to give any decision contrary to the and are subject to resolution under conditions of this Agreement. B. . The parties may agree in writing to seek appointment of a single Arbitrator. Should they be unable to agree on a single Arbitrator, the parties may jointly request the Minister of Labour to make an appointment. Each of the parties will share equally (half and half) the expenses of a single Arbitrator. Union Grievance and Board Grievance A policy grievance is defined as a charge by either party and limited to this Agreement that one which alleges an actual violation relating to the other has violated one or more expressed provisions interpretation, applicationor administration of this Agreement. C. As used in this Articleagreement, “days” shall mean work days (Monday through Friday) involving more than one Member and shall which could not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain under any circumstances be resolved at a statement lower step of the grievance, the name grievance procedure because of the employee(s)nature, complexity and scope of the circumstances and facts upon grievance or which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall could not be deemed applicable in taken up as an individual Member’s grievance. Such policy grievance shall state the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave facts giving rise to the grievance, will constitute forfeiture including the date on which the incident giving rise to the grievance occurred; shall identify the specific Articles and clauses of the right Agreement claimed violated; shall state the relief requested. The Union or the Board may initiate a policy grievance subject to fileand that in the case of a Union policy grievance the grievance shall be signed by the President of the Union, or designate and in the case of a Board policy grievance the grievance shall be signed by the Director of Education, or designate. Furthermore, any A policy grievance determination not appealed must be initiated within twenty (20) days from the time the circumstances giving rise to the succeeding level within grievance were known or should have been known. In the time limits expressed herein case of a Union policy grievance, the grievance shall proceed immediately to the Director; in the case of a grievance initiatedby the Board or by a representative of the Board, it shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal forwarded to the next level President of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitrationUnion for resolution. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. No employee shall leave his job or work place because of an alleged grievance but shall continue to work until a final decision has been given on his grievance under the following procedure by which decision he shall be bound. grievance or dispute which any employee or group of employees may wish to discuss with the Company shall be handled as follows: The purpose employee accompanied by a Union Representative shall sub- mit the grievance in writing to his ▇▇▇▇▇▇▇ not later than the employee’s fourth working day after its occurrence. The employee shall have the opportunity of this procedure is discussing his or grievance with his ▇▇▇▇▇▇▇ before submitting it in writing. The ▇▇▇▇▇▇▇ shall be required to secure at give the lowest possible level, mutually satisfactory resolutions employee his reply immediately. Should the ▇▇▇▇▇▇▇ fail to grievances, which may arise during give his decision within two (2) work- ing days or should the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievanceemployee refuse such decision, the name of Union may forward the employee(s)grievance in writing to Step within a further three (3) working days to the Plant Manager for his decision. The Plant Manager shall give his decision within two (2) days and should the employee refuse such decision, the circumstances and facts upon which it is based, Union may forward the Section grievance in writing to the Director of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method Human Resources or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated his designate for consideration by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of com- mittee at its next meeting. The National Union Representative shall have the right to file. Furthermore, any attend the grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them meeting at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level Step of the grievance procedure. Should All policy, discharge and Company griev- ances shall be submitted directly to Step Any grievance involving the Association fail to meet with the University interpretation or alleged violation of this Agreement which is not settled within 10 workdays of the filing five (5) working days after delivery of the grievance in writing to the Director of Human Resources or should the Association fail his designate may be referred to respond to a grievance initiated arbitration by the Chief or designee after meeting with him/her Union within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individuala further thirty (30) days. The individual will advise the Employee Relations Representative time limits specified in this Article may be extended by mutu- al agreement of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedureboth parties. The copy party desiring to submit a matter to Arbitration shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support deliver to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has other party a grievance, shall file a written notice with his/her lieutenant with a copy in writing of intention to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolutionarbitrate. Within ten (10) workdays following days after the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion date of delivery of the employee or said notice of intention, the Association Representative a satisfactory settlement is not obtained party initiating shall notify the other party of the name of its representative on the Arbitration Board and the other party shall appoint its representative within the ten (10) work days of receipt of this notification. Step In the response this levelevent that either party shall fail to appoint a representative to the Arbitration Board within the delay provided, the employee or Association Representative other party may advance request the grievance Minister of Labour of the Province of Ontario to Step Threeappoint a representative on behalf to the defaulting party. On grievances other than suspensions and terminations this is When the last step prior representatives have been appointed they shall meet forthwith to arbitrationchoose a chairman who with the two representatives, shall constitute the Arbitration Board. Only suspensions and terminations Should the representative fail within five (5) days to agree on a chairman, the Minister of Labour of the Province of Ontario may be advanced requested by the representatives or by either of them to appoint a person who shall be chairman of the third stepArbitration Board. The parties may agree to a single arbitrator. After the Arbitration Board has been formed by the foregoing pro- cedure, it shall meet and hear the evidence and representations of both parties and shall render a decision within fifteen (15) days after the completion thereof. The decision of the majority of the Arbitration Board on the matter at issue shall be final and binding on both parties but the jurisdic- tion of the Arbitration Board shall be limited to deciding the mat- ter at issue within the meaning of the existing provision of the Agreement and in no event shall the Arbitration Board have the power to add to, subtract from, alter or amend this Agreement in any respect. Step Three – If Each party shall pay its own arbitration costs, including the matter is not resolved to the satisfaction fees and expenses of witnesses called by it and of its representatives. The fees and expenses of the employee within tenchairman shall be shared equally by the parties.

Appears in 1 contract

Sources: Labour Agreement

GRIEVANCE PROCEDURE. A. Section 1 The purpose BOARD and the UNION desire that all employees in the unit be treated fairly and equitably. It is intended that this grievance procedure will provide the means of this procedure is to secure resolving complaints and grievances at the lowest possible levellevel possible, mutually satisfactory resolutions to grievancesand nothing in this Article should be interpreted as discouraging an employee and/or his/her representative from discussing any dissatisfaction, which may arise during the term in an informal manner, with his/her immediate supervisor, higher level supervision, or Department of this Agreement and are subject to resolution under this AgreementEducation representatives. B. A grievance is defined as Step 1 An employee or the UNION with a charge by either party complaint shall reduce his/her complaint to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance writing within ten (10) workdays following the discovery working days of the actincident or knowledge of incident, either on a form mutually agreed to by the parties or in a letter. Such grievance must contain the condition which gave rise following information: (1) a statement presenting, in a concise manner, the details of the grievance; (2) a statement outlining the relief sought; and (3) specific reference to the grievance, will constitute forfeiture of Article and/or Sections of Step 2 If the right to file. Furthermore, any grievance determination decision at Step 1 is not appealed satisfactory to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the partiesemployee, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy may appeal the grievance to the Employee Relations Representative Superintendent of Schools or his designated representative within ten (10) workdays working days after receiving the decision at Step 1. Upon receipt of when such an appeal, the issue occurred Superintendent of Schools or when his representative shall meet with the employee became aware of grievant and the issue. The parties will attempt to resolve the grievance by meeting UNION representative within ten (10) workdays calendar days of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance and shall give his/her decision, in writing, to the UNION within fourteen (14) calendar days of such meeting. Section 3 Any employee's grievance will be considered dismissed when the time limit to appeal to the next step expires. Extensions to all time limits in this article may be made by mutual agreement of the parties. Extensions shall not be unreasonably denied. Section 4 At Steps 1 and 2 of this procedure, the BOARD and the UNION shall be permitted to call a reasonable number of relevant witnesses, normally not more than two (2) from each party at Step 1 and three (3) from each party at Step 2. Section 5 When several employees within the unit have an identical grievance, to discuss the grievance, and attempt a resolution. Within ten UNION shall select one (101) workdays following individual case for processing with the meeting understanding that the commander decision on the case will provide the employee or Association Representative a written response be applied to the grievanceother identical cases. If, in the opinion Such grievances shall be known as a Policy Grievance. Grievances will be heard at times most practical to do so. Should such times occur during periods other than normal working hours of the employee or grievant and/or other UNION representatives, the Association Representative BOARD shall accept no financial obligation for such time spent by the grievant and/or other UNION representatives. Section 7 The UNION agrees that it shall cooperate with the Department of Education by making every effort to handle grievances in such a satisfactory settlement is not obtained within the ten (10) work days manner so as to cause a minimum of interference with normal operations of the response this level, the employee or Association Representative may advance School System. Section 8 In order that the grievance procedure be utilized as intended by the parties to Step Three. On this Agreement, it is agreed by the parties that grievances other than suspensions and terminations this is the last step prior shall be confined solely to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction matters of interpretation and/or application of the employee within tenarticles and sections of this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure Section 1. It is to secure at the lowest possible level, mutually satisfactory resolutions to agreed that all grievances, which may arise during disputes, or complaints arising under the term terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and are subject to resolution under this Agreementdisagreements in an amicable manner between the Employer and the Union. B. A grievance is defined as a charge by either party to this Agreement that Section 2. Should any grievance, dispute, or complaint arise over the other has violated one interpretation or more expressed provisions application of the contents of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort on the part of the parties to settle such promptly through the following steps: Step 1. By conference between the aggrieved employee, the ▇▇▇▇▇▇▇, or both, and the ▇▇▇▇▇▇▇ and the department head. If not settled in this manner, it shall be the responsibility of the aggrieved to reduce any grievance to writing on the regular grievance form provided by the Local Union within five (5) working days of the alleged grievance and deliver the written grievance to the Director of Human Resources/Labor Relations with a copy to the ▇▇▇▇▇▇▇, and the department head. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A Step 2. Delivery of the written grievance must contain shall be considered as the Union’s request for a statement Step 2 meeting between City representatives and Union representatives. The City shall be represented by the department head and Director of Human Resource/Labor Relations or their designees. The Union representatives shall be the Grievant, Chief ▇▇▇▇▇▇▇ and or the ▇▇▇▇▇▇▇ and the business representative. Such meeting will be scheduled within five (5) working days from the date of the delivery of the grievance. The parties shall meet with the Employer and the Employer will render its written response and decision within fifteen (15) working days from the date of saidmeeting. Step 3. In the event the grievance is not satisfactorily settled at the Step 2 level, the name of Union will notify the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance Employer within ten (10) workdays following the discovery calendar days of the act, or Union’s receipt of the condition which gave rise City’s Step 2 answer as to the grievance, date the grievance will constitute forfeiture of the right be submitted to file. Furthermore, any grievance determination not appealed either arbitration or to the succeeding level Teamster Local #214 Grievance Panel for its review. The Panel will notify the Employer within sixty (60) calendar days whether or not the grievance will be submitted to arbitration. The arbitrator will be selected as described in Article 10. Section 3. All grievances must be presented and processed as provided in this Article and within the time limits expressed herein prescribed in order to be valid. Any grievance not taken from one Step of the Grievance Procedure to the next within said limits shall be considered as closedsettled on the basis of the last preceding decision. When it is mutually agreed by Should the partiesEmployer fail to answer a grievance in a timely manner, the time limits expressed herein may grievance shall automatically be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal advanced to the next level of the grievance procedurestep. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated Said time limits may be extended by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitrationmutual agreement in writing. I. Nothing herein contained Section 4. All claims for back wages shall be considered as limiting limited to the rights amount of base wages the employee would have otherwise have earned, less any unemployment compensation or compensation received from a different job during the period in question. Except for an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such casesincrease in hours, the Association no reduction shall be notified, made for income earned in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by moonlighting job the employee or held prior to termination. However, if the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes increases the hours that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy works in the moonlighting job after termination and prior to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the responsereinstatement, the employee may file income from that increase in hours shall be considered a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten“different job.”

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Section 1 Employees shall have the right to be represented by an Association official at any stage of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreementgrievance procedure. B. A Section 2 In the event that any employee shall have a grievance with respect to any disciplinary or other allegedly unfair action taken against him, an effort shall be made to adjust the grievance through the employee’s immediate supervisor within thirty (30) days of when the employee knew of or should have known of the act or condition on which the grievance is defined as a charge by either party to this Agreement that based. If, however, the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and grievance shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement be adjusted within three (3) working days after the supervisor has been informed of the grievance, the name Association may take up the grievance for adjustment with the person designated for that purpose by the City or the Board, as the case may be (hereinafter referred to as the designated person). In the event no person is designated by the City or the Board, the designated person shall be deemed to be the Director of Human Resources of the employee(s)City. Section 3 If any dispute shall arise between the Association and the City or the Board in connection with the construction, interpretation, application, validity or performance of this agreement, the circumstances matter shall be discussed between representatives of the Association and facts the designated person, who shall endeavor to agree upon which it is baseda disposition of the dispute. Section 4 At the request of the Association, the Section of this agreement allegedly violated and City or the remedy being sought. E. The term Board, any grievance and the procedure relevant thereto shall or dispute not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance settled within ten (10) workdays following working days after the discovery matter shall have been submitted to the designated person or to the Association as a result of the actprocedure provided for in paragraphs B and C above, or the condition which gave rise shall be submitted for arbitration to the grievanceConnecticut Board of Mediation and Arbitration under its rules and regulations. The findings, will constitute forfeiture decision or award of the right to file. FurthermoreBoard of Mediation and Arbitration and AAA, any grievance determination not appealed to the succeeding level within the time limits expressed herein whichever is utilized, shall be considered as closed. When it is mutually agreed by final, binding and conclusive upon the partiesCity, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed hereinBoard, the Association and any employee who may appeal be involved, and may be enforced by proper action in any court of competent jurisdiction. The Association and Board of Education may each elect to submit three (3) grievances to the next level American Arbitration Association (AAA) each fiscal year. Further, all terminations will be filed with the American Arbitration Association (AAA). The findings, decision or award of the grievance procedure. Should Board of Mediation and Arbitration shall be final, binding and conclusive upon the City, the Board, the Association fail and any employee who may be involved, and may be enforced by proper action in any court of competent jurisdiction. The parties will split the cost of the arbitrators fees for all cases submitted to meet AAA. The Board of Education must elect AAA at the time of denial. Section 5 The employee involved and the employee’s Association representative shall be granted time off with pay for any grievance discussion held with the University within 10 workdays immediate supervisor of the filing of employee involved or with the grievance or should the Association fail to respond to a grievance initiated designated person. One representative designated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notifiedgranted time off with pay for any discussion of a dispute, in writingother than a grievance, with the designated person. Two (2) employees designated by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice granted time off with his/her lieutenant with a copy pay to appear at any arbitration held pursuant to the Employee Relations Representative within ten (10) workdays of aforesaid grievance procedure. Five employees will be given time off with pay to attend negotiation sessions, fact finding or interest arbitration when the issue occurred or held at a time when the employee became aware would usually be at work. Section 6 The procedures set forth in this article shall be the sole and exclusive procedure for processing grievances of any contractual provision. Section 7 Leave for purposes of attending Association conventions shall be continued in accordance with the policy heretofore in effect. Section 8 Any grievances reported prior to the date of execution hereof and not resolved shall remain open for disposition in accordance with the provisions of the issue. The parties will attempt to resolve contract in effect at the grievance by meeting within ten (10) workdays time of the filing origin of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction . Section 9 Any of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations steps as set out above may be advanced waived by written agreement of both parties to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenthis contract.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 16.01 The purpose of this procedure is to secure at for resolving differences between the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of parties bound by this Agreement and concerning its interpretation, application, operation or any violations thereof shall be as follows: (a) All employees are subject encouraged to resolution under this Agreementmake an ▇▇▇▇▇▇▇ effort to resolve issues directly with the management persons to whom the employee reports. B. A (b) An employee shall file his grievance in writing within seven (7) days of his having an opportunity to become aware of his grievance. This time limit is defined as a charge mandatory, and if it is not complied with (provided it has not been waived by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(sparties), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being soughtgrievance shall be deemed to be abandoned. E. (c) The term grievance and the procedure relevant thereto employee’s Manager or his designate shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority have seven (7) days to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail attempt to meet with the University grievor to attempt to resolve the grievance. If they are unable to resolve the grievance within 10 workdays that time, the grievance will automatically be referred to the General Manager. (d) The General Manager or his designate in the event he is absent, and a representative of the Union, shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within seven (7) days of its being referred to the General Manager, it shall be deemed that the grievance procedure has been exhausted. (e) Either party must refer the matter to arbitration within 30 days, failing which the grievance will have been deemed to be abandoned. 16.02 All disciplinary action may be subject to the grievance and arbitration procedure. 16.03 Both the Union and the Employer may file policy grievances in regards to this Agreement by providing written notice of the grievance to the other party. Upon the filing of a policy grievance, representatives of the Employer and the Union shall meet within fourteen (14) days of the date the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individualwas filed. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of If the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any is not resolved through this meeting, step (d) of the grievance procedure will apply. 16.04 A policy grievance cannot be used to provide advice avoid the time limits set out in Article 16.01. 16.05 Where the parties proceed to arbitration a single arbitrator will be selected to resolve the dispute. If the Union and support the Employer are unable to agree on a single arbitrator, the Chair of the Labour Relations Board will be asked to appoint one. The arbitrator so agreed or appointed will meet jointly with both parties as quickly as practical to hear the dispute, and each party may present evidence and make both written and oral presentations. The arbitrator shall not have power to change, modify, extend or amend this Agreement. The decision of the arbitrator will be final and binding on both parties. 16.06 Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The fees and expenses of the Arbitrator shall be shared equally between the parties. K. Grievances by 16.07 The Employer and the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy Union may mutually agree in writing to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware waive any of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, limits set out in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenarticle.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. Should differences arise between the parties as to the interpretation or application of the provisions of this Agreement, there shall be no suspension of services by the aggrieved party on account of such differences. An ▇▇▇▇▇▇▇ effort should be made to settle such differences immediately in the manner described in the following paragraphs: 1. A grievance is a claim which involves the interpretation and application of a term or provisions of this Agreement. 2. An aggrieved party is the party making the claim. 3. It is understood and agreed that both the Board and LASA have the right to utilize all provisions of this article and that grievances may be processed either by the aggrieved party or by LASA or by the Board. 4. The purpose of this procedure is to secure secure, at the lowest possible administrative level, mutually satisfactory resolutions equitable solutions to grievances, the problems which may from time to time arise during from differences in interpretation of the term provisions of this Agreement which may affect the welfare and/or working conditions of the members of this unit. Both parties agree that these proceedings will be kept as informal and are subject to resolution under this Agreementconfidential as may be appropriate at any level of the procedure. B. A 5. When the aggrieved party is a member of this unit, he/she shall reduce his/her grievance to writing to his/her immediate supervisor who shall discuss the matter with him/her within two (2) regular school days. If, after the initial discussion, the aggrieved party wishes a further meeting, he/she shall be granted such request. This meeting will be held within three (3) regular school days of the request and the aggrieved party may be accompanied by a representative of his/her own choosing. In the event that there is to be a third party at this meeting, the immediate supervisor may have an Administrator of his/her choosing present. The immediate supervisor shall render his/her determination in writing to the aggrieved party and LASA within three (3) school days after the last scheduled meeting. If the grievance is defined as not satisfactorily resolved at this stage, the aggrieved party may appeal in writing to the Superintendent within five (5) school days of receipt of the immediate supervisor's decision. The appeal shall set forth the nature of the grievances and the alleged violation. 6. The superintendent, or his/her designee, shall meet with the aggrieved and his/her representative, if any, within five (5) school days of the receipt of the appeal. The Superintendent shall have ten (10) school days following the meeting in which to render a charge by either written determination of his/her findings. If the grievance is not satisfactorily resolved at this stage, the aggrieved party to this Agreement may, within five (5) school days after receipt of the Superintendent's determination request that the other has violated one or more expressed provisions grievance be submitted to the Board of this AgreementEducation. C. As used in this Article7. At the request of the aggrieved party, “days” shall mean work the Superintendent will, within five (5) days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain of the receipt of the request, submit a statement report to the Board of Education, setting forth the grievance, the name nature of the employee(s)violation, the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and decision that he/she rendered. The_Board-of-Education-mav-at its optionreither TeviewThe case or forward it on to the procedure relevant thereto shall not next stage. If the case is reviewed, it will be deemed applicable in the following instances: 1. in matters where considered at a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; special meeting held within two (2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance ) weeks with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit aggrieved and his/her representative and a grievance report rendered within ten (10) workdays following the discovery school days of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Stepmeeting. H. Should UNM fail to respond to a grievance within 8. In the time limits expressed herein, event that the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet aggrieved person is not satisfied with the University within 10 workdays disposition of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such casesgrievance, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievancemay, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays days after receipt of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved such report, request arbitration in writing to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolutionSuperintendent. Within ten (10) workdays following school days after such written notice of arbitration, representatives of the meeting Board and LASA shall meet to designate a mutually acceptable arbitrator. If the commander will provide parties are unable to agree on an arbitrator, an arbitrator may be selected horn lists supplied either by the employee American Arbitration Association or Association Representative a written response the Public Employment Relations Board of Arbitrators experienced in public employment relations with reference to schools. The arbitrator designated by the parties, or otherwise selected, shall issue his/her final award within thirty (30) days after the closing of hearings. He/she shall have no power to add to, detract from, or otherwise vary the terms of the parties' Agreement. His/her award shall be advisory in nature and not binding on either party. The cost of such arbitration procedures shall be borne equally by the Board of Education and LASA. a. The filing or pendency of any grievance shall in no way operate to impede, delay or interfere with the right of the Board to take the action complained of, subject, however, to the final decision on the grievance. b. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved party to proceed to the next step. If, Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. c. A grievance will be deemed to have been waived unless presented within thirty (30) school days after the event on which the grievance is based is known or should reasonably have been known by the aggrieved party. d. This procedure shall be the sole and exclusive method of resolving a member of this unit's grievance in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this levelLindenhurst Public Schools as herein defined, the employee or Association Representative except as may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may otherwise be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenprovided by law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at 16.01 Any dispute, grievance or misunderstanding between the lowest possible levelEmployer, mutually satisfactory resolutions to grievancesthe Association, which may arise during an Employee, and/or the term Union concerning the interpretation, application, operation or an alleged violation of this Agreement shall be settled without stoppage of work or walkout as follows: 16.02 Any Employee, Employees, and/or Union who has a grievance within the terms of this Agreement shall put the same in writing within 21 calendar days not including General Holidays and are subject having been duly signed shall present the same to resolution under this Agreement. B. A the Shop ▇▇▇▇▇▇▇ or, if there is no Shop ▇▇▇▇▇▇▇, then to the Employer, who with the Business Agent will discuss the matter. The Employer or the Registered Employers' Organization who has a grievance is defined as a charge by either party with respect to this Agreement that shall put the other same, in writing, within 21 calendar days not including General Holidays and having been duly signed shall present the same to the Business Agent, or any officer of the Union, or if none are available, the Shop ▇▇▇▇▇▇▇ and the same shall thereupon be discussed with the Union. Pre-Arbitration Process (a) If a grievance has violated not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one or more expressed provisions of this Agreementthe parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. C. As used in this Article(b) In the event a party serves notice of an intention to bypass the JGP the matter may be referred to arbitration within 10 days [excluding Saturdays, “days” shall mean work days (Monday through Friday) Sundays, and shall not include holidays or time when UNM’s Administrative Offices are closedStatutory Holidays] of such notice being served. D. A written grievance must contain (c) Such JGP will consist of 2 appointees of the Employer and 2 appointees of the Union. No person shall be appointed who has a statement direct personal interest in the subject matter of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable and/or has had a direct personal involvement in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority earlier attempts to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of settle the grievance. No representative of/spokesman for the Union or for the subject Registered Employers' Organization shall be appointed. (d) The lieutenant will provide JGP shall hold a hearing into the employee matter within 10 days [excluding Saturdays, Sundays, and Statutory Holidays] of being appointed and shall issue their recommendation forthwith, but in any event within 3 days [excluding Saturdays, Sundays, and Statutory Holidays] of the date the hearing was held. (e) Each of the parties shall advise the other, within 5 days of receipt of the recommendation [excluding Saturdays, Sundays, and Statutory Holidays], as to whether they accept or Association Representative a written response reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days [excluding Saturdays, Sundays, and Statutory Holidays], or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (10g) workdays from In the meetingevent either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter to Arbitration as referenced below within 10 days [excluding Saturdays, Sundays, and Statutory Holidays] of receipt of the JGP recommendations. (h) No lawyers shall be permitted to participate in the JGP proceedings. If the matter above pre-arbitration process is not resolved utilized, the grievance of either Employee, Employer, Registered Employers' Organization, or Union is not settled to the satisfaction of either party within 7 days from the employee within ten (10) workdays of date upon which written grievance was presented to the responseother side, the employee may file a party dissatisfied shall, by written grievance at Step Two. Step Two – The written grievance is filed with notice, notify the commander with a copy other party of their desire to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule appoint a grievance meeting with board within 5 working days. The Union and the commander or designee. This meeting should be held within ten (10) workdays following receipt of Employer shall each appoint l member to represent the grievance, to discuss the grievancerespective parties, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response 2 members so appointed shall endeavor to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained select an independent chairman within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten5 working days.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Definitions and Basic Principles 1. Any complaint by a teacher or the Association that there has been an alleged violation, misinterpretation, or misapplication of the terms of this procedure is to secure at Agreement, shall be a grievance. However, as stipulated in the lowest possible levelAgreement, mutually satisfactory resolutions to grievancesno concerns, which may arise complaints or appeals regarding the actions, inactions or deliberations of any Building Council, District Committee or subcommittee or the District Coordinating Council shall be grievable. 2. All time limits consist of teacher employment days, except that during the term summer vacation periods, time limits shall consist of this Agreement and are subject to resolution under this Agreementall School District office workdays. B. A grievance The parties hereto acknowledge that it is defined as usually most desirable for a charge teacher and his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by either party the teacher, an Association representative may accompany the teacher to this Agreement that assist in the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement informal resolution of the grievance. If, however, such informal processes fail to satisfy the name of the employee(s)teacher, the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term a grievance and the procedure relevant thereto shall not may be deemed applicable in the following instancesprocessed as follows: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. a. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee teacher or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy present the grievance in writing to the Employee Relations Representative supervisor immediately involved within ten twenty (1020) workdays of when days after the issue occurred or when the employee became aware of the issuealleged violation occurred. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with shall include: a) the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of factual basis for the grievance, ; b) the provisions of this agreement which are alleged to discuss the grievance, have been violated or misapplied; and attempt c) a resolutionspecific remedy requested. Within ten (10) workdays following days after the meeting Grievance has been submitted, the commander will parties shall meet in an attempt to resolve the grievance. The supervisor shall provide the employee or Association Representative a written response answer, which shall include reasons for his/her decision, to the aggrieved teacher within ten (10) days after the meeting. At this and all future conferences regarding the grievance, the teacher may be represented by the Association representative if s/he so chooses. b. If the grievance is not resolved at step 1, the grievance may be referred to the Superintendent or his/her designee within ten (10) days after receipt of the Step 1 answer. The Superintendent shall arrange for a meeting to take place within ten (10) days of his/her receipt of the appeal. Each party shall have the right to include in his/her representation such witnesses and counselors as it deems necessary to develop the facts pertinent to the grievance. If, in the opinion Upon conclusion of the employee or meeting, the Association Representative a satisfactory settlement is not obtained within the Superintendent shall have ten (10) work days of to provide his/her written decision, with reasons, to the response this level, the employee or Association Representative may advance grievant. c. If the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved at step 2, the grievance may be referred to impartial arbitration. The grievant shall submit in writing a notice to the satisfaction Board within thirty (30) days of receipt of the step 2 answer to enter into such arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within ten (10) days after said notice is given. If the two parties fail to reach agreement on an arbitrator within ten (10) days, the American Arbitration Association will be requested to provide a panel(s) of arbitrators. The arbitrator shall be selected in accordance with the practices of the American Arbitration Association. The decision of the arbitrator shall be binding upon the parties. i. The arbitrator shall have no power to alter the terms of this Agreement nor to amend, modify, nullify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing by the parties involved and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the express relevant language of this Agreement. ii. The Board and the Association shall bear equally the costs of arbitration proceedings. All legitimate expenses incurred by the arbitrator and his/her fee shall be shared equally by the Board and the Association. Each party shall be responsible for compensating its own legal counsel, representatives and witnesses, if they are necessary to process the grievance. iii. If either party requests a transcript of the proceedings, that party shall bear the full cost of that transcript. If both parties order a transcript, the cost of the two transcripts shall be divided equally between the parties. If a copy of the transcript shall be furnished to the arbitrator, the cost of such shall be paid as part of the costs for the arbitration proceedings. iv. All claims for back wages shall be limited to the amount of wages that an employee within tenwould have otherwise earned plus interest, less any state unemployment compensation or other salary s/he may have earned on a replacement job during the period of back pay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Alleged grievances of this procedure is members of the Police Department in respect to secure at the lowest possible levelwages, mutually satisfactory resolutions to grievancesrates of pay, which may arise during the term working conditions or other terms or conditions of employment set forth in this Agreement and are subject to resolution which arise under this Agreement.Agreement or in connection with the interpretation thereof shall be handled in accordance with the following procedure: B. A A. An individual having a grievance is defined as a charge by either party shall present his/her grievance to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work his/her shift commander within five (5) calendar days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the occurrence of the alleged grievance, or the name employee’s knowledge of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf occurrence of the Department alleged grievance. Said shift commander shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a answer said grievance within ten (10) workdays following the discovery calendar days of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to filereceipt thereof. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein Every effort shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt made to resolve the grievance by meeting within ten (10) workdays on this level before resorting to any further formal grievance procedures. If the grievant is not satisfied with the decision of his/her shift commander, he/she shall refer the grievance to the Executive Board of the filing IBPO within five (5) calendar days. B. The Executive Board of the IBPO shall within five (5) calendar days of receipt of said grievance arrange for the individual to present his/her alleged grievance at a meeting of the Executive Board. It shall be the responsibility of the Executive Board to determine the justification of the alleged grievance. If in the judgment of the Executive Board the nature of the alleged grievance justifies further action, it shall, through the President and Vice President of the IBPO, present the grievance in writing to the Chief of the Police Department within five (5) calendar days of said meeting. C. The Chief of the Police Department or his/her delegate shall meet with the President or Vice President of the IBPO within five (5) calendar days of receipt of a request from said Officer of the IBPO. If either party feels it is necessary, the individual or individuals involved in the grievance shall be ordered to appear before the Chief of the Police Department and the President or Vice President of the IBPO for the purpose of testifying on the grievance. Within five (5) calendar days (unless otherwise agreed upon) of the first meeting between the Chief of the Police Department and the President or Vice President of the IBPO, the Chief shall render his/her decision in writing, a copy of the same to be delivered to the President or Vice President of the IBPO. D. If the decision of the Chief of the Police Department is not acceptable to the IBPO, the grievance shall be referred to the Town Manager within five (5) calendar days of receipt of said decision. The lieutenant will provide Town Manager shall meet the employee President or Association Representative Vice President of the IBPO within five (5) calendar days of receipt of a written response within ten (10) workdays request from said officer of the meetingIBPO. If either party feels it necessary, the matter is not resolved individual or individuals involved in the grievance shall be ordered to appear before the satisfaction Town Manager and the President or Vice President of the employee within ten (10) workdays IBPO for the purpose of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to testifying on the grievance. IfWithin five (5) calendar days (unless otherwise agreed upon) of the first meeting between the Town Manager and the President or Vice President of the IBPO, the Town Manager shall render his/her decision in writing, a copy of the same to be delivered to the President or Vice President of the IBPO. E. If the decision of the Town Manager is not acceptable to the IBPO, the Town Manager will be notified within five (5) calendar days. A committee shall be created for the purpose of meeting and arriving at a final resolution of the problem. This Committee shall be composed in the opinion following manner:  The Chief of the employee Police Department or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days some person designated by him/her as his/her representative;  The President of the response this level, IBPO or a member of that organization so designated by the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction President of the employee within tenIBPO;

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is parties agree to secure implement the following option for a mediation and arbitration process only by mutual consent: Consensual Mediation-Arbitration The parties to the collective agreement may, at the lowest possible levelany time, mutually satisfactory resolutions agree to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated refer one or more expressed provisions grievances under the collective agreement to a French speaking mediator- arbitrator for the purpose of this Agreement. C. As used resolving the grievances in this Article, “days” shall mean work days (Monday through Friday) an expeditious and informal manner. The parties shall not include holidays or time when UNM’s Administrative Offices refer a grievance to a mediator-arbitrator unless they have agreed upon a list of issues in dispute. A mediator-arbitrator shall begin proceedings within an agreed-upon timeline between the parties. The mediator-arbitrator shall endeavour to assist the parties to settle the grievances by mediation. If the parties are closed. D. A written unable to settle the grievances by mediation, the mediator-arbitrator shall endeavour to assist the parties to agree upon the material facts in dispute and then shall determine the grievance must contain by arbitration. When determining the grievance by arbitration, the mediator-arbitrator may limit the nature and extent of evidence and submissions and may impose such conditions as he considers appropriate. The mediator-arbitrator shall give a statement succinct decision within five (5) days after completing proceedings on the grievance submitted to arbitration. Each party shall pay one-half (1/2) of the grievance, the name cost of the employee(s)arbitrator. The arbitrator may determine his own procedure, the circumstances but shall give full opportunity to all parties to present evidence and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. make representations to him. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf decision of the Department arbitrator shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the final and binding on all parties, but in no event shall the time limits expressed herein may be extended. Either arbitrator have the Association power to alter, modify or employee who has entered grievances on their own behalf, may drop them at amend this Agreement in any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedurerespect. Should the Association fail parties disagree as to meet with the University within 10 workdays meaning of the filing decision, either party may apply to the arbitrator to clarify the decision, which he shall do as quickly as possible. Dated at Richmond, British Columbia, this day of. FOR THE EMPLOYER: FOR THE UNION: Whereas the Employer is dedicated to offering educational trips to students; Whereas these trips may take place during or outside regular working hours; Whereas support staff may be responsible for some student assistance tasks; Whereas some students have specific needs that require the attendance of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting Special Education Assistants with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenthem;

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose A grievance is a complaint in which it is claimed that either party failed to comply with the specific written terms of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, agreement and which may arise during the term involves either a charge of a violation of this Agreement agreement or a dispute concerning the interpretation or application of this agreement, and are subject may be processed as a grievance as hereinafter provide the Association may process a grievance in behalf of an employee or group of employees without his/her consent. Should any grievance arise, the same shall be brought to resolution under this AgreementLevel I within 30 days of occurrence. B. A Level I - Any member who believes he/she has a grievance shall present such grievance to their immediate supervisor on an informal basis. If the grievance is defined not resolved within fifteen (15) working days of occurrence, the grievance shall be reduced to writing and submitted to the supervisor within two (2) working days. Note: working days for all non-twelve month employees during their summer break shall be converted to calendar days as a charge by either party pertaining to this Agreement that the other has violated one or more expressed provisions of this Agreementgrievance time lines. C. As used Level II - The grievance may invoke the formal grievance procedure on the form set forth in this Articleannexed Schedule D., “days” signed by the grievant and a representative of the Association, which form shall mean work be available from the Association representative. A copy of the grievance form shall be delivered to the supervisor. If the grievance involves more than one building or position, it may be filed with the superintendent or a representative designated by him/her. Within three (3) working days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the receipt of the grievance, the name supervisor shall meet with the grievant and the Association in an effort to resolve the grievance. The supervisor shall indicate his/her disposition of the employee(s), grievant. The administration shall have the circumstances and facts upon which it is based, the Section option of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable using supportive personnel in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level stage of the grievance procedure. Should . D. Level III - If the Association fail to meet grievant is not satisfied with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt disposition of the grievance, or if no disposition has been made within three (3) working days of such meeting (or six (6) working days from the date of filing at Level II, whichever shall be later) the grievance shall be transmitted to discuss the superintendent or his/her designee. Within five (5) working days, the superintendent or his/her designee shall meet with the grievant on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) working days of such meeting, and shall furnish a copy thereof to the grievant. E. Level IV - If the grievant is not satisfied with the disposition of the grievance by the superintendent or his/her designee, the grievant within five (5) working days of receipt of the disposition of the Superintendent from Level III, must appeal to the Board the decision of the Superintendent and request a Board Hearing. The Board, no later than its next regular meeting or two calendar weeks, which ever shall be later, may hold a hearing on the grievance, and attempt review such grievance in executive session (only if the subject of the grievance qualifies under the “Open Meetings Act” law as a resolutionsubject that can be heard in a closed session) or give such other consideration as it shall deem appropriate. Within ten Disposition of the grievance in writing by the Board shall be made no later than seven (107) workdays following the meeting the commander will provide the employee or Association Representative a written response days thereafter. A copy of such disposition shall be furnished to the grievance. If, in Association. F. Level V - If the opinion grievant is not satisfied with the disposition of the employee or grievance by the Association Representative a satisfactory settlement is not obtained within the ten (10) work days Board of the response this levelEducation, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations appeal may be advanced taken to the third stepan impartial arbitrator. Step Three – If the matter Such appeal is not resolved to the satisfaction of the employee be effected within tenfifteen

Appears in 1 contract

Sources: Master Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is Any dispute between the Employer and a Local Union relating to secure at the lowest possible levelinterpretation, mutually satisfactory resolutions to grievances, which may arise during the term application or administration of this Agreement or any violation thereof shall be resolved without stoppage of work in the following manner: The Job ▇▇▇▇▇▇▇ shall attempt to resolve the dispute on the job with the employee and are subject to resolution under this Agreement. B. A grievance the supervisor. If the dispute is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days not resolved within forty-eight (Monday through Friday4) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement hours of the grievanceoccurrence, the name of aggrieved party shall submit the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated difference and the remedy being sought. E. The term grievance sought in writing to the Secretary of the Local Union and the procedure relevant thereto shall not be deemed applicable authorized Representative of the Employer within sixty (60) days of occurrence, or in the following instances: 1. in matters where a method or review is mandated by law or by any rulecase of alleged unjust discharge, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following days of occurrence. Failure to submit the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level dispute in writing within the specified time limits expressed herein periods shall result in the matter being deemed to be waived. The foregoing time limitations shall not apply where there has been failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement. If the dispute is not resolved within five (5) days of receipt of written submission, the matter shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond referred to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedurePipeline Industry Grievance Panel. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained A Pipeline Grievance Panel shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative drawn within ten (10) workdays of when days from among the issue occurred or when the employee became aware regular and alternate members of the issueCanadian Pipeline Advisory Council or their designated substitutes. The parties will attempt Chairman of the Advisory Council shall appoint two (2) representatives of the participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives of the participating employers to resolve serve on the Panel. In no case and at no time shall representatives of the Union or the Employer involved in the grievance by meeting be appointed to the Panel. The Pipeline Industry Grievance Panel shall meet and render a decision within ten five (105) workdays days of appointment. A unanimous decision of the filing Panel shall be final and binding. Failing settlement under the above steps within the prescribed time limits, the matter shall be referred, within forty-eight (48) hours, to an Arbitrator selected by the Employer and the Union. If no Arbitrator can be agreed upon within forty-eight (48) hours, then application shall be made to the appropriate governmental authority over labour matters for the appointment of an Arbitrator. The Arbitrator shall render his decision with fourteen (14) days, however, this time limit may be extended by mutual consent. The decision of the grievanceArbitrator shall be final and binding. The lieutenant Arbitrator shall have the right to determine whether any matter referred to him is arbitrable. He shall also have the authority to award compensation or any other relief he deems advisable to an aggrieved employee. He shall not alter, amend or change the terms of this Agreement. Each party shall equally share the expense of the Arbitrator. Pending settlement of any grievance, it is agreed that the work shall be prosecuted without slowdown, work stoppage or lockout. PIPE LINE CONTRACTORS ASSOCIATION OF CANADA TEAMSTERS CANADA: Bouvier E. President International Representative I bed tandems Semi-Trailers; pole trailers; stringing trucks; tree farmers Track trucks (transportation); winch trucks; A-Frames or hoistequipped trucks (transportation); dump trucks over yards Fuel trucks; warehousemen (where applicable); vacuum trucks or similar equipment Flat beds; supply trucks; buses (where applicable); farm typetractors (transportation, material hauling); (in warehouse area); dump truck yards and under Job ▇▇▇▇▇▇▇ Fifty cents ($0.50) per hour above rate for his classification. Dynamite Truck Twenty-five cents ($0.25) per hour above rate of truck when hauling powder. EMPLOYER CONTRIBUTIONS Rates at which the Employer shall contribute for each hour of work performed on behalf of each employee employed under the terms of this Agreement for the following purposes shall be: The Pipeline Industry Promotion Fund shall be administered by the Pipe Line Contractors Association of Canada. TEAMSTERS PIPELINE SERVICE FUND The Employer shall deduct the following from each employee covered by this Agreement for each hour of work performed and remit it monthly to the Teamsters Pipeline Service Fund: May per hour OVERTIME AND HOLIDAY PAY Hours worked in excess of eight (8) hours per day and forty (40) hours per week shall be paid at the rate of time and one-half the straight time rate. Work performed on Sunday and the specified statutory holidays shall be paid at double the straight time rate. Additional holidays recognized in the Construction Industry will provide be observed on all work covered by this Appendix. OWNER-OPERATED DUMP TRUCKS If an owner-operator is engaged to operate a dual rear axle dump truck, as mutually agreed to by the employee or Association Representative Local Union and the Employer, then such owner-operator shall obtain a written response within ten (10) workdays clearance from the meetingLocal Union prior to commencement of work and shall be paid not less than ninety-five percent (95%) of the applicable Provincial Government Department of Transportation published hourly rate which shall be an all- inclusive rate. If Group Classifications bed tandems Semi-Trailers; pole trailers; stringing trucks; tree farmers Track trucks (transportation); winch trucks; A-Frames or hoistequipped trucks (transportation); dump trucks over yards Fuel trucks; warehousemen (where applicable); vacuum trucks or similar equipment Flat beds; supply trucks; buses (where applicable); farm typetractors (transportation, material hauling); forklifts (in warehouse area); dump truck yards and under Job ▇▇▇▇▇▇▇ cents ($0.50) per hour above rate for his classification. Dynamite Truck Twenty- five cents ($0.25) per hour above rate of truck when hauling powder. EMPLOYER CONTRIBUTIONS Rates at which the matter is not resolved Employer shall contribute for each hour of work performed on behalf of each employee employed under the terms of this Agreement for the following purposes shall be: The Pipeline Industry Promotion Fund shall be administered by the Pipe Line Contractors Association of Canada. TEAMSTERS PIPELINE SERVICE FUND The Employer shall deduct the following from each employee covered by this Agreement for each hour of work performed and remit it monthly to the satisfaction Teamsters Pipeline Service Fund: May I, per hour OVERTIME AND HOLIDAY PAY Hours worked in excess of forty (40) hours per week and all hours worked on Saturday shall be paid at the rate of time and one-half the straight time rate. Work performed on Sunday and the specified statutory holidays shall be paid at double the straight time rate. Additional holidays recognized in the Construction Industry will be observed on all work covered by this Appendix. OWNER-OPERATED DUMP TRUCKS If an owner-operator is engaged to operate a dual rear axle dump truck, as mutually agreed to by the Local Union and the Employer, then such owner-operator shall obtain a clearance from the Local Union prior to commencement of work and shall be paid not less than ninety-five percent (95%) of the applicable Provincial Government Department of Transportation published hourly rate which shall be an all- inclusive rate. WAGE RATES AND CLASSIFICATIONS The classifications and hourly wage rates applicable thereto shall be as follows: Group Classifications bed tandems Semi-Trailers;pole trailers; stringing trucks; tree farmers Track trucks winch trucks; A-Frames or hoistequipped trucks dump trucks over yards Fuel trucks; warehousemen (where applicable); vacuumtrucks or similar equipment Flat beds; supply trucks; buses (where applicable); farm type tractors (transportation, material hauling); forklifts (inwarehouse area); dump truck yards and under Job ▇▇▇▇▇▇▇ Fifty cents ($0.50) per hour above rate for his classification. Dynamite Truck Twenty-five cents ($0.25) per hour above rate of truck when hauling powder. MAS D EMPLOYER CONTRIBUTIONS Rates at which the Employer shall contribute for each hour of work performed on behalf of each employee within ten employed under the terms of this Agreement for the following purposes shall be: t The Pipeline Industry Promotion Fund shall be administered by the Pipe Line Contractors Association of Canada. TEAMSTERS PIPELINE SERVICE FUND The Employer shall deduct the following from each employee covered by this Agreement for each hour of work performed and remit it monthly to the Teamsters Pipeline Service Fund: May per hour OVERTIME AND HOLIDAY PAY I Hours worked in excess of forty (1040) workdays hours per week and all hours worked on Saturday shall be paid at the rate of time and one-half the straight time rate. Work performed on Sunday and the specified statutory holidays shall be paid at double the straight time rate. Additional holidays recognized in the Construction Industry will be observed on all work covered by this Appendix. OWNER-OPERATED DUMP TRUCKS If an owner-operator is engaged to operate a dual rear axle dump truck, as mutually agreed to by the Local Union and the Employer, then such owner-operator shall obtain a clearance from the Local Union prior to commencement of work and shall be paid not less than ninety-five percent (95%) of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time applicable Provincial Government Department of personal service, the employee or Association Representative Transportation published hourly rate which shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenan all- inclusive rate.

Appears in 1 contract

Sources: Master Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as An employee having a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name or one designated member of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit group having a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture first lake up the grievance within working days after the occurrence of the right to file. Furthermore, any grievance determination not appealed to matter which is the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties who will attempt to resolve adjust it. In the grievance by meeting within ten (10) workdays of event the filing supervisor is not able to adjust the grievance, he/she will arrange to send for the Union ▇▇▇▇▇▇▇ undue delay and without further discussion of the grievance. The lieutenant will provide If the grievance is not adjusted by the supervisor, it shall be reduced in writing on an employee grievance form provided by the University and signed by both the Union ▇▇▇▇▇▇▇ and the employee or Association Representative a involved. The supervisor shall give his/her answer in writing to the ▇▇▇▇▇▇▇ without undue delay, but not more than three working days after the grievance has been presented in writing. If the grievance is not settled at Step One, the written response grievance may be referred to the proper Designated Authority* at the location where the is employed, by the Local Union President within ten (10) workdays from five working days after receiving the answer in writing. A meeting shall be arranged by the Designated Authority within three working days of receiving the grievance. Either party may request the presence of the and the Union ▇▇▇▇▇▇▇ at the meeting. The Designated Authority shall his/her answer in to the Local Union President without undue delay but not later than working days after the said meeting. If the matter grievance is not resolved to the satisfaction of the employee within ten (10) workdays of the responsesettled at Step Two, the employee may file a written grievance at Step Twomay be referred to the Director of Human Resources or his/her designate by the Local Union President within five working days of receiving an answer in writing from the Designated Authority. Step Two – The written grievance is filed Either party may request the presence of the Union ▇▇▇▇▇▇▇, Local Union President and the National Representative, supervisor or Designated Authority to attend the meeting to present evidence or give assistance In the settlement of the grievance. A meeting shall be arranged by the Director of Human Resources or his/her designate with the commander with a copy to the Employee Relations Representative. At the time Local Union President within working days of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, grievance in order to discuss resolve the grievance, and attempt a resolutiondispute. Within ten (10) workdays following The Director of Human Resources or his/her designate shall give his/her reply in writing within working days if the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement grievance is not obtained within the ten (10) work days of the response settled at this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenmeeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is parties recognize that the Canada Labour Code provides that any employees may present their personal grievance to secure their employer at the lowest possible level, mutually satisfactory resolutions to grievances, which any time. Any such grievance may arise during the term of this Agreement and are be subject to resolution under this Agreement. B. A consideration and adjustment as provided in the following articles on grievance is defined as procedure. In the event of a charge by either party dispute between any member or members of the bargaining unit and the Company, in reference to this Agreement that the other has violated one application, administration, interpretation or more expressed provisions alleged violation of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of following shall be the employee(s), procedure for the circumstances adjustment and facts upon which it is based, settlement thereof; STEP 1: The grievance shall be reduced to writing and a copy thereof delivered to the STEP 2: The grievance shall be discussed with the Section of this agreement allegedly violated Station Manager or a designee and the remedy being sought. E. The term grievance and the procedure relevant thereto Local Grievance Committee consisting of not more than three (3) members. Such meeting shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance take place within ten (10) workdays following the discovery days of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Steprequest for a meeting. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of STEP 3: If the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered is not recorded as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative settled within ten (10) workdays of when days after the issue occurred or when meeting described in Step the employee became aware dispute shall be referred to the President and General Manager of the issueCompany or a designee, and the Union Office for further discussion and consideration. STEP 4: In the event that the representatives of the Company and the Union cannot reach agreement, the dispute may, by written notice of either party to the other party, be submitted to final and binding arbitration. The parties will attempt to resolve the grievance by meeting shall, within ten (10) workdays days of the filing sending of the grievancenotice requesting arbitration, select a mutually acceptable arbitrator. The lieutenant will provide If the employee or Association Representative a written response parties are unable to agree on the selection of an arbitrator within these ten (10) workdays from days, the meetingFederal Minister of Labour shall be requested by either party to appoint the arbitrator. The cost and/or expenses of such arbitration shall be borne equally by the Company and the Union, except that no party shall be obligated to pay the cost of stenographic transcript without express consent. Arbitrators shall not have the power to change, modify, extend or amend the provisions of this Agreement, but Arbitrators shall have the power to direct, if they think proper, that any employee who has been wrongfully suspended, discharged, or otherwise disciplined shall be reinstated with pay and with any other benefit under this Agreement which may have been lost. If either of the parties of this Agreement consider that this Agreement is being misinterpreted, or violated in any respect by the other party, the matter is may be discussed between representatives of the Company and the Union, and if not resolved satisfactorily settled, either party may refer the matter to the satisfaction arbitration as provided in Step of Section Any time limit mentioned under grievance procedure shall exclude Saturdays, Sundays and Statutory Holidays and vacations of the employee within ten (10) workdays concerned, and may be extended by mutual consent. Employees shall suffer no loss of the response, the employee may file a written pay or other benefits while attending grievance at Step Two. Step Two – The written grievance is filed meetings with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenCompany.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of Section It is understood and agreed that all in this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and Contract are subject to resolution under grievance procedure, except where such stated subjects are expressly excluded from some step or steps of this Agreement. B. A grievance is defined procedure by a specific provision of this Contract. Should differences arise between the Company and the Union or employees as a charge by either party to this Agreement that the other has violated one or more expressed meaning and application of the provisions of this Agreement. C. As used in this Article, “days” or as to the compliance of either party with any of the obligations under the Agreement, or should there be any complaint or grievance by an employee or the Union, ▇▇▇▇▇▇▇ efforts shall mean work be made to settle such differ- ences immediately under the following procedure: Step Any who has a complaint may verbally present his grievanceto his supervisor with or without his Union Committee Member being present (as he desires). In order to consider a grievance,it must initially be presented within five (5) working days after the employee becomes aware of its occur- rence. The supervisorshall givetheemployeeananswerwithin two (Monday through Friday2) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement working days from the date he is made aware of the grievance. from the date he receivesthe grievance. Step If a settlement is not reached in Step the grievance may be submitted to Step in written form within two (2) working days from the date of the written response in Step by the Union Chairman for appeal to the Manager, Personnel Industrial Relations, or his designated representative and a meeting shall be arrangedwith Company representatives in an attempt to resolve the grievance. At such meeting, the name Grievance Committee may be accom- panied by an International Representative of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1Union. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is Where mutually agreed by the parties, ,the time limits expressed herein may shall attend the Step meeting. The Company’s answer shall be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal furnished to the next level Union Committee Chairman in writing within five (5) working days from the date of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. Step If the matter is not resolved settled within five (5) days after receiving an answer in the previousstep, it shall besubmittedto arbitration in the following manner: The Company and the Union shall select an arbitrator and in case of disagreement, both parties submit a joint request to the satisfaction Minister of Labour of the employee within ten Province of Ontario to furnish a panel of five (105) workdays of the response, the employee may file a written grievance at Step Twoqualified and availablearbitrators. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following Upon receipt of the grievancepanel of names, representatives of the Company and the Union shall meet and proceed to discuss select the grievancearbitrator. Failing a mutual selection, the parties shall each, beginning with the Union, one a time, two namesfrom the panel. The one then remaining name shall be the arbitrator and attempt such selection shall be final and binding upon the Company and the Union. expense of the arbitration, if any, shall be shared equally by the parties hereto. Section The arbitrator shall not have jurisdiction to alter or changeany of the this Agreement, ortosubstitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. The arbitrator shall have jurisdiction to deal with all differences between the parties arising from the interpretation, application, administration, or alleged violation of the Agreement, including any question as to whether a resolutionmatter is arbitrable. Within ten (10) workdays following the meeting the commander will provide the employee He shall, however, in respect to a grievance involving a suspension or Association Representative a written response discharge, be entitled to the grievance. Ifmodify or set aside such penalty, if in the opinion of the employee arbitrator it is just and equitable to do so. All reasonable arrangements will be made to permit the con- ferring parties to have access to the plant or office to view the disputed operations and with the necessary witnesses. Section It is understood between the Company and the Union that meetings shall be called between the designated representatives of the Company and Union Grievance Commit- tee, with or without the International Representative and/or the Regional Director, as often as necessary for the purpose of disposing of all unsettled grievances. Such meetings may be requested by either the Union or the Association Representative Company to be held at times mutually agreeableto both parties, but not later than five (5) days after the request is submitted. Grievances that cannot reasonably be delayed for any length of time shall be taken up on specially called meetings. Members of the Union Grievance Committee will be compensated for time spent during their regular working hours in dealing with grievances, at their regular rate of pay. grievance within the specified time limit, in any of the steps listed above, the Union shall then carrythegrievancetothenext step of the Grievance procedure. When a satisfactory settlement is not obtained within the ten (10) work days agreed upon at any time of the response steps listed above, such agreement shall be final and binding but without precedence or prejudice on both parties. The time limit referred to in the grievance procedure may be extended by mutual agreement. Section An allegation by the Union or the Company that either the Company or the Union, as the case may be, has violated or misinterpreted this levelAgreement may be lodged upon written notice. Failing satisfactory settlement, the grievance may then be appealed to an arbitrator selected as herein provided. Section A claim by a seniority employee or Association Representative may advance that he has been wrongfully suspendedor discharged,shall be treated as a if a special statement of such grievance be lodged with the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenManager, Personnel Relationswithinthree

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, Grievances or disputes which may arise during concerning the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section scope of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable settled in the following instances:manner. Any of the timelines provided below may be extended by mutual agreement. Step 1. in matters where a method or review is mandated by law or by any ruleThe Union Grievance Committee, regulation, resolution or bylaw upon receiving notification of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file determine if a grievance exists. If in its opinion no grievance exists, no further action shall be taken. Step 2. If the Grievance Committee determines that a grievance may exist, a written notice with his/her lieutenant with a copy grievance shall be submitted to the Employee Relations Representative Fire Chief, stating the action that is grieved, the section(s) of the agreement violated, and the remedy that is sought. The grievance shall be filed within ten (10) workdays 15 calendar days of when the issue occurred action being grieved, or when the employee became aware reasonably should have known of the issueaction, whichever is later. The parties will attempt to resolve A meeting on the grievance by meeting within ten (10) workdays matter shall be arranged with the Chief of the filing Fire Department for consideration of the grievance. The lieutenant interested employee may be present if he or she so desires. Step 3. If within 15 calendar days of the presentation to the Chief, the alleged grievance has not been settled, a petition shall be submitted within 15 calendar days thereafter to the Human Resources Director for consideration. (a) If within 15 calendar days of the presentation of the petition to the Human Resources Director, the alleged grievance has not been settled, either party shall have 15 calendar days to request in writing that the alleged grievance be submitted to a neutral arbiter, or if requested by a party, a Board of Arbitration. (b) If the grievance will provide be considered by a single neutral arbiter, the employee parties shall initially seek to agree upon a mediator or Association Representative a written response within ten (10) workdays from the meetingarbiter. If the matter is not resolved parties are unable to the satisfaction of the employee within ten (10) workdays of the responseagree, the employee Union may file request a written grievance at Step Twolist of seven arbiters from Washington or Oregon from the Federal Mediation and Conciliation Service. Step Two – The written grievance Each party shall alternately strike from the list until one name remains. (c) If a Board of Arbitration is filed with the commander with a copy to the Employee Relations Representative. At the time of personal servicerequested, the employee or Association Representative Board of Arbitration shall schedule a grievance meeting with consist of three persons, one of whom shall be appointed by the commander or designeeCity and one by the Union. This meeting should Such appointments shall be held made within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work 10 calendar days of the response this levelrequest for arbitration and the third member shall be appointed within 10 calendar days by the two members so appointed and shall be Chairperson. Should the members so appointed by the parties fail to agree on a Chairperson, the employee or Association Representative may advance said Chairperson shall be appointed by using a list of seven Washington/Oregon arbiters, with the list obtained from the Federal Mediation and Conciliation Service. Each party shall alternately strike from the list until one name remains. (d) The Board of Arbitration shall render its decision based solely on the interpretation of this agreement. The Board shall render its decision by majority vote which shall be final and binding on both parties. The Board shall finally settle such grievance to Step Three. On grievances other than suspensions and terminations this is within 30 calendar days after the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction completion of the employee arbitration. (e) Each party shall bear the expenses of its arbitrator and pay one half (½) the expenses if any, of the Chairperson. Parties will pay their own attorneys’ fees, unless an arbitrator finds that the City’s wage case was arbitrary and capricious. (f) The Board of Arbitration shall not act on any matter that is within tenthe jurisdiction of the Civil Service Commission.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose 10.1 It is the mutual desire of the Company and the Union that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he has first given his ▇▇▇▇▇▇▇ an opportunity of adjusting his complaint. In discussing such a complaint, the employees may be accompanied by his ▇▇▇▇▇▇▇ if he requests such assistance; such decision at this procedure stage is not binding on the Company or the Union nor to secure at form a precedent. 10.2 Should any misunderstanding or controversy arise between the lowest possible levelCompany and the Union as to the compliance of either party with any of its obligations hereunder, mutually satisfactory resolutions to grievances, which may arise during or should there be any grievance involving the term terms of this Agreement and are subject by an employee, or group of employees, or the Union, the same shall be handled in the following manner, provided, however, that no grievance shall be considered the alleged circumstances of which originated or occurred more than fourteen working days prior to resolution under this Agreement. B. A grievance is defined its first presentation as a charge written grievance in accordance with the procedure set out herein. An employee’s grievance which is not settled by either party the ▇▇▇▇▇▇▇ shall be produced in writing in triplicates on forms provided by the Company and approved by the Union, signed by such employee or group of employees, and submitted to this Agreement that the other has violated one Plan Superintendent through the ▇▇▇▇▇▇▇ by the ▇▇▇▇▇▇▇, The Plant Superintendent shall deal with the grievance and render his decision thereon in writing not later than the second working day following the day on which he received the grievance. After exhausting the Grievance Procedure herein provided without settlement of any difference between the parties arising from the interpretation, application, administration or more expressed provisions alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference or question shall be submitted to arbitration at the request of either party. Request for arbitration shall be made within twenty-one days after the grievance has been dealt with in Step #2. Arbitration shall be in accordance with provisions of the Ontario Labour Relations Act. R.S.O. 1960 and subsequent amendments thereto. Each of the parties hereto shall bear the expenses of the arbitrator appointed to represent it and the expense of the Chairman shall be borne in equal shares by both parties, the shares shall be paid direct to the Chairman by each. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. 10.3 The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to Union itself may submit a grievance within ten (10) workdays following in respect to the discovery interpretation, administration or alleged violation of this Agreement, such a grievance shall be submitted by the President or Financial Secretary or Senior Plant ▇▇▇▇▇▇▇ of the act, or the condition which gave rise Local Union to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein Plant Manager in writing and it shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them dealt with at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One #2 and all subsequent further steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the partiesincluding Arbitration. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose 16.01 Any member of this procedure is the Association or the accredited representative of the Association, having a grievance arising out of the interpretation, application, operation or alleged violation of Agreement shall take the matter up with the Association within five (5) working days from the time that the grievance should reasonably have come to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during attention of the term of this Agreement and are subject to resolution under this Agreementaggrieved party. B. A (a) If, after investigation, the Association considers the grievance is defined as to be a charge just one, it shall have the right to be heard by either party the Chief of Police or his designate. In making application for a hearing, the Association shall deliver to this Agreement that the other has violated one Chief of Police or more expressed provisions his designate, within five (5) working days of this Agreement. C. As used the time the grievance was brought to its attention, the application which shall include an outline in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement writing of the grievance, the name clause or clauses of the employee(s)agreement alleged to be violated, the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being soughtdesired. E. (b) The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department hearing shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance given within ten (10) workdays working days of the date the application is received. The Chief of Police or his designate shall, within five (5) working days following the discovery end of the actsuch hearing, or the condition which gave rise give his decision in writing to the grievance, will constitute forfeiture of Association. (c) The Association shall have the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level Police Commission the decision of the grievance procedure. Should the Association fail to meet Chief of Police or his designate and, in so doing, shall file with the University within 10 workdays Police Commission a written statement of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdaysappeal, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance well as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One the decisions and all subsequent steps reasons of the grievance procedureChief of Police or his designate. Such appeal shall be filed within five (5) working days following the receipt of the decision of the Chief of Police or his designate. The copy Association shall forthwith advise the Chief of Police, or his designate, of its decision to appeal to the Police Commission. (d) The appeal shall be provided heard by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative Police Commission within ten (10) workdays of when the issue occurred or when the employee became aware working days of the issue. The receipt of the application, and the Police Commission shall render its decision within twenty (20) working days following the conclusion of the hearing. (a) In the event that the parties will attempt are unable to resolve the grievance by meeting within ten (10) workdays difference at the preceding stage, either of the filing parties shall have the right to refer the grievance to an arbitration board, provided that the grievance has been properly processed in accordance with this grievance procedure. If either of the grievanceparties chooses to refer the grievance to an arbitration board, the grievance shall be referred to the board within twenty (20) working days following the receipt of the decision of the Police Commission. (b) If either of the parties submits the grievance to arbitration, it shall do so by a notice in writing to the other party, naming an appointee to the arbitration board. (c) The receipt of the notice shall, within seven (7) calendar days of receipt of such notice, inform the other party of the name of its appointee to the arbitration board. The lieutenant will provide two (2) appointees shall, within five (5) calendar days, appoint a third person who shall be Chairman of the employee arbitration board. (d) If either member of the arbitration board is unable or Association Representative unwilling to act, a written response new member shall be appointed by the applicable party within ten seven (107) workdays from calendar days of the meetingreceipt of notice of inability or unwillingness to act. If the matter Chairman is not resolved unable or unwilling to act, the satisfaction appointees shall, within five (5) calendar days, appoint a new Chairman. (e) If the recipient of the employee notice fails to appoint an arbitrator in the time limits, if the two (2) appointees fail to agree upon a Chairman within ten (10) workdays of the responsetime limits, or if a party fails to appoint an alternative member, the employee may file a written appointment shall be made by the Minister of Labour upon the request of either party. (f) The arbitrator board shall hear and determine the grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative and shall schedule a grievance meeting with the commander or designee. This meeting should be held issue an award in writing within ten sixty (1060) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work calendar days of the response this levelhearing. The decision of the majority is the award of the arbitration board but, if there is no majority, the employee decision of the Chairman shall be the award of the arbitration board. The decision of the arbitration board is final and binding upon the parties and any person affected by it and such parties or Association Representative persons affected shall do or abstain from doing anything as required by the arbitration board. (g) The grievance arbitration board, by it decision, shall not alter, amend or change the terms of the Collective Agreement. 16.04 Each party appointing an arbitrator shall bear the expenses of its respective appointee and shall bear one-half (1/2) of the expenses of the Chairman of the arbitration board. 16.05 For the purposes of the preceding paragraphs, “working days” shall be consecutive days, exclusive of Saturdays, Sundays or holidays recognized by the City. 16.06 Where both parties agree, the time limits contained therein may advance be extended. Such agreement shall be confirmed in writing. 16.07 In respect of the time limits prescribed in the grievance to Step Three. On grievances other than suspensions and terminations procedure under this is Agreement, where such time limits have not been met by the last step prior to arbitration. Only suspensions and terminations may be Association, or where a grievance has not been advanced to the third succeeding step. Step Three – If , then the matter is not resolved grievance shall be deemed to the satisfaction of the employee within tenhave been abandoned.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose following procedure shall be used to resolve grievances: Step 1. The grievance shall be presented in writing to the Fire Chief and the Chairman of the Board of Fire Commissioners, within ten (10) days of the occurrence of the event giving rise to the grievance. The grievance shall contain: a. Name and classification of the employee. b. Nature of the grievance and contract provision involved c. Steps taken to resolve the grievance informally d. Requested remedy e. Signature of the employee or employees involved f. The parties acknowledge and agree that time is of the essence with respect to commencement of any grievance, including but not limited to a Step III grievance/demand for arbitration. Failure to strictly adhere to contractual time frames will operate as an irretrievable waiver of right to pursue a grievance. No arbitrator has the authority to expand or enlarge the timeframes within the grievance procedure set forth in the contract for any reason. The Fire Chief or his designee shall have his answer in writing within ten (10) days of the receipt of the grievance. Step 2. If the employee or Union is not satisfied with the answer given by the Fire Chief, the grievance may be submitted to the District or their designee who shall consider it as soon as possible, but not later than twenty (20) days after receiving it. Written grievance processed to the second step shall be submitted to the District within ten (10) days after the receipt of the Fire Chief’s answer Step 3. Arbitration a. In the event that the parties are forced to arbitration, the arbitrators shall be selected by the mutual agreement of both parties. In the event that the parties cannot agree on an arbitrator, each party shall select an arbitrator and each parties selected arbitrator shall meet and select an arbitrator. Their selection shall be binding on both parties. No dispute or controversy shall be subject to arbitration unless it involves an alleged violation of a specific provision in this Agreement. The arbitrator shall have no power to add to, subtract from or modify the terms of this procedure is to secure Agreement. The arbitrator shall arrive at his/her decision solely upon the lowest possible levelfacts, mutually satisfactory resolutions to grievances, which may arise evidence and contentions as presented by the parties during the term of this Agreement and are subject to resolution under this Agreementarbitration proceedings. B. b. Any disciplinary action measure, including discharge, imposed upon an employee may be processed as a grievance by the employee. If an employee is reprimanded it shall be done in a manner that will not embarrass the employee before other employees or the public. c. In the event of arbitration, the decision of the arbitrator shall be final and binding upon parties hereto. d. The expense of the arbitrator’s service and the proceedings shall be borne equally by the parties. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, and make copies available to the other party. Each party shall pay the cost of the verbatim transcript which it orders and receives. The parties shall share the cost of the copy provided to the arbitrator. e. A grievance is defined as not initiated within the time specified shall be deemed waived. Failure of the Union to appeal a charge by either party to this Agreement decision within the time limit shall mean that the other has violated one grievance is settled on the basis of the decision last made and shall not be eligible for further appeal. The arbitrator shall be without power of authority to modify, add to, alter, subtract or more expressed provisions change the terms of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement f. Failure of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority party to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level respond within the agreed to time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party limit at any step of this grievance procedure shall be deemed to be a negative response and the grievance procedure to provide advice and support may proceed to the parties. K. Grievances next level. Parties may, by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievancewritten mutual consent, shall file a written notice with his/her lieutenant with a copy agree to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At extend the time limit of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third any step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten.

Appears in 1 contract

Sources: Personnel Agreement

GRIEVANCE PROCEDURE. A. 14.01 Any dispute or grievance arising between the parties to this Agreement as to the proper interpretation or application of the Agreement shall be adjusted by the accredited representative of involved Employer and the accredited representative of the Union. If these parties fail to reach a satisfactory adjustment within thirty, (30) calendar days from the date the grievance is filed in writing, as required by Section 14.06, by either party upon the other, the moving party must refer the matter for final adjustment to a Labor Relations Committee selected as follows: One (1) member from the Employer and one (1) member from the Union, or the grievance shall be deemed waived. If the Labor Relations Committee fails to reach an agreement within five (5) calendar days from the date of the Labor Relations meeting, the moving party must request arbitration or the grievance shall be deemed waived. 14.02 If arbitration is requested, within five days of such request, the moving party must request a panel of eleven (11) arbitrators from the Federal Mediation and Conciliation Service. Upon the parties’ receipt of said FMCS panel, the parties shall, within 15 days, select an arbitrator and schedule a mutually agreeable hearing date. The purpose method of this procedure is selecting an arbitrator shall be by alternately striking a name from the FMCS panel until one (1) name remains as the arbitrator chosen by the parties. 14.02.1 The parties to secure at the lowest possible level, mutually satisfactory resolutions arbitration have the right to grievances, which may arise during request and receive information needed to prepare for arbitration or for the term renegotiation of this Agreement to the extent permitted under Federal law. The requesting party shall pay all reasonable costs incurred as the result of such request. 14.03 The parties shall notify the arbitrator at the time of selection of the requirement that he or she must reader a final and are subject binding decision within thirty (30) days from the close of the arbitration hearing, or from the arbitrator’s receipt of the post-hearing briefs, whichever is later. In the event the selected arbitrator is unable to resolution under agree to such requirement, the parties shall contact the remaining arbitrators provided by FMCS in inverse order of their striking until agreement to comply with the above condition is obtained. Upon proper receipt, the decision of the arbitrator shall be final and binding upon both parties to this Agreement. B. A grievance is defined as 14.04 Either party may obtain a charge transcript of the arbitration at the party’s expense for its sole use, unless the other party wishes a copy, in which case the expense of the transcript shall be shared equally. The fees of the arbitrator shall be borne by the losing party. The arbitrator shall have authority to appropriately apportion costs between the parties in the event of a split decision and/or award. 14.05 During the process of making adjustments under the rules and procedures set forth in this Section, no strike or lockout shall occur. 14.06 Grievances shall not be recognized unless received in writing by the accredited representative of either party to this Agreement that within thirty (30) calendar days from the other has violated one date the grieving party knew or more expressed provisions should have known of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the occurrence causing the grievance, the name except as otherwise proved herein. 14.06.1 Overtime or back pay claims must be received in writing within fifteen (15) calendar days of the employee(s)payday such shortage appears. Such claims shall be limited to the amount it involved in the thirty (30) days immediately preceding the date upon which the grievance was received in writing, except that where there is an automatic apprentice wage bracket adjustment due under the terms of Appendix “A”, the circumstances and facts upon which it is based, the Section period of this agreement allegedly violated and the remedy being soughtadjustment shall be extended to one (1) year. E. The term grievance 14.06.2 Claims for unjust suspensions and discharge must be received in writing within fifteen (15) calendar days from the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method date of suspension or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to actdischarge. F. Grievances submitted on behalf of 14.06.3 Where grievances arise upon the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights dismissal of an employee to discuss or process his/her which involves claims for adjustment of wages received during the employment, said grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall must be notifiedreceived, in writing, by within fifteen (15) calendar days following the Employee Relations Representative dismissal, or receipt of any settlements reachedfinal paycheck, whichever is later. J. 14.06.4 Following the filing and the response to the grievance neither party is permitted to add to, substrate from, modify, or change its contractual position, as required by this Section, at any time prior to the final decision by an arbitrator, except where newly acquired evidence is documented. In such case, either party shall have the right to modify. 14.06.5 The Employee Relations Representative moving party shall present a written statement describing their position as fully as possible no later than thirty (30) days prior to the date of the arbitration hearing. Failure to comply with this requirement shall render the grievance null and void. 14.07 Any grievance not originally filed in accordance with the time limits of Article 14 shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance proceduredeemed waived. The copy shall be provided by the initiating party. The Employee Relations Representative or designee Any time limitation established herein may be called extended only by either party at any step mutual agreement of the grievance procedure to provide advice and support to the parties. K. Grievances 14.08 The arbitrator shall have no authority to amend, modify, nullify, add to, or subtract from any provision of the Agreement or to make a decision, which is contrary or inconsistent with the terms of the collective bargaining agreement or to the arbitration record. 14.08.1 In cases involving discharge, the arbitrator has no authority to order back pay more than ninety (90) days following the date the Employer receives the original grievance. 14.08.2 The conduct of the arbitration proceeding is under the arbitrator's jurisdiction and control, and the arbitrator's decision shall be based upon the evidence and testimony presented at the hearing or otherwise incorporated in the record of the proceeding. 14.08.3 The arbitrator must provide a fair and adequate hearing which assures that the parties have sufficient opportunity to present their respective evidence and argument and must address all significant issues raised by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenparties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution 8.01 A grievance under this Agreement. B. A grievance is Collective Agreement shall be defined as a charge by either party to this Agreement difference or dispute between the Employer and any Employee(s) or the Union. The Union and Employer agree that it is the other has violated one or more expressed mutual desire of the parties that grievances should be dealt with as quickly as possible. All Grievances shall identify the provisions of this Agreement. C. As used the Collective Agreement alleged to have been breached and shall contain a brief statement of the facts giving rise to the grievance and a statement of the remedies sought. All grievances shall be filed in accordance with the procedure outlined in this Article, “days” and on the prescribed Union form, which shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closedbe appended to this Collective Agreement. D. A written grievance must contain a statement 8.02 Grievances properly arising under this Collective Agreement shall be adjudicated and settled as follows: It is the mutual desire of the grievance, parties hereto that complaints of employees shall be adjusted a quickly as possible and it is understood that an employee has no grievance until they have first given the name Supervisor or designate the opportunity of adjusting their complaint. Such complaint shall be discussed with the employee(s), Supervisor or designate within ten (10) calendar days after the circumstances and facts upon which giving rise to it have occurred. If the complaint is basednot settled, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department it shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit taken up as a grievance within ten (10) workdays following the discovery calendar days of the act, or discussion in the condition which gave rise to following manner and sequence: If the grievance, will constitute forfeiture Union considers the complaint of the right employee justified to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, it shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative grievance within ten (10) workdays of when the issue occurred or when the employee became aware calendar days of the issuesupervisor’s response or lack thereof, to the Executive Director or designate. The parties will attempt to resolve Bargaining Unit President, ONA Labour Relations Officer and the grievance by meeting Employee(s) concerned, shall meet within ten (10) workdays of calendar days or a mutually agreeable time with the filing of Director or their designate and such other persons as the Director or designate may desire, to consider the grievance. The lieutenant will provide Director or designate shall render, in writing to the employee or Association Representative a written response Union, the decision of the Employer with regard to the grievance within ten (10) workdays from calendar days following the meeting. If the matter Union is not resolved to satisfied with the satisfaction response of the employee Employer, it shall within ten twenty (1020) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays days following receipt of the grievanceEmployer’s response notify the Employer in writing that they wish the matter proceed to arbitration. 8.03 A claim by an Employee who has completed their probationary period that they have been unjustly discharged shall begin the grievance procedure at Step 2. 8.04 The release of a probationary employee for reasons including those based on performance and ability to do the job, including skills, suitability and availability shall not be subject to discuss the grievancegrievance procedure unless the probationary employee is released for: (a) reasons which are arbitrary, discriminatory or in bad faith; (b) exercising a right under this Agreement. 8.05 The Union and attempt a resolution. Within ten Employer agree that the time limits mentioned in the grievance procedure shall only be extended by written agreement between the parties. 8.06 Any reference to days in this Article shall exclude Saturdays, Sundays and Statutory Holidays. 8.07 Any letter of reprimand, suspension or other sanction will be removed from the record of an employee twelve (1012) workdays months following the meeting the commander will provide the employee receipt of such letter, suspension or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tensanction provided that such employee’s record has been discipline free for one year.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The 4.1 For the purpose of this procedure is to secure at the lowest possible levelAgreement, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A a grievance is defined as a charge complaint by either party an employee that alleges, as to this Agreement that him or her, there has been a direct violation of the other has violated one or more expressed provisions express terms of a specific provision of this Agreement. C. As used 4.2 All grievances at each step must be in this Article, “days” shall mean work days (Monday through Friday) writing and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated signed by the Chief or designee by filing grievant, setting forth in detail the grievance with nature of and all the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave facts giving rise to the grievance, will constitute forfeiture the contract provision(s) alleged to have been violated and the remedy requested. If a grievance is filed concerning an officer who is superior in rank to the grievant, then that grievance shall be heard by an Officer of the right next highest administrative level above the Officer who is the subject of the grievance, or such other person as may be designated to filehear that grievance by the Chief of Police or his/her designee. FurthermoreSaid grievances must be processed in accordance with the levels, any time limits and conditions set forth below. The time limits set herein below are construed to be the maximum time limits. It shall be clearly understood by both parties that it is the responsibility of the grievant to exercise his/her rights under this grievance determination not appealed to procedure. Time periods may be extended by mutual agreement of the succeeding level within parties. Absent a mutually agreed upon extension of the time limits expressed herein shall be considered as closed. When it is mutually agreed periods, failure by the parties, Department to communicate the time limits expressed herein may be extended. Either the Association or employee who has entered grievances decision on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the specified time limits expressed herein, shall permit the Association may appeal grievant to proceed to the next level step. Failure of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, grievant in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of this procedure to appeal a decision to the next step within the specified time limits shall be deemed a waiver of future appeal of the decision, and will be considered acceptance of the decision rendered. Saturdays, Sundays and legal holidays shall not be counted in the computation of any time period specified in this section. 4.3 All grievants shall have an opportunity to be represented by the shop ▇▇▇▇▇▇▇ or a member of the Association’s executive board throughout the grievance procedure to provide advice and support to process commencing with Step One. If it is the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware intention of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances supervisor that any discipline other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations an oral reprimand be imposed, then representation may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tencommence at any level.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at Should a dispute arise between the lowest possible levelCompany and an employee or the Union as an entity regarding the interpretation, mutually satisfactory resolutions to grievancesapplication, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one operation, or more expressed provisions any alleged violation of this Agreement. C. As used in this Article, “days” including any questions as to whether any matter is arbitrable, it shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable resolved in the following instancesprocedural manner. (a) The employee or the Union, together with such person or persons as he or the Union may wish, shall take the matter up with the Company within thirty (30) calendar days. (b) Should a resolution not be reached by step (a) then a Business Representative of the Union, accompanied by the employee if the employee or Business Representative so wish, shall discuss the matter with the Company. If a solution is reached, this shall be final. (c) If the procedures set forth in (a) and (b) above do not result in a solution being reached within seven (7) days of the first discussion between a Business Representative of the Union and a representative of the Company, or within such further period as the Company and Union agree to in writing, the dispute shall be referred to an Arbitration Board of three (3) persons appointed as follows: (1. ) The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in matters where writing of the name and address of the person so appointed and particulars of the matter in dispute. (2) The party receiving the notice shall within five (5) days appoint a method or review is mandated by law or by any rule, regulation, resolution or bylaw member for the Board and notify the other party of UNM and;its appointment. 2. In matters where UNM is without authority (3) The two Arbitrators so appointed shall confer to select a third person to be chairman and failing for three (3) days from the appointment of the second of them to agree upon a person willing to act. F. Grievances submitted on behalf , either of them may apply to the Honourable, the Minister of Labour, of British Columbia, to appoint such third member. The Arbitration Board shall sit, hear the parties, settle the terms of the Department shall question to be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance arbitrated, and make its award, within ten (10) workdays following days from the discovery date of the act, or the condition which gave rise to the grievance, will constitute forfeiture appointment of the right to file. Furthermorechairman, any grievance determination not appealed to the succeeding level within provided the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated extended by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, agreement in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been unjustly suspended or discharged, that employee shall be reinstated by the Company without loss of pay and will all his rights, benefits and privileges which he would have enjoyed if the suspension or discharge had not resolved taken place , or if the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an ex-employee should have been rehired, that ex-employee shall be employed by the Company and paid all pay which he would have enjoyed and accorded all rights, privileges and benefits which he would have enjoyed if he had been hired at the proper time provided, that if it is shown to the satisfaction of Board that the employee within ten (10) workdays has been in receipt of wages during the responseperiod between discharge or suspension and reinstatement, or day of failure to rehire and rehiring, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with amount so received shall be deducted from wages payable by the commander with a copy Company pursuant to the Employee Relations Representative. At the time of personal servicethis Article, less any expenses which the employee or Association Representative shall schedule a grievance meeting with has incurred in order to earn the commander or designee. This meeting should be held within ten (10) workdays following receipt of wages so deducted, AND PROVIDED THAT the grievanceArbitration Board, to discuss the grievanceif circumstances are established before it, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, which in the opinion of the Arbitration Board, makes it just and equitable to do so shall have the authority to order the Company to pay less than the full amount of wages lost. The Arbitration Board shall have the right to modify any penalty imposed by the Company on an employee. If the award of the Arbitration Board is subsequently set aside by a court of competent jurisdiction, the question shall, at the request of either party, be submitted to another Arbitration Board appointed pursuant to and with all the powers provided by this Article. The expenses and remuneration of the chairman shall be paid by the parties in equal shares. Without restricting the specific powers hereinbefore mentioned, the Arbitration Board shall have all the general powers of an Arbitration Board. (d) A discharged employee or the Association Representative a satisfactory settlement is Union may, within seventy-two (72) hours of his discharge, in writing, require the Company to give him the reason for his discharge and the Company will give such reasons to him, in writing, within seventy-two (72) hours of such request and in the event of any dispute or difference as to whether or not obtained within there was proper cause for the ten discharge of such an employee, only the reasons so set forth in writing, shall constitute cause. The twenty-four (1024) work days of the response this levelhour periods in Saturdays, the employee Sundays, or Association Representative may advance the grievance General Holidays shall not be used as counting hours with regard to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tensuch written requests.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose Union no later than September of each school year, appoint not more than four (4) teachers to be members of a committee which shall be known as the Grievance Committee and the of this procedure is be to secure at deal with grievances. The Union shall inform the lowest possible levelBoard in of the members of the Grievance Committee and of any changes in the membership thereof Where a teacher or the Union has a dispute With the Board or its representative regarding interpretation, mutually satisfactory resolutions to grievancesapplication, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one operation or more expressed provisions any alleged violation of this Agreement. C. As used , the dispute shall constitute a grievance and shall be processed according to procedure set forth in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following calendar days the meeting grievance has to the commander will attention of the the with or without the Grievance Committee, may present the grievance in writing to the Superintendent or to some person designated by the Superintendent, and the shall provide the employee or Association Representative Grievance Committee with a written response to copy of the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the Within ten (10) work calendar days of the response this levelgrievance, the employee or Association Representative may advance designate, shall reply in to the and provide the Grievance Committee with a copy of the If the reply is not acceptable to the the Grievance Committee and the Superintendent,or designate, shall meet withinten 0) calendar days and shall endeavor to settle the grievance. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Committee and the Superintendent, or designate, are unable to settle the grievance as a result of the meeting in then the Union may within ten calendar days ofthe meeting, advise the Superintendent, or in writing, that the grievance shall be referred to Step Threean arbitrator. The arbitrator shall be appointed by mutual agreement between the Board and the Union within(10) calendar days of receipt by a party of the notice ofreferral pursuant to Ifthe parties are unable to concur in the appointment of an arbitrator, the arbitrator shall be appointed by the Minister of Labour for the Province of Nova Scotia, upon the request of either party. The arbitrator not reach any decision inconsistentwith the terms and conditions of thisAgreement, nor alter, amend or modifyany of the provisions thereof The arbitrator selected shall meet with the parties thirty (30) days of appointment, and shall render as soon as possible thereafter and shall forthwith send a written copy of the decision to both parties. limits as provided in this Article are not followed, the grievance shall be deemed to have been abandoned. On grievances the other than suspensions hand, the may proceed to the next step in the case of absence of a stipulated meeting or answer within the stipulated time limits. The decision of the arbitrator shall be final and terminations this is upon the last step prior to arbitrationUnion and the One half ) of the costs, expenses, and fees of the arbitrator shall be paid by the Union and the other by the Board. Only suspensions and terminations Time limits may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction extended by mutual agreement of the employee involved and shall be confirmed in writing within tenten (10) calendar days. When any of the aforementioned periods of time begins or expires on a day on which the operations of the Board have ceased, the beginning or expiration of the periods of be deemed to take place on the day next followingthe day the operations of the Board resume. Any step of the grievance procedure may be omitted by the consent of both parties in writing.

Appears in 1 contract

Sources: Teacher Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge (a) All claims or grievances must be presented in writing by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by employee involved, to the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware officer of the issue. G. Failure Carrier authorized to submit a grievance receive same, within ten sixty (1060) workdays following days from the discovery date of the actoccurrence on which the claim or grievance is based. If not filed within this time limit, the claim or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed“waived” and may not be processed or considered further. When it is mutually agreed by the partiesShould any such claim or grievance be disallowed, the time limits expressed herein may Carrier shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or his duly accredited representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be extended. Either allowed as presented, but this shall not be considered as a precedent or waiver of the Association contentions of the Carrier as to other similar claims or employee who has entered grievances on their own behalf, may drop them at any Stepgrievances. H. Should UNM fail (b) If a disallowed claim or grievance is to respond be appealed, such appeal must be in writing and must be taken within sixty (60) days from receipt of notice of disallowance, and the representative of the Carrier shall be notified in writing within that time of the rejection of his decision. Failing to a grievance within the time limits expressed hereincomply with this provision, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained matter shall be considered closed, but this shall not be considered as limiting a precedent or waiver of the rights contentions of an the employee as to discuss other similar claims or process his/her grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance as an individualon the property, extend the sixty (60) day period for either a decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. (c) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the Carrier to handle such disputes. The individual will advise All claims or grievances involved in a decision by the Employee Relations Representative of this decision. In such cases, the Association highest designated officer shall be notifiedbarred unless within nine (9) months from the date of said officer's decision, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances proceedings are instituted by the employee or his duly authorized representative before the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware appropriate division of the issueNational Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3, Second of the Railway Labor Act. The It is understood, however, that the parties will attempt to resolve may by agreement in any particular case extend the grievance nine (9) month period herein referred to. (d) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this rule, be fully protected by meeting within ten (10) workdays of the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than sixty (60) days prior to the grievancefiling thereof. The lieutenant will provide With respect to claims and grievances involving an employee held out of service in discipline cases, the employee or Association Representative a written response within ten original notice of request for reinstatement with pay for time lost shall be sufficient. (10e) workdays from This rule recognizes the meeting. If right of representatives of the matter Brotherhood to file and prosecute claims and grievances for and on behalf of the employees it represents. (f) This agreement is not resolved intended to deny the satisfaction right of the employee employees to use any other lawful action for the settlement of claims or grievances provided such action is instituted within ten nine (109) workdays months of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt date of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion decision of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days highest designated officer of the response Carrier. (g) Discipline imposed and agreed to in accordance with Rule 32(a) shall be final with no right of appeal. (h) This rule shall not apply to requests for leniency. (i) The time limits specified in this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations Rule may be advanced extended by agreement in writing or confirmed in writing between the parties. Where the term "duly accredited representative" appears in this Agreement, it shall be understood to mean the third step. Step Three – If regularly constituted committee and/or the matter is not resolved to the satisfaction officers of the employee within tenBrotherhood of Maintenance of Way Employees of which such committee or officers is a part.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose 8.1 Employees are encouraged to discuss all problematic situations with their immediate Supervisor as soon as possible, with the aim of finding a solution. Should an employee or the Union believe that an employee has been unjustly dealt with, or that the provisions of this Agreement have not been complied with, the following procedure is shall apply: Step 1 A complaint or grievance shall be presented to secure at the lowest possible levelManager concerned or in his absence, mutually satisfactory resolutions to grievanceshis designate within thirty (30) days of the date of the alleged incident, by not more than two (2) Union representatives, which may arise during include the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Articleemployee concerned, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance Manager or in his absence, his designate shall render his decision within five (5) days, and communicate it to the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing designated Grievance Officer unless the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances been presented by the employee alone. Step 2 If a complaint or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved adjusted to the satisfaction of the employee Union under Step 1, it shall be taken up within ten twenty (1020) workdays days with the Regional Vice-President or, in his absence, his designate, who shall render his decision within fifteen (15) days. A Policy Grievance related to the provisions of the response, the employee may file a written grievance this Agreement shall be submitted at Step Two. Step Two – The written grievance is filed with 2. 8.2 If the commander with a copy Union and the Corporation are unable to agree to the Employee Relations Representative. At the time adjustment of personal service, the employee or Association Representative shall schedule a any grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. Ifeither party may, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained writing, within the ten sixty (1060) work days of the response this levelcalendar days, the employee or Association Representative may advance refer the grievance to Step Threean Arbitrator. On Should neither party choose to refer the grievance within the time period herein, the grievance shall be deemed to have been abandoned. 8.3 The parties agree to name ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ or Mr. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, as sole Arbitrator, to arbitrate all outstanding grievances under this Agreement. If ▇▇. ▇▇▇▇▇▇ or ▇▇. ▇▇▇▇▇▇▇▇▇▇ cannot find an available date within ninety (90) days for a hearing, the parties agree to name another Arbitrator to cover such situations. If mutual agreement cannot be reached as to the selection of an Arbitrator, either party may then request the Federal Minister of Labour to appoint an Arbitrator. 8.4 An Arbitrator, to which a matter is referred, shall hear all evidence in the case and shall render a decision which decision shall be final and binding upon the parties to this Agreement. 8.5 The costs of the Arbitrator shall be borne equally between the parties to this Agreement. 8.6 An Arbitrator is not authorized to alter, modify or amend any part of this Agreement provided that the Arbitrator shall have the power to make a just and equitable determination of questions concerning discipline and discharge and this shall include the right to award with, or without, degrees of compensation. 8.7 The Corporation and/or the Union may request the Arbitrator to act as a Mediator-Arbitrator. This process would allow the Mediator to assist in resolving the dispute before arbitration if a mutual agreement can be reached between the Corporation and the Union. 8.8 Before arbitration takes place, both parties will meet for discovery to ensure disclosure of information pertinent to the case and to avoid surprises during the arbitration process. Documents not disclosed before the arbitration takes place shall not be admitted into evidence during the arbitration process with the exception of jurisprudence, documents of precedence, and any documents that are felt necessary by one or the other than suspensions and terminations party for the completion of the evidence as a result of testimony rendered during the arbitration process. 8.9 Time limits provided for by this is the last step prior to arbitration. Only suspensions and terminations Article may be advanced extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in respect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. 8.10 Upon application, a Union Committee of not more than two (2) employees shall be granted necessary leave of absence with pay for the third step. Step Three – If the matter is not resolved to the satisfaction investigation and presentation of the employee within tencomplaints or grievances.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The 25.1 For the purpose of this procedure is to secure at the lowest possible levelAgreement, mutually satisfactory resolutions to grievances, which may arise during the term “grievance” means any difference between the State and the Union or between the State and any employee with respect to the interpretation, application or violation of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that any of the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” 25.2 There shall mean work be a grievance procedure as follows: (a) A grievance shall be presented by the aggrieved employee and/or by the Union within fifteen (15) working days (Monday through Friday) and shall not include holidays or time when UNMof the employee’s Administrative Offices are closedknowledge of the occurrence of such grievance. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto (b) An aggrieved employee shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her problem with his/her Union representative and his/her immediate supervisor who shall attempt to settle the problems within three (3) working day. (c) If the grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such casesis not resolved according to Section (b) above, the Association it shall be notified, in writing, by reduced to writing and the Employee Relations Representative aggrieved and/or the grievance committee of any settlements reachedthe Union shall meet immediately with the appropriate chief administrative officer. Such officer shall render a decision to the Union and the employee within one (1) working day. J. The Employee Relations Representative (d) If the grievance is not resolved according to Section (c) above, it shall be provided a copy of all grievances submitted to Step One the Labor Relations Administrator, who shall grant an immediate hearing to the aggrieved on or before the Union committee and all subsequent steps shall render a decision in writing to the Union and the employee within five (5) working days. (e) If the grievance is not settled in a manner satisfactory to the aggrieved member, then such grievance may be submitted to arbitration in the manner provided herein. (f) Either Party to this Agreement shall be permitted to call witnesses as part of the grievance procedure. The copy shall State, on request, will produce payroll and other records, as necessary. Members of the Union committee, stewards, the aggrieved employee and employee witnesses who are State employees, will be provided by the initiating partypaid at their regular rate, up to their normal quitting time for time spent in processing grievances. The Employee Relations Representative or designee may be called by either party Union representative will have the right to assist the aggrieved at any step of the grievance procedure procedure. Nothing contained herein deprives an individual employee of the right to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with process his/her lieutenant with a copy grievance without Union representation; the facts of said grievance will be furnished to the Employee Relations Representative within ten Union. (10g) workdays It is also agreed that in all cases of when dismissal, the issue occurred or when aggrieved and/or the employee became aware Union committee may go immediately to Section 25.2(d) of the issuegrievance procedure. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter It is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee further agreed that either may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule submit a grievance meeting with the commander or designee. This meeting should be held within ten (10to each other and proceed immediately to 25.2(e) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenabove.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. ‌ If an employee has any complaint or question, he/she shall first discuss the problem with the Director - Clinical and Environmental Supports or Designate. He/she may be accompanied by his/her ▇▇▇▇▇▇▇ if so requested. No grievance exists until the Director - Clinical and Environmental Supports or Designate has an opportunity to adjust the circumstances surrounding the complaint. An employee having a grievance not settled as a complaint shall, within seven calendar days of the alleged occurrence or circumstance, present same to the ▇▇▇▇▇▇▇ in writing. The purpose ▇▇▇▇▇▇▇ shall present the grievance to the Director - Clinical and Environmental Supports or Designate who will give an answer in writing within seven calendar days from the time of this procedure receipt. If the decision of the Director - Clinical and Environmental Supports or Designate is not acceptable to secure at the lowest possible levelemployee, mutually satisfactory resolutions the grievance may be presented to grievancesthe Chief Executive Officer in writing within seven calendar days following receipt of the response from the Director or Designate. If the decision of the Chief Executive Officer or Designate, which may arise during shall be given in writing within seven calendar days of the term meeting, is not satisfactory to the aggrieved employee, the Union may, by serving written notice within seven calendar days of this Agreement and are subject receipt of the Chief Executive Officer’s or his/her designate’s decision, give notice of its intent to resolution under this Agreement. B. A apply to an Arbitration Board as set out hereunder. Any grievance is defined as not processed from one step to the next within seven calendar days shall be considered settled. Where a charge by either party difference arises between the parties relating to this Agreement that the other has violated one interpretation, application or more expressed provisions administration of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain including a statement question as to whether a matter is arbitrable, either of the grievanceparties may, after exhausting the grievance procedure established by this Agreement, notify the party of its desire to submit the difference or allegation to Arbitration, and the notice shall contain the name of the employee(s)first party’s appointee to the Board. The recipient of the notice shall, within seven calendar days advise the other party of the name of its appointee to the Board. The two appointees so selected shall, within seven calendar days of the appointment of the second of them appoint a third person who shall be Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chair within the time limit, the circumstances appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The parties may mutually agree to the use of a sole arbitrator in place of an Arbitration Board. The Arbitration Board shall hear the difference of allegation and facts shall issue a decision, and the decision shall be final and binding upon which it the parties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is basedno majority, the Section decision of this agreement allegedly violated the Chair shall govern. In the event of a grievance being taken to arbitration the Employer will pay the expenses of its own appointee, the Union will pay the expenses of its appointee and the remedy being sought. E. The term grievance expenses of the Chair of the Board will be equally shared by the Employer and the procedure relevant thereto Union. The Arbitration Board shall not be deemed applicable in the following instances: 1. in matters where a method empowered to modify or review is mandated by law or by amend this agreement, nor to make any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the actdecision inconsistent therewith, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, deal with any grievance determination matter not appealed to the succeeding level within the time limits expressed herein shall be considered as closedcovered by this Agreement. When it is mutually agreed by the partiesagreed, the time limits expressed herein may a sole arbitrator will be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Stepused. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term All differences and disputes arising out of this Agreement and are subject to resolution under shall be resolved in accordance with this Agreementprovision. B. A The aggrieved Employee shall, within ten (10) calendar days after the occ urrence of the alle ged violation, fil e wri tten notice of the al leged violation as a grievance with an officer of the Association and also with the Chief of Police. C. Upon receipt of said grievance, the Chief of Police shall forthwith initiate efforts to resolve the difference or dispute and may mediate and confer with all parties to the grievance. D. If the grievance is defined as not resolved within seven (7) calendar days after receipt by the Chief of Police of said grievance, an officer of the Association may forthwith request a charge conference with the Township Administrator by either party providing written notice to this Agreement that the Township Administrator of the grievance and the efforts undertaken to resolve it. E. Upon receipt of said request, the Township Administrator shall forthwith initiate efforts to resolve the difference or dispute and may arbitrate, mediate and confer with all parties to the grievance. F. If the grievance is not resolved within seven (7) calendar days after receipt by the Township Administrator of the grievance, an officer of the Association may forthwith request a conference with the Township Committee by means of written notice to the Township Clerk of the grievance and the efforts undertaken to resolve it, said conference to be held within fourteen (14) calendar days after receipt of said request. G. If the grievance is not resolved within seven (7) calendar days after Said conference, the Township Committee or the Association may, within fourteen (14) days after said conference, invoke arbitration by (1) notifying the other has violated one party in writing of its intention to arbitrate and of the notice of the grievance, and (2) requesting the New Jersey Public Employment Relations Commission for a list of Arbitrators from which the parties shall select an Arbitrator. H. The Arbitrator shall be limited to the issues presented and shall have no power to add to, subtract from, or more expressed provisions modify any of the terms of this Agreement. C. As used I. The decision of the Arbitrator may be reviewed by a Court of appropriate jurisdiction in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closedthe manner prescribed by law. D. A written grievance must contain a statement J. Any fees or administrative charges for the Arbitrator shall be borne by the parties equally. Witness fees and other expenses shall be borne by the parties respectively. K. Unless extended by mutual agreement in writing, the failure to observe the time limits herein shall constitute abandonment of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto L. An appeal from a disciplinary determination shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative part of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reachedProvision. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may Should any difference arise during the term between either party of this Agreement concerning its interpretation, application, operation or alleged violation thereof an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the following manner: The person or persons affected, shall be accompanied by a Union representative(s) and are subject shall take up the matter directly with the Fire Chief or his designate within thirty-five (35) calendar days of the occurrence. If the alleged grievance is not settled at Step One within five (5) working days, the matter shall be referred in writing to resolution under this Agreementthe Director of Human Resources who shall arrange for meetings with the Union within seven (7) calendar days from receipt of such request. The Director of Human Resources shall respond in writing. If the alleged grievance is not settled at Step Two within seven (7) calendar days the matter shall be referred to the Administrator, or his designate, who shall arrange for meetings with the Union within fourteen (14) calendar days from receipt of such request. The Administrator or his designate shall respond in writing. If no settlement is reached at Step Three within seven (7) calendar days after referral of the grievance then the grievance shall be conclusively settled without stoppage of work by submission to Arbitration within thirty (30) days of receipt of the answer at Step Three. B. A grievance is defined (a) Where a matter has been referred to Arbitration the parties may agree to have the matter heard by a single arbitrator mutually agreed upon by the parties. The jurisdiction of the single arbitrator shall be the same as that of a charge by either Board. (b) Failing agreement on a single arbitrator the matter shall be referred to an Arbitration Board consisting of two members and a Chairman. (c) Each party to this Agreement that shall appoint a member to the other has violated one or more expressed provisions Board within seven (7) days of this Agreementnotification to arbitrate. The Board members shall select a Chairman within seven (7) days of their appointment. If the Board members fail to appoint a Chairman the appointment shall be made by the Minister of Labour of the Province of British Columbia. C. As used in this Article, “days” (d) The Arbitration Board shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of have the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority power to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy dispose of all grievances submitted including discharge and discipline by any arrangement which it deems just and equitable. However, the Board shall not have the power to Step One change this Agreement by adding, deleting, amending, altering, or modifying any of its terms and all subsequent steps conditions. (e) The Board shall deliver its decision in writing to each of the grievance procedure. The copy parties within thirty (30) days giving reasons for the decision and the award of the majority of the Board shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice final and support to the binding on all parties. K. Grievances by (f) Each party will bear the employee or costs and expenses of its appointee to the Association Arbitration Board and shall be presented share equally the cost and expenses of the Chairman. The time limits as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenextended by mutual agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Notwithstanding the grievance procedure, as outlined in Article where a grievance arises out of this procedure is the failure of the Joint Job Evaluation Committee, or the Joint Job Evaluation Committee Referees, to secure at the lowest possible levelresolve matters relating to Job Descriptions or Job Ratings, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement may file a grievance, as provided for in Article except that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance initially filed at Step Three, as provided for in Article (Step and that said Job Evaluation Grievance shall be submitted within ten (10IO) workdays following days of receiving the discovery written decision of the actJoint Job Evaluation Committee Referees or within ten days of the written decision of the Joint Job Evaluation Committee, if the Referee process is not used. M Arbitration Process M Notwithstanding the Arbitration Procedure, as outlined in Article when the Corporation or the Union decides that a grievance, arising out of a job evaluation-related matter involving a job description or job rating, is to be submitted to Arbitration, notification shall be given in writing, to the Party opposite in interest, within (1) calendar month of the written opinions of the Joint Job Evaluation Committee Referees, if such are used, or within one (I)calendar month of the condition which gave rise written decision of the Joint Job Evaluation Committee, if the referee process is not used. Such notification shall be submitted by registered mail, in accordance with Article and shall indicate the name and address of the referring Party’s recommended Arbitrator. The recipient of such notice shall, within ten (IO) working days thereafter, inform the other of the name and address of its recommended Arbitrator, M In selecting the Chairman, it shall be the responsibility of the parties to advise the prospective Chairman that it is the express desire of the parties to the grievanceGrievance that, at a time and place convenient to the Arbitrator, the and the Union, a meeting will constitute forfeiture be convened for the express and singular purpose of fully acquainting the Arbitrator on the specifics of the Joint Job Evaluation Program in effect and governing the Wage and Salary Administration. M Should an Arbitrator be appointed by the office of Arbitration, the provisions as provided for in Article above, shall be transmitted to the Office of Arbitration as a condition of appointment. M An employee shall have the right to filehave access to review his personnel record and make copies of any material contained in his record. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein Such access may be extendedgained by making an appointment with the Human Resources Department. Either Such review and copies will be undertaken and made under the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level scrutiny of the grievance procedure. Should the Association fail to meet with the University within 10 workdays Director or Deputy Director of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitrationHuman Resources. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is Is defined as a charge by difference arising either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain between a statement member of the grievancebargaining unit and the Company or between the parties relating to the interpretation, the name application, administrationor alleged violation of the employee(s), the circumstances and facts upon Agreement. Any grievance which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance presented within ten (10) workdays calendar days following the discovery event giving rise to such grievance, or from the time an employee should reasonably have been aware of the act, or the condition which gave rise to the alleged grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed forfeited by the parties, the time limits expressed herein may be extendedaggrieved party. Either the Association or An employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within complaint shall first bring the time limits expressed herein, the Association may appeal issue verbally to the next level attention of his immediate Supervisor either alone or with his ▇▇▇▇▇▇▇ if he so desires. The Supervisor shall render his decision verbally to the grievance procedure. Should the Association fail to meet within ten (1 calendar days of being presented with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individualcomplaint. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Failing settlement at Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee either alone or the Association with his ▇▇▇▇▇▇▇ shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative submit his grievance in writing within ten (10) workdays of when calendar days to the issue occurred Manager or when his designate. The Base Manager or his designate shall render his decision in writing to the employee became aware Union ▇▇▇▇▇▇▇ within ten calendar days after receipt of the issuegrievance. The parties will attempt to resolve Failing settlement at Step a Business Representative of the grievance by meeting Union may within ten (10) workdays calendar days request a meeting with the Director of the filing of Operations or his designate to discuss the grievance. , The lieutenant will provide the employee Director of Operations or Association Representative a written response his designate shall render his decision within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction calendar days of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following meeting request or the meeting whichever is later. Failing settlement at Step the commander grievance may be submitted to Arbitration within twenty (20) calendar days after the decision has been received at Step The Company will provide recognize a group grievance as one which affects more than one employee with respect to whom the employee or Association Representative a written response issues and facts are substantially the same. A policy grievance may be lodged party in writing at Step of the grievance procedure at any time within ten days of the circumstances rise to the grievance. IfIf such grievance is filed by the Company at Step it shall be presented to the President of the Local Bargaining Unit or designate. is not satisfactorily settled, it may be referred to Arbitration in the opinion same manner and to the same extent as the grievance of an employee. Grievances must be submitted in writing, signed by the employee and shall list: nature of the employee or grievance; the Association Representative a satisfactory settlement is not obtained within provisionsof the ten (10) work days of Collective Agreement to have been violated; the response remedy requested. The time limits outlined in this level, Section be extended by mutual agreement between the employee or Association Representative may advance Company and the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenUnion.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose ‌ (a) Any dispute as defined in the Labour Relations Code with respect to any matter not covered by the terms of this procedure is to secure at the lowest possible levelagreement shall, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are agreement, be subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement Collective Bargaining between the parties hereto, it being understood that the other has violated one or more expressed provisions bargaining representatives of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal meet in the first instance with the Chief Constable. (b) The parties agree to make all reasonable efforts to resolve complaints arising in the next level workplace through discussion with the appropriate supervisor or between the parties at the Labour Management Committee. Such discussions do not constitute a formal part of the grievance procedure. (c) Any differences concerning the interpretation, application, or operation of this agreement, or concerning alleged violation of this agreement, shall be finally and conclusively settled without stoppage of work in the following manner: (i) Step One - The grievance shall be submitted in writing to the appropriate Branch Manager within twenty one (21) calendar days following the occurrence giving rise to the grievance or, within twenty one (21) days from the time the grievor or their agent should reasonably have known of the occurrence. The Branch Manager will arrange for the member, the appropriate manager or supervisor to meet and attempt resolution. The member may be accompanied by an APA representative. (ii) Should the Association fail Branch Manager be unable to meet with settle the University matter within 10 workdays of the filing of twenty one (21) calendar days, the grievance or should the Association fail shall be submitted to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitrationConstable. I. Nothing herein contained shall (iii) Step Two - Should the Chief Constable be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt unable to resolve the grievance by meeting within ten twenty one (1021) workdays days the grievance shall be submitted to the Employer. (iv) Step Three - The Employer and the aggrieved member, the Grievance Committee of the filing Association and/or the Bargaining Representatives of the grievance. The lieutenant will provide the employee or Association Representative a written response shall meet within ten twenty one (1021) workdays from the meeting. If the matter is not resolved to the satisfaction days of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, grievance from the Chief Constable and make every effort to discuss resolve the grievance. (v) Step Four - Should no resolution be reached under paragraph (iv) within twenty one (21) days, and attempt or within such further period as may be agreed upon, the party pursuing the grievance shall notify the other party in writing of: (a) Its intention to submit the matter in dispute to a resolution. Within ten single arbitrator to be agreed upon by both parties; should the other party not agree to submit the dispute to a single arbitrator, each party shall have seven days to name its appointee pursuant to (10b) workdays following below; (b) The name of its appointee to an arbitration board; within seven (7) days thereafter the meeting other party shall indicate the commander will provide the employee or Association Representative a written response name of its appointee to the grievance. If, arbitration board; the two (2) appointees shall then confer to select an impartial chairperson. (vi) If the recipient of the notice to pursue the grievance fails to concur in the opinion appointment of a single arbitrator, or the two (2) appointees fail to agree on a chairperson within seven (7) days of their appointment, the appointment of a single arbitrator or chairman, as the case may be, shall be made by the Minister of Labour of British Columbia. The finding of the employee single arbitrator or arbitration board shall be final and binding on the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced parties to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenCollective Agreement and all other persons bound by it.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose 17.01 Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievancesAgreement, which may arise during concerns the term interpretation or application of this Agreement the terms and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Stepa grievance. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level 17.02 The steps of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained Grievance Procedure shall be considered as limiting follows: Step 1 The employee, with or without the rights of an employee to discuss or process Shop ▇▇▇▇▇▇▇, shall take his/her grievance as an individualup with the Supervisor. The individual will advise Employer shall take up his grievance with the Employee Relations employee concerned who shall have the right to have the Shop ▇▇▇▇▇▇▇ present, or in the absence of a Shop ▇▇▇▇▇▇▇, another bargaining unit employee of his/her choice. Step 2 Should a solution not be reached by Step 1, then a Representative of this decision. In such casesthe Union, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances accompanied by the employee concerned and the Shop ▇▇▇▇▇▇▇, or in the Association absence of a Shop ▇▇▇▇▇▇▇ another bargaining unit employee, if the Union wishes, shall discuss the matter with the Employer. Step 3 The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment. Step 4 The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Minister of Labour. 17.03 Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be presented chosen as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware per Section 112 of the issue. The parties will attempt Code to resolve act in the grievance same capacity and have the same powers as a Board of Arbitration. 17.04 If the Arbitration Board finds that an employee had been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by meeting within ten (10) workdays the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the filing of the grievance. The lieutenant will provide the employee discharge, suspension or Association Representative a written response within ten (10) workdays from the meetingimproper lay-off had not taken place. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, an Arbitration Board finds circumstances which in the opinion of the employee Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages and benefits lost. 17.05 The Board of Arbitration shall not have any jurisdiction or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days authority to alter or change any of the response provisions of this levelAgreement or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regarding the rate of pay for a newly established or altered classification not provided for herein, or a dispute under 22.04 herein, or a dispute under the Welfare Plan. The Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. 17.06 If any disciplinary statement is to be put into an employee's personnel file, a copy of the same will be given to the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may a copy will be advanced supplied to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenUnion and Shop ▇▇▇▇▇▇▇ upon request.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose Any by an employee arisingfrom the interpretation, administration or alleged violation of this procedure is anyquestion as to secure at the lowest possible level, mutually satisfactory resolutions whether shall taken up as follows: Step ve An having a grievance should immediately present in writing to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) his departmental ▇▇▇▇▇▇▇ and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement ha e assistance of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable his departmental ▇▇▇▇▇▇▇ in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the his grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individualif he so desires. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit in a private meeting of such an employee, or in the event an employee who believes that he/she has a grievancedesignates his ▇▇▇▇▇▇▇ to represent him, shall file a written notice with his/her lieutenant an employee's ▇▇▇▇▇▇▇ and his ▇▇▇▇▇▇▇ with a copy view to resolving the to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designeesatisfaction. This meeting should be held will exclude Union and any other Company when the lodges his grievance person- ally. meetingwillexclude the and any other Union or representative when the complaint is lodged by the ▇▇▇▇▇▇▇. Theforeman shall, within ten (10) workdays following three full workingdays or other such mutually agreed time from receipt of the grievance, give an answer in writing, and copies of the answershall be given to discuss the employee presenting the grievance, the Grievance Committee and attempt the Plant Manager or designated representative; If the grievance is settled to the satisfaction of employee concerned, theresolution of the grievanceisdeemed to be made without prejudice and will not have a resolutionprecedent setting effect on the parties who are bound by this Collective Agreement. Within ten (10) workdays following If the meeting grievance is not settled to the commander will provide satisfactionof the employee concerned, it shall be referred to the Plant Manager or Association Representative his designated representative and to the Grievance Committee within working days or other such mutually agreed time from the date of the ▇▇▇▇▇▇▇’▇ reply. The Plant Manager or his designated representative shall hear the grievance in a written response to meeting with the and the Grievance Committee within working days or other such mutually agreed time, from his receipt of the grievance. IfAn answer shall be given to the Grievance Committeein writing within five full working days, other such mutually agreed time, from the date of such meeting; If thegrievanceis not settled to the satisfactionof theemployee concerned, it shall be referred to the President of the Company, or his within working days timefrom of Manager’s (or his designate’s) reply. The President or his designated representative will review the Grievance and an answer shall be given in writing within five full working days, or other such mutually agreed time, to the Grievance Committee; If it is still not settled satisfactorily, it may be referred to arbitration as outlined in Article and the decision of the Board of Arbitration shall be final and binding on both parties; Grievances shall be stated on grievance forms as sup- plied by the Union, and shall be made out in triplicate. is understood and agreed that if a grievance is not lodged orprogressed to the next step in the opinion time frame outlined above, including a mutually agreed date, then the grievance is deemed to be abandoned and not arbitrable. Conversely, if a reply late at any step, including a mutually agreed date, then the succeeds in favour of the grieving It is that the Company may bring forward, at any meeting held with the employees' Grievance Commit- tee, complaint consistent within the provisions of the with respect to the conduct of the Union, its members, or stewards, if such by the Company is not settledto the mutual satisfac- tion the conferring parties, it may treated as a grievance and referred to arbitration in the same way as the grievance of an employee. An pany shall be described as a policy grievance and may be filed by Grievance Committee at the third step of the Grievance which the alleged instance of violation or occurred. Such policy grievance shall state what article (or was (were) allegedly violated. It is agreed that the foregoing shall not be used to the regular Grievance Procedure, if the issue could have the subject of a grievance of an employee. Any grievance which cannot be resolved between the Company and the Union, shall be submittedto arbitration, and arbitrationmustbemadewithinfifteen(15) days of the receipt of the answer under Step of Article or the grievance shall be abandoned. When either requests that a grievance be submittedto arbitration, they make suchrequest in writing, addressed to the otherparty to this Agreement. Within five working days thereafter, the two parties shall select by agreement an Arbitrator. No person may be selected as an Arbitrator who has involvedin an attempt to negotiate or settle the grievance. Theparties willjointly bear the expenses of the Arbitra- The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of the Agreement or to alter, or amend any part of this Agreement. The proceedings of the Arbitration hearing will be expedited by the parties hereto, and the decision of the Arbitra- tor will be final and binding upon the parties hereto. At any stage of the Grievance Procedure, including arbitration, the parties may have the assistance of the employee or employees concerned and any necessary with thepermission of ablearrangementswill to permit the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced have access to the third stepplant to view disputed operations and to confer with the necessary witnesses. Step Three – If the matter is Such permission, how- ever, will not resolved to the satisfaction of the employee within tenbe unreasonably withheld.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at for resolving a grievance follows the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement steps below. Grievances shall be resolved without a work stoppage and are subject to resolution under this Agreementwithout delay. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Step 1 An Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, grievance shall file a written notice informally discuss the grievance with his/her lieutenant with supervisor within thirty (30) calendar days following the occurrence of the subject matter of the grievance, or within thirty (30) calendar days of the Employee having a copy reasonable opportunity to become aware of the occurrence, whichever is later. Every effort shall be made by the Employee and his/her supervisor to informally settle the grievance through forthright discussion. The Employee, upon request, has the right to have a ▇▇▇▇▇▇▇ involved in the discussion. A decision shall be rendered by the Employer to the Employee Relations Representative and to the ▇▇▇▇▇▇▇, if involved in the discussion, within ten (10) workdays business days of the initial discussion. Step 1 shall not apply to group, Union or policy grievances initiated by the Parties to this Agreement. These grievances shall commence at Step 3 and must be submitted in writing on the proper form by one Party to the other Party within thirty (30) calendar days of the occurrence of the subject matter of the grievance, or within thirty (30) calendar days of when the issue occurred or when the employee became either Party has had a reasonable opportunity to become aware of the issue. The parties will attempt to resolve occurrence, whichever is the later. Step 2 If no informal settlement is reached, the grievance shall be written on the proper form and presented by meeting a ▇▇▇▇▇▇▇ to the Director of the program area, or his/her designate within ten (10) workdays of business days. The form shall record the filing nature of the grievance, the date and circumstances from which it arose, and the remedy requested. The lieutenant Director of the program area or his/her designate will provide then investigate the employee or Association Representative grievance and render a written response decision to the Union within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction business days of receipt of the employee grievance. Step 3 If no settlement is reached, a meeting/teleconference shall be convened between the grievor, the ▇▇▇▇▇▇▇, and the Director, Human Resources or his/her designate within ten (10) workdays business days after the response from the Director of the response, program area or his/her designate. A CIEA Representative may attend or monitor the employee may file a meeting/teleconference when requested. A written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy decision shall be rendered to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held Union within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenbusiness days.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose (a) Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievancesAgreement, which may arise during concerns the term interpretation or application of this Agreement the terms and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain be considered a statement of the grievance. Any employee, the name of Union or the employee(s), Employer may present a grievance. Any grievance which is not presented within thirty (30) days following the circumstances event giving rise to such grievance shall be forfeited and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto waived. This provision shall not be deemed applicable in used to deny any employee his or her rights under the following instancesProvincial Labour Statutes. (b) The Steps of the Grievance Procedure shall be as follows: 1. in matters where a method STEP I The employee, with or review is mandated by law or by any rulewithout the Shop ▇▇▇▇▇▇▇, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process take his/her grievance as an individualup with the ▇▇▇▇▇▇▇ or Supervisor. The individual will advise Employer shall take up his/her grievance with the Employee Relations employee concerned who shall have the right to have the Shop ▇▇▇▇▇▇▇ present. STEP II Should a solution not be reached by Step I, then a Representative of the Union, accompanied by the employee and the Shop ▇▇▇▇▇▇▇ if the Union wishes, shall discuss the matter with Management. STEP III The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment. STEP IV The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Minister of Labour. (c) Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. (d) If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his/her rights, benefits and privileges which he/she would have enjoyed if the discharge, suspension or improper layoff had not taken place. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this decision. In such casesAgreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under 24 (b) herein, or a dispute under the Welfare Plan, the Association Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. (e) Any discharged or suspended employee, within seventy-two (72) hours of his/her discharge or suspension, shall be notifiedgiven by the Employer, in writing, by the Employee Relations Representative reasons for his/her discharge or suspension, with a copy to be sent to the Union. In the event of any settlements reacheddispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays. J. (f) The Employee Relations Representative Employer agrees that if any grievance proceeds to Arbitration and the Arbitration Board finds in favour of the Union or any employee, the Employer shall pay for all time lost by any employee as a result of such employee being called on to appear as a witness. (g) If any statement is to be provided put into an employee's personnel file, a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall same will be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support given to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative Union within ten thirty (1030) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced event giving rise to the third stepstatement, otherwise it shall be null and void. Step Three – If In any case one (1) year from the matter is not resolved to date of occurrence such statement shall be deleted from the satisfaction of the employee within tenemployee's file.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of All grievances or appeals arising under this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure processed and resolved pursuant to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure of the Authority, which procedure shall provide for participation of the HBA in the grievance process. This griev- ance procedure shall be posted in the Authority’s Office. [39 FR 10966, Mar. 22, 1974. Redesignated at 49 FR 15580, Apr. 7, 1975. Redesignated at 49 FR 6714, Feb. 23, 1984, and amended at 49 FR 21490, May 21, 1984] Appendix III to provide advice Subpart B of Part 904—Certification of Homebuyer Status (Subpart B) State of lllll County of lllll This is to certify that ——————————— (Homebuyer) of the Home located at lllllll: (1) Has achieved, within the first two years of his occupancy a balance in his Earned Home Payments Account (EHPA) of at least lllll dollars (representing 20 times the amount of the monthly EHPA credit applica- ble to said Home); (2) Has met and support is continuing to meet the requirements of his Homebuyers Ownership Opportunity Agreement; and (3) Has rendered and is continuing to render satisfactory performance of his re- sponsibilities to the parties. K. Grievances Homebuyers Associa- tion. Accordingly, said Homebuyer may, upon payment of the purchase price, exercise the option to purchase the Home in accordance with and subject to the provisions of his Homebuyers Ownership Opportunity Agree- ment. Housing Authority lllllllllllll By llllllllllllllllllllll (Signature and official title) (Date) llllllllll Homebuyers Association llllllllll By llllllllllllllllllllll (Signature and official title) (Date) llllllllll Appendix IV to Subpart B of Part 904—Promissory Note for Pay- ment upon Resale by Homebuyer at Profit (Homeowner) promises to pay to llllll (Authority) or order, the principal sum of llllllllll 1 Dollars ($llll), with- out interest, on the date of resale by the employee or Homeowner of the Association property conveyed by the Authority to the Homeowner. Such principal sum shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware reduced auto- matically by 20 percent of the issue. The parties will attempt initial amount at the end of each year of such residency, as a Homeowner, and this note shall terminate at the end of five years of such residency, as determined by the Authority; Provided, how- ever, that the amount payable under this note shall in no event be more than the net profit on the resale, that is, the amount by which the resale price exceeds the sum of (1) the Homeowner’s purchase price, (2) the costs incidental to resolve his acquisition of owner- ship, (3) the grievance by meeting within ten (10) workdays costs of the filing resale, including commissions and mortgage prepayment pen- alties, if any, and (4) the increase in value of the grievance. The lieutenant will provide Home, determined by appraisal, due to improvements paid for by the employee Homeowner whether as a Homebuyer (with funds from sources other than his Earned Home Pay- ments Account or Association Representative his Nonroutine Mainte- ▇▇▇▇▇ Reserve) or as a written response within ten (10) workdays from the meetingHomeowner. If the matter is not resolved to Homeowner shall pay this note at the satisfaction of time and in the employee within ten (10) workdays of the responsemanner set forth above, or if, by its provisions, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with amount of this note shall be zero, then the commander with a copy to note shall termi- nate and the Employee Relations Representative. At the time of personal serviceAuthority shall, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenthirty

Appears in 1 contract

Sources: Homeownership Counseling and Training

GRIEVANCE PROCEDURE. A. The purpose of this procedure is 12.01 In the event that either the Employer, Trade Division, or the Union wish to secure at process a grievance covering the lowest possible levelinterpretation, mutually satisfactory resolutions to grievancesapplication, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one operation, or more expressed provisions an alleged violation of this Agreement, such grievance shall be reduced to writing and shall be submitted by the one party to the other within twenty (20) days of the event giving rise to the grievance and proceed to step (d) below. C. As used (a) An aggrieved party shall within fifteen (15) days of the alleged violation submit his complaint in this Articlewriting to the ▇▇▇▇▇▇▇ (or where no ▇▇▇▇▇▇▇ is present, the Business Representative of the Union) who shall endeavor to settle the complaint between the employee and his immediate supervisor. (b) If the complaint is not settled within two (2) days” shall mean work , (excluding Saturdays, Sundays, and holidays) it may be referred to the Project Superintendent and an official representative of the Union. (c) If the complaint is not then settled within three (3) days (Monday through Fridayexcluding Saturdays, Sundays and holidays) it shall be referred to the Management of the Employer involved and the Business Agent of the Union. Pre-Arbitration Process (i) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall not include holidays or time when UNM’s Administrative Offices are closedbe referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. D. A written grievance must contain (ii) In the event a statement party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (iii) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the name grievance. No representative of/spokesman for the Union or for the subject Registered Employers’ Organization shall be appointed. (iv) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the employee(sdate the hearing was held. (v) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the circumstances recommendation. (vi) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and facts upon which the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (vii) In the event either Party determines that it is basednot prepared to accept the recommendation of the JGP, either Party may then refer the Section matter to Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of this agreement allegedly violated and receipt of the remedy being soughtJGP recommendations. E. The term grievance and the procedure relevant thereto (viii) No lawyers shall not be deemed applicable permitted to participate in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to actJGP proceedings. F. Grievances submitted on behalf of (d) If the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance complaint is not settled within ten (10) workdays following the discovery days (excluding Saturdays, Sundays and holidays) it shall be referred to an Arbitration Board; by mutual consent of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the parties this time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein limit may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step.The Arbitration Board shall be comprised of one H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level (1) member appointed by each of the grievance procedureparties and a neutral chairman appointed by the members. Should Each party shall bear the Association fail to meet with expense of their appointee and the University within 10 workdays expense of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained chairman shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, shared equally by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has (e) If either party fails to appoint a grievance, shall file a written notice with his/her lieutenant with a copy member to the Employee Relations Representative Arbitration Board within ten (10) workdays of when days, or if the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting appointed members cannot agree on a neutral chairman within ten fourteen (1014) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this levelappointment of the second member, such appointments shall be made in accordance with the employee or Association Representative may advance Labour Relations Code. (f) The Arbitration Board shall be vested with the grievance authority to Step Threedecide whether any matter referred to it is arbitrable. On grievances other than suspensions and terminations this is It shall make its decision within fourteen (14) days of the last step prior to arbitration. Only suspensions and terminations appointment of the Chairman. (g) By mutual consent of the parties the foregoing time limits may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenextended.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible levelAn Employee who believes he has been unjustly disciplined, mutually satisfactory resolutions to grievances, which may arise during the term or that any provision of this Agreement has not been properly applied or interpreted, or against whom the Authority has brought charges shall present his grievance in writing, in accordance with the currently existing administrative grievance procedure. Suspensions of less than three (3) days and are subject any lesser discipline will not proceed to resolution under this Agreement. B. A arbitration. Any other grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement decision of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not Executive Director or his designee or agent may be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated appealed through an arbitration conducted by the Chief or designee by filing American Arbitration Association ("AAA") in accordance with its Employment Dispute Resolution Rules. If the grievance with Union desires to proceed to arbitration it must inform the Association President or designee within 10 workdays Authority in writing of when the issue occurred or UNM became aware of the issue. G. Failure its decision to submit a grievance seek arbitration within ten (10) workdays following the discovery calendar days of the actdecision of the Executive Director or his designee or agent regarding the grievance. The Union and the Authority will then notify, within ten (10) calendar days, the AAA to commence the arbitration process. Each party shall bear all costs of preparing and presenting its own case. Either party desiring a record of the proceedings shall pay for the record and the stenographic services. Inthe event that both parties agree to have stenographic services at the hearing, said parties they shall share equally the cost of said service and transcripts. The cost of the arbitrator shall be equally divided among the parties. Unless otherwise mutually agreed in advance, the submission to the arbitrator shall be based on the original written grievance submitted in the Grievance Procedure. The arbitrator shall consider and decide only on the specific grievance issue(s) submitted to him/her in writing by the Authority and the Union and shall have no authority to consider or rule upon any other matter in this Agreement unless the parties otherwise mutually agree in writing. The power and authority of the arbitrator shall be strictly limited to determination and interpretation of the explicit terms of this Agreement, as set forth in this article. The arbitrator shall not have the authority to add to, subtract from, or the condition which gave rise modify any of said terms or to limit or impair any right that is reserved to the grievanceAuthority or the Union. No decision of any arbitrator in anyone case shall create a basis for retroactive treatment in any other case. No disciplinary action or any action by the Authority will be suspended or delayed during the grievance or arbitration period. The Authority, will constitute forfeiture of the right Union, and the Employees recognize that it is their desire to fileresolve disputes and grievances informally whenever possible, and the parties agree to initiate informal contact when practicable to resolve such disputes and grievances. Furthermore, any A matter otherwise constituting a grievance determination not appealed to the succeeding level presented within the time limits expressed herein and in compliance with this Article shall be considered as closedconclusively barred on the merits following expiration of the prescribed time limit. When it A grievance which is mutually agreed by for any reason not advanced through the parties, steps of the time limits expressed herein may be extended. Either the Association existing grievance policy or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance arbitration within the time limits expressed hereinprescribed for such advancement, shall be similarly barred. Similarly, if the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail Authority fails to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at timely during any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association process, it shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of forfeit its position on the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose It is the intent of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party parties to this Agreement that the other has violated one or more expressed provisions grievance procedure set forth herein shall serve as a means for a peaceful settlement of disputes that may arise between them as to the application and interpretation of this Agreement. C. As used in this ArticleAgreement or other conditions of employment. In order to be a proper matter for the grievance procedure, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written the grievance must contain a statement of be presented to the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance Employer within ten (10) workdays following the discovery working days of the actits occurrence. The Employer will answer, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermorein writing, any grievance determination not appealed presented to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notifiedit, in writing, by the Employee Relations Representative Union. "Working days" for purposes of any settlements reachedthis article shall be Monday through Friday, excluding Saturday, Sunday and holidays. J. The Employee Relations Representative STEP 1. Any employee having a grievance shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support present it to the parties.Employer as follows: K. Grievances by the (a) If an employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that feels he/she has a grievance, he/she shall file a written notice discuss the grievance with his/her lieutenant the ▇▇▇▇▇▇▇. (b) The ▇▇▇▇▇▇▇ may discuss the grievance with a copy to the Employee Relations Representative immediate supervisor. (c) If the matter is thereby not disposed of, it will be submitted, within ten (10) workdays working days of when its occurrence, in written form by the issue occurred or when ▇▇▇▇▇▇▇ to the employee became aware grievant's Department Head. Upon receipt of the issue. grievance the Department Head shall sign and date the ▇▇▇▇▇▇▇'▇ copy of the grievance. (d) The parties will attempt Department Head shall give his/her answer to resolve the grievance by meeting ▇▇▇▇▇▇▇ and the Employee within ten (10) workdays working days of the filing receipt of the grievance. (e) Prior to submission of the grievance at the City Manager's level, the grievant shall elect whether he/she desires to proceed under the Civil Service Rules and Regulations or to arbitration, under the terms and conditions of the grievance procedure. STEP 2. The lieutenant will provide If the employee grievance remains unsettled, it shall be presented by the Chairman of the Union, in writing, to the City Manager or Association Representative a written response his designate within ten (10) workdays from working days after the meetingresponse of Step 1 is due. If The City Manager or his designate shall sign and date the matter is not resolved chapter chairperson's copy. As soon as possible thereafter, if requested by either party, but in any event no later than ten (10) working days, the City Manager or his designate shall schedule a meeting with the Union to discuss and attempt to resolve the grievance. The City Manager or his designate shall respond in writing to the satisfaction Chairman of the employee Union within ten (10) workdays working days of the responsemeeting. (a) If the answer at STEP 2 is not satisfactory, and the Union wishes to carry it further, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with Chairman of the commander with a copy Union shall refer the matter to the Employee Relations Representative. At Service Employees International Union, Local 517M. (b) In the time event the Employees of personal servicethe Service Employees International Union, Local 517M wishes to carry the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held matter further, it shall, within ten (10) workdays following working days from receipt of the grievanceEmployer's answer at Step 2, serve notice of intent to discuss arbitrate on the grievanceCity Manager or his/her designated representative. The parties shall attempt to mutually select an arbitrator. If the parties are unable to mutually select an arbitrator, the Union shall request a panel from the Federal Mediation and attempt a resolutionConciliation Service in accordance with its rules and procedures. (c) The arbitration proceedings shall be conducted in accordance with the Federal Mediation and Conciliation Service Rules and Regulations. (d) There shall be no appeal from any arbitrator's decision. Within ten (10) workdays following Each such decision shall be final and binding on the meeting the commander will provide the employee or Association Representative a written response to the grievance. IfUnion, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this levelits members, the employee or Association Representative may advance employees involved, and the Employer. The arbitrator shall make a judgment based on the express terms of this Agreement, and shall have no authority to add to or subtract from any of the terms of this Agreement. The expenses for the arbitrator shall be shared equally between the Employer and the Union except as follows: 1. If the Union requests arbitration and then cancels or withdraws the grievance, the Union shall pay the full costs and expenses of the arbitrator; 2. If the Union requests arbitration and the City grants the grievance, the City shall pay the full costs and expenses of the arbitrator; and 3. If the Union requests arbitration and the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If resolved or the matter is arbitrated, the costs and expenses shall be shared equally between the Employer and the Union. (e) Any grievance not resolved to answered within the satisfaction time limits by the Employer shall be deemed settled on the basis of the employee Union's original demand. (f) Any grievance not appealed by the Union within tenthe time limits shall be deemed settled on the basis of the Employer's last answer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose A grievance shall be limited to alleged violations of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term provisions of this Agreement by the Employer. A. All grievances shall be placed in writing and are subject submitted within five (5) working days of the alleged grievance to resolution under the employee's immediate supervisor, the time period can be extended with the agreement of the Superintendent or designee. The grievance shall name and be signed by the employee(s) involved. It shall contain a statement of facts upon which the grievance is based, a reference to the Article and Sections of the Agreement which have been allegedly violated and shall state the relief requested. B. The immediate supervisor shall respond to the grievance filed within five (5) working days. If the employee is not satisfied with the disposition of the grievance, he may appeal within five (5) working days to the Superintendent of Schools or his designee, who shall meet with the employee and/or the Union within five (5) working days. Article XI - Grievance Procedure (Continued)‌‌ C. If the Superintendent, or his designee, is unable to resolve the grievance within fifteen (15) days after the date on which the grievance was submitted to the Superintendent, or his designee, the grievance may be appealed to arbitration, provided a written notice of submission to arbitration is received by the Superintendent's office within five (5) days after the Superintendent's answer. The Union's submission shall contain a written statement of the issues to be arbitrated and references to the specific Article and Section allegedly violated, and shall be signed by the Chief ▇▇▇▇▇▇▇ and the employee involved. If the parties do not mutually select an arbitrator, the Union shall file, within sixty (60) calendar days after the Superintendent, or designee's answer, a Demand for Arbitration with the American Arbitration Association. The arbitrator shall be selected in accordance with the rules of the American Arbitration Association governing labor disputes. The President and/or the grievance panel of the local Union shall have the right to determine whether or not the grievance is qualified to be submitted for arbitration by the Union. D. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement, or substitute his judgment for that of the parties. Any decision rendered by the arbitrator shall be binding upon the parties in this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term number of days provided for the presentation and processing grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any each step of the grievance procedure to provide advice establishes the maximum time limits and support to any grievance not presented within the parties. K. Grievances time limits provided at each respective step of the grievance procedure shall be deemed withdrawn; provided, however, the time limits set forth herein may be extended by mutual agreement between the Board, or its representatives, and the aggrieved employee or the Association Union. F. If a grievance affects a group of employees or the bargaining unit as a whole, the Union may submit such grievance in writing to the Superintendent directly, and the processing of such grievance shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance commenced at Step Two. Step Two – B. G. The written grievance is filed with cost of acquiring any arbitrators (excluding attorneys for the commander with a copy to respective parties) shall be paid by the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenparties on an equal basis.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Section 1 Should any difference or dispute arise involving the interpretation or application of this procedure is to secure at any of the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term terms or provisions of this Agreement and are subject to resolution under this Agreement.or the discipline or discharge of any employee covered hereby, it shall be settled in the following manner: B. A grievance is defined as (1) The aggrieved party or his Union representative shall give a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Articleclear, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, grievance to the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method Superintendent or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance his designated representative within ten (10) workdays following days from the discovery date of the actoccurrence causing such grievance. In cases of discharge, or the condition which gave rise to the grievance, will constitute forfeiture grievance must be filed within five (5) days of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level date of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individualdischarge. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association Superintendent shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a make his written notice with his/her lieutenant with a copy to the Employee Relations Representative decision within ten (10) workdays of when the issue occurred or when days after such grievance has been so presented, the employee became aware affected, if any, may present such grievance with the Shop Stew▇▇▇. (2) If the Superintendent's decision is not satisfactory, appeal therefrom may be taken to the Regional Manager of the issue. The parties will attempt to resolve the grievance by meeting Maintenance, provided written Notice of Appeal is given within ten (10) workdays working days of the filing date of the grievanceSuperintendent's decision; otherwise, the latter decision shall be final. The lieutenant will provide If such appeal is taken, the employee Regional Manager of Maintenance or Association Representative a his designated representative shall render his written response decision within ten (10) workdays from working days after the meeting. appeal is presented to him. Section 2 If the matter is foregoing grievance procedure does not resolved result in the satisfactory disposition of the grievance, it may be submitted to arbitration for settlement in accordance with the following procedure: (1) Notice of Arbitrate shall be given, in writing, to the satisfaction Industrial Relations Department of the employee Company within ten (10) workdays working days of the responsedate of the decision of the Regional Manager of Maintenance or his designated representative; otherwise, the employee may file a written grievance at Step Two. Step Two – The written grievance latter decision shall be final. (2) If such notice is filed with the commander with a copy to the Employee Relations Representative. At the time of personal servicegiven, the employee or Association Representative Union shall schedule a grievance meeting with appoint an Arbitrator and the commander or designee. This meeting should be held Company shall appoint an Arbitrator, within ten (10) workdays following receipt of working days after the grievance, Notice to discuss Arbitrate is received by the grievance, and attempt a resolutionCompany. Within The two Arbitrators so appointed shall meet within ten (10) workdays following working days for the meeting the commander will provide the employee or Association Representative a written response purpose of attempting to decide the grievance. If, in the opinion of the employee or the Association Representative Should they fail to agree upon a satisfactory settlement is not obtained decision and upon a mutually acceptable third Arbitrator within the ten (10) work days of the response this levelworking days, the employee or Association Representative may advance party involving Arbitration shall request the grievance Federal Mediation and Conciliation Service to Step Three. On grievances other than suspensions and terminations this is the last step prior nominate five (5) persons to arbitration. Only suspensions and terminations may be advanced to serve as the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenArbitrator.

Appears in 1 contract

Sources: Memorandum of Agreement (Greyhound Lines Inc)

GRIEVANCE PROCEDURE. A. 34.01 The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party parties to this Agreement that recognize the other has violated one Stewards and the CLAC Representatives as the agents through which employees shall process their grievance. 34.02 A grievance under this Agreement shall be defined as any difference or more expressed provisions dispute between the Employer, the Union, and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. C. As used in this Article, “days” 34.03 All complaints and grievances shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable taken up in the following instancesmanner: 1. in matters where Step 1 An employee having a method question or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority complaint shall refer it to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance his immediate supervisor within ten (10) workdays following the discovery calendar days of the act, or the condition which gave rise actual occurrence leading to the grievance, will constitute forfeiture of the right to filequestion or complaint. Furthermore, any grievance determination not appealed The supervisor shall reply to the succeeding level employee, giving the answer to the complaint or question within five (5) calendar days from date of submission. Step 2 If the time limits expressed herein grievance is not settled under Step 1, then within five (5) calendar days after the decision is given in Step 1, a written grievance shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal submitted to the next level General Manager. A meeting will then be held between the General Manager or her designated representative and the employee. It is understood that at such meeting the General Manager or her designated representative may have such counsel and assistance as she may desire, and that the employee may have her ▇▇▇▇▇▇▇ and that a CLAC Union Representative may also be present at the request of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association Employer. The decision of the General Manager or her designated representative shall be presented given in writing within five (5) calendar days following the meeting. Step 3 Should the General Manager fail to render her decision as outlined below: required in Step One – A bargaining unit employee who believes that he/she has 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a grievancematter is arbitrable, shall file a the grievance may be referred to arbitration by either the Employer or the Union. If no written notice with his/her lieutenant with a copy to the Employee Relations Representative request for arbitration is received within ten (10) workdays of when calendar days after the issue occurred decision under Step 2 is given, or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten fifteen (1015) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays calendar days following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion under Step 2 of the employee or grievance procedure the Association Representative grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a satisfactory settlement is not obtained within the ten (10) work days further grievance. 34.04 Any of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations time allowances above may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction extended by mutual agreement of the employee within tenparties. 34.05 A grievance must contain a short statement of the complaint or grievance and a brief statement of the relief sought.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure Section 1. Only matters involving the question whether the Municipal Employer is to secure at complying with the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term express provisions of this Agreement and are subject to resolution shall constitute grievances under this AgreementArticle. B. A Section 2. Grievances shall be processed as follows: Step 1. The Union representative, with or without the aggrieved employee, shall present the grievance orally to the employee's immediate supervisor outside of the bargaining unit, who shall attempt to adjust the grievance informally. Step 2. If the grievance is defined as not settled at Step 1, it shall be presented in writing to the appointing authority or his/her delegate in the Department. The appointing authority or his/her delegate shall schedule a charge by either party to this Agreement that hearing on the other has violated one or more expressed provisions of this Agreementgrievance within three (3) working days after he/she receives it and shall issue his/her written answer thereto within three (3) working days after the hearing. C. As used in this Article, “Step 3. If the grievance is not resolved at Step 2 within six (6) working days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name grievance may be submitted to the City's Office of the employee(s), the circumstances and facts upon Labor Relations which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where schedule a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance hearing within ten (10) workdays following working days after it receives the discovery grievance. Conducting the hearing shall be one or more of the act, or the condition which gave rise to the grievance, will constitute forfeiture staff of the right Office of Labor Relations. In addition, the City's committee to filehear grievances may include such other persons as the Office of Labor Relations may from time to time designate. Step 4. FurthermoreIf the grievance is not resolved at Step 3 within fifteen (15) working days, any the Union, and only the Union, may submit the grievance determination not appealed to the succeeding level within the time limits expressed herein arbitration. The arbitrator shall be considered as closedselected by the mutual agreement of the parties. When it is mutually agreed If the parties fail to agree on a selection in the first instance, the American Arbitration Association shall be requested to provide a panel of arbitrators from which a selection shall be made. Expenses for arbitrator's services shall be shared equally by the parties, . The parties agree in principle to use the time limits expressed herein may be extended. Either expedited arbitration procedure of the American Arbitration Association or employee who has entered grievances on their own behalf, may drop them at any Stepwhenever feasible. H. Should UNM fail Section 3. Written submissions of grievances at Step 2 shall be in not less than triplicate, on forms to respond to be agreed upon jointly, and shall be signed by the representative of the Union filing the grievances. If a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party is adjusted at any step of the grievance procedure, the adjustment shall be noted on the grievance form and shall be signed by the Municipal Employer's representative and the Union representative reaching the adjustment. At any step of the grievance procedure to provide advice where no adjustment is reached, the grievance form shall bear a notation that the grievance is unsettled, shall be signed by the Municipal Employer's representative and support the Union representative then handling the grievance, and shall be referred to the partiesnext step in the grievance procedure as provided herein. K. Grievances by the employee or the Association Section 4. A grievance shall be deemed waived if: (a) not presented as outlined below: in writing at Step One – A bargaining unit employee who believes that he/she has 2 within ten (10) working days of the occurrence, or failure of occurrence, whichever may be the case, of the incident upon which the grievance is based; (b) not presented at Step 3 within ten (10) days after presentation at Step 2; (c) not submitted to arbitration within forty-five (45) days after presentation at Step 3. (See Step 4, Section 2 of this Article.) "Submission to arbitration" means a grievanceletter to American Arbitration Association, shall file a written notice with his/her lieutenant postage prepaid, postmarked within the 45-day period, with a copy to the Employee Relations Representative within ten (10) workdays Office of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenLabor Relations.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances ▇. ▇▇▇▇▇▇▇▇▇▇ submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed mutuallyagreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. ▇. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances ▇. ▇▇▇▇▇▇▇▇▇▇ by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose A “Grievance” shall be defined to be a dispute arising out of this procedure is to secure at the lowest possible levelalleged improper interpretation or application of, mutually satisfactory resolutions to grievancesor the alleged failure of compliance with, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions provision of this Agreement. C. As used in this Article, “days” shall mean work Section 22.2 Within five (5) school days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the act or omission giving rise to the grievance and without the necessity of the grievant filing a written grievance, the name of the employee(s)grievant shall deliver a written request for a conference to his or her immediate administrative supervisor and, the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following school days after the discovery date such immediate administrative supervisor received such written request, a conference must be held between the grievant, a Union representative, the grievant’s immediate administrative supervisor and all other persons, if any, directly involved in the grievance. At such conference, the parties shall attempt to reach a mutually acceptable solution or disposition of the act, grievance. Section 22.3 If the grievance is not solved or disposed of at the condition which gave rise to conference required under the grievance, will constitute forfeiture provisions of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties22.2, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalfgrievant, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays school days shall file a written statement of when his or her grievance with the issue occurred or when the employee became aware grievant’s immediate administrative supervisor and shall file a copy thereof with each of the issue. The parties will Chairman of the Union’s Grievance Committee, the Union’s representative, if any, who was present at the conference and the Superintendent of Schools. Section 22.4 Upon the filing of a written grievance as provided for in Section 22.3, the following procedure shall be followed: a. Within five (5) school days, the grievant’s immediate administrative supervisor shall file a written reply to the grievance with the Chairman of the Union’s Grievance Committee and shall file a copy thereof with each of the Superintendent of Schools, the Union’s representative, if any, who was present at the conference and the grievant; b. Within the next five (5) school days, the Chairman of the Union’s Grievance Committee (or his designee) and the Board’s Administrative Assistant/Personnel (or his designee) shall meet and attempt to resolve or dispose of the dispute. The Administrative Assistant/Personnel shall answer the grievance in writing within fifteen (15) school days of this meeting, unless the time is extended by meeting mutual agreement. c. If the dispute is not so disposed of, then within ten the next fifteen (1015) workdays school days, the President of the filing Union (or his designee) and the Superintendent of Schools (or his designee) shall meet and attempt to resolve or dispose of the grievancedispute. The lieutenant will provide the employee or Association Representative a written response Superintendent shall answer in writing within ten fifteen (1015) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work school days of the response meeting unless the time is extended by mutual agreement. If this levelfails to satisfy settlement in writing, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations matter may be advanced to the third step22.5, arbitration, within thirty (30) calendar days. Step Three – Upon request of either party an extension may be granted. Section 22.5 If the matter dispute is not resolved solved or disposed of as provided in Section 22.4, the following procedure shall be followed: a. The matter shall be appealed to an impartial arbitrator appointed by mutual agreement of the parties hereto. In the event the parties shall fail to agree upon an arbitrator, the American Arbitration Association shall be requested to submit a list of five (5) names of arbitrators and from this list one (1) shall be mutually selected and agreed upon by the parties. The Union and the School District shall equally bear the expenses and salary of the arbitrator. b. The arbitrator shall meet; shall consider the grievance; shall hear such oral, and receive such written evidence, as may be required; and as soon as possible after such may render a written decision thereon. c. The arbitrator to whom any grievance shall be submitted in accordance with the provisions of the Article shall, insofar as may be necessary for the determination of such grievance, have authority to interpret and apply the provisions of the Agreement but such arbitrator shall not have the authority to alter, or add to or subtract from, in any way, the terms and conditions of this Agreement. The arbitrator’s decision shall not be in violation of, inconsistent with or in conflict with any statute or statutes heretofore or hereafter enacted by the General Assembly of Illinois. d. The decision of the arbitrator shall be final and binding upon the Board and the Union (except as provided in the (Illinois) Uniform Arbitration Act of 1961, as amended). Section 22.6 Notwithstanding any of the foregoing provisions, in the event a grievance applies to the satisfaction of Union itself or to two or more employees, the employee within tengrievance procedure shall commence as provided for in Section 22.3 and the conference provided for in Section 22.2 shall not be required.

Appears in 1 contract

Sources: Working Agreement

GRIEVANCE PROCEDURE. A. The purpose of this SECTION 1. There shall be a grievance procedure is available to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreementthose employees who have completed their probationary period. B. A grievance is defined SECTION 2. As used in this Section, the word "grievance" shall be construed as meaning a charge complaint by either party to this Agreement the Union or by an employee that there has been a violation, misinterpretation or misapplication of the other has violated one or more expressed provisions terms of this Agreement. C. As used SECTION 3. Should any difference or dispute arise between an employee or employees and a supervisor or the City, an ▇▇▇▇▇▇▇ effo1i shall be made to settle such difference or dispute immediately, as follows: grievance, in this Articlew1iting, “days” to the Police Chief or their designee no later than the fifteenth (1511 ) day. The Police Chief or their designee shall mean work then submit a written response within seven (7) days (Monday through Friday) of receipt of the written grievance, a copy of which shall be sent to the grievant and shall not include holidays or time when UNM’s Administrative Offices are closedto the Association. D. A written (a) In the event that the grievance must contain a statement of the grievanceremains unresolved, the name of Association shall notify the employee(s)Mayor, in writing, that it intends to submit the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1to arbitration. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department Such notice shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance served within ten (10) workdays following the discovery calendar days exclusive of Saturdays, Sundays or holidays after receipt of the act, Mayor's decision or the condition which gave rise to the grievanceexpiration time fixed for such decision, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it whichever is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Steplater. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of (b) Upon the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such casesnotice, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted Patties will attempt to Step One and all subsequent steps of the grievance procedureagree on an arbitrator. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative If no agreement is reached within ten (10) workdays calendar days exclusive of when Saturdays, Sundays or holidays of such notice, the issue occurred or when Association must file for arbitration under the employee became aware rules of the issueAmerican Arbitration Association, unless the Parties have agreed to use the services of the Massachusetts Board of Conciliation and Arbitration. (c) The award of the arbitrator shall be in writing and shall state their findings of facts, reasoning and conclusion. The parties will attempt award shall be final and binding upon the Association, the City and the grievant; provided, however, that nothing contained therein shall be construed as prohibiting either Party from res01ting to resolve the grievance by meeting within ten (10) workdays court relief from, or to enforce rights under any arbitration award. The expense of the filing arbitrator shall be borne equally by the Parties. (d) The arbitrator shall be without power or authority to make any award, the terms of which are not pe1mitted directly or indirectly by law, charter or ordinance, or which are in conflict with the express provisions of this Agreement or any rules or regulations of the grievance. The lieutenant will provide the employee Greenfield Communications Department or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenany Retirement Board established by law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose (a) Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this procedure Agreement, shall be considered a grievance. An employee, the Union or the Employer may present a grievance. Every effort shall be made to present any grievance within five (5) working days following the event giving rise to such grievance. This provision shall not be used to deny any employee his or her rights under the Provincial Labour Statutes. (b) The Steps of the Grievance Procedure shall be as follows: STEP I The employee, with or without the Shop ▇▇▇▇▇▇▇ shall take his grievance up with the ▇▇▇▇▇▇▇ or Supervisor. The Employer shall take up his grievance with the employee concerned who shall have the right to have the Shop ▇▇▇▇▇▇▇ present should he so choose. STEP II Should a solution not be reached by Step I within one (1) working day, then the employee accompanied by the Shop ▇▇▇▇▇▇▇, if the Union wishes, shall discuss the matter with the Plant Superintendent. STEP III If no solution is reached at Step II within two (2) working days, the Union shall commit the Grievance to secure writing - The Grievor accompanied by a Shop ▇▇▇▇▇▇▇ shall discuss the matter with the Plant Manager or his designate. The Plant Manager or his designate shall answer the Grievance in writing in two (2) working days. STEP IV If no solution is reached in Step III within two (2) working days a representative of the Union accompanied by the Grievor and the Shop ▇▇▇▇▇▇▇, if the Union wishes, shall discuss the matter with management. Failing settlement of the dispute at this stage shall cause the lowest possible levelmatter to be submitted in writing to arbitration as set out herein. Notwithstanding the above, mutually satisfactory resolutions if an authorized Agent of the Union claims a violation of the Agreement, he may invoke the Grievance Procedure at Step IV as the grieving party on behalf of the Union or on behalf of any employee or employees concerned. (c) Where a difference arises between the parties relating to grievancesthe interpretation, which may arise during the term application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement and are subject to resolution under has been violated either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. B. A grievance (d) The party receiving the notice to arbitrate shall within seven (7) days thereafter meet with the initiating party and mutually select a single arbitrator. Failure to do so each party shall in writing request the Minister of Labour to appoint a single arbitrator. Time limits in the Grievance Procedure may be extended by mutual agreement. (e) The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision is defined as a charge final and binding upon the parties and upon the employee affected by either party it. (f) The arbitrator shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement that Agreement, or give any decision inconsistent with the other has violated one or more expressed provisions terms of this Agreement. C. As used in this Article, “days” (g) The Union and the Company shall mean work days each pay one-half (Monday through Friday2) of the remuneration and shall not include holidays or time when UNM’s Administrative Offices are closedexpenses of the arbitrator. D. A written grievance must contain a statement (h) Notwithstanding any sanction attaching to any violation of the grievancetime limits for processing a grievance from step to step up to and including arbitration, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto arbitrator shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of have the right to file. Furthermore, set aside such sanctions and deal with any grievance determination not appealed to on its merits provided that the succeeding level within the delay in time limits expressed herein shall be considered as closed. When it is mutually agreed complained of by the parties, protesting party is not unreasonable and provided further that such delay has not prejudiced the time limits expressed herein may be extended. Either party making the Association or employee who has entered grievances on their own behalf, may drop them at any Stepprotest. H. Should UNM fail (a) The Company agrees to respond to a grievance within give any discharged or suspended employee the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance reasons for his discharge or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, suspension in writing, by the Employee Relations Representative within seventy-two (72) hours exclusive of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One Saturday, Sunday and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievanceGeneral Holidays, shall file a written notice with his/her lieutenant with a copy to be sent to the Employee Relations Representative Union. Unless circumstances justify immediate discipline, suspension or discharge, Management will follow the recognized good practice of a warning, written reprimand, suspension and dismissal. Copies of all disciplinary actions shall be supplied to the affected employee and the Union and retained in the employee's file for twelve (12) months. Immediately thereafter the discipline shall be removed from the employee's file. (b) All discipline shall be assessed in writing and copied to the Union within ten seven (107) workdays of when the issue occurred or when the employee became aware days of the issueincident or first knowledge of the Company or be deemed null and void. The parties will attempt Employer may request of the Union a time limit extension which shall not be unreasonably denied. (j) The employee shall continue to resolve work until the grievance by meeting within ten is settled. (10k) workdays The Employer agrees that access to an employee's personal file shall be provided to the employee, upon request, with an appointment and during office hours. He may request a representative of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved Union to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance be present at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee such examination. (l) No technical error or Association Representative omission shall schedule render a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within teninarbitrable.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. Prior to invoking the grievance procedure, the parties shall be allowed up to thirty (30) days from the date of the circumstances giving rise to the possible grievance to resolve the situation. During this time period, any musician who believes he or she has a justifiable complaint or dispute should either discuss the situation with the Personnel Manager, or should ask the Orchestra Committee to discuss the situation with the Personnel Manager, who will attempt to resolve the situation or at least provide an explanation. After this review, if the musician or Orchestra Committee wish to pursue the complaint or dispute, they may request a meeting with the Music Director and/or Executive Director (or designate) depending on the nature of the dispute. The purpose musician may have a member of the Orchestra Committee and/or a member of the TMA present at this procedure is to secure at the lowest possible levelmeeting, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to if he or she chooses. Should a resolution under this Agreement. B. A grievance is defined as a charge by not be achieved or if either party decides to this Agreement that proceed directly to a grievance the other has violated one following procedure must be followed in the event the complaint or more expressed provisions dispute is related to the interpretation, application, administration or alleged violation of this Agreement, including whether any matter is arbitrable: Step 1 Any grievance shall first be taken up in writing by the National Ballet or by the Local, and the parties shall have thirty (30) days to resolve the matter. C. As used in this Article, “days” shall mean work days (Monday through Friday) Step 2 In the event the National Ballet and shall not include holidays or time when UNM’s Administrative Offices the Local are closed. D. A written unable to resolve the grievance must contain a statement of the grievanceat Step 1, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated National Ballet and the remedy being sought. E. The term grievance and the procedure relevant thereto Local shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance meet within ten (10) workdays following business days thereafter and make every effort to amicably resolve the discovery grievance. Step 3 If the grievance remains unresolved fourteen (14) days after the conclusion of the actStep 2, or if the condition which gave rise parties choose to proceed directly to arbitration, either party may refer the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One single arbitrator for final and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issuebinding determination. The parties will attempt shall endeavour to resolve the grievance by meeting within ten (10) workdays of the filing of agree on an arbitrator to hear the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved parties are unable to agree on an arbitrator then the satisfaction Ministry of Labour will be asked to appoint an arbitrator who will have the duties and powers contained in the Labour Relations Act. The decision of the employee within ten (10) workdays arbitrator shall be final and binding upon the parties to this Agreement and the musicians covered by it. The expenses of the response, arbitrator shall be shared equally between the employee TMA and the National Ballet. The time limits set out in this procedure may file a written grievance at Step Two. Step Two – The written grievance is filed with be waived or extended by mutual agreement between the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt Executive Director of the grievance, to discuss TMA and the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion Executive Director of the employee National Ballet or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tentheir designates.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Should a dispute arise between the Town and the Union or its employees regarding interpretation, meaning, operation or application of this procedure agreement, including any questions as to whether a matter is arbitrable or where an allegation is made that this agreement has been violated, or should any other dispute arise, an ▇▇▇▇▇▇▇ effort shall be made to secure at settle the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during dispute in the term of this Agreement and are subject to resolution under this Agreementfollowing manner. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within Within ten (10) workdays following full working days after the discovery circumstances giving rise to a complaint occur, or of the act, or the condition which gave rise time it comes to the grievance, will constitute forfeiture attention of the right to file. Furthermoreemployee, any grievance determination discussion will be held with the employer, if during those discussions a resolution cannot appealed to the succeeding level within the time limits expressed herein be agreed upon, it shall be considered as closed. When it is mutually agreed put in writing, signed by the parties, employee and a shop ▇▇▇▇▇▇▇ and presented at the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next first level of the grievance procedure. Should , which shall be the Association fail to meet with the University within 10 workdays Direct Supervisor of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitrationemployee involved. I. Nothing herein contained C. The Supervisor shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, render a decision in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support writing to the parties. K. Grievances by Union ▇▇▇▇▇▇▇ and the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the aggrieved employee within ten (10) workdays working days from the time the grievance was presented to him. D. If the decision of the responseSupervisor is not acceptable to the aggrieved employee and/or the Union, the employee may file a written grievance may, within ten (10) working days of the expiration of such ten (10) day period, be presented to the second level, which shall be the Chief Administrator Officer or designate. E. The Chief Administrative Officer or designate shall hear the grievance at Step Two2. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance Such meeting with the commander or designee. This meeting should must be held within ten (10) workdays following receipt working days from the expiration of the grievancetime limits in D) above, unless otherwise mutually agreed between the parties. The decision of the Chief Administrative Officer or designate shall be forwarded to discuss the grievance, and attempt a resolution. Within parties concerned within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work working days of the response this levelmeeting referenced herein. ▇. ▇▇▇▇▇▇▇ a satisfactory reply, the employee or Association Representative may advance Union may, within thirty (30) working days, refer the grievance to Step Three. On grievances other than suspensions arbitration. G. When a dispute involving general application or interpretation occurs, the employer and terminations this is the last step prior union may agree to bypass the first two (2) levels of the grievance procedure and go directly to arbitration. ▇. Only suspensions ▇▇▇▇▇▇▇▇▇▇ settled satisfactorily within the time allowed, shall date from the time that the grievance was filed. I. The Town shall supply the necessary facilities for the grievance meeting. J. A grievance under this agreement shall be defined as a difference or dispute between the Town and terminations any Union employee(s), or a case where the Town has been said to have acted unjustly. The time limit fixed under this article may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction varied by consent of the employee within tenparties of this agreement.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution 8.01 A grievance under this Agreement. B. A grievance is Collective Agreement shall be defined as a charge difference or dispute between the Employer and any Employee(s) or the Union. The Union and Employer agree that it is the mutual desire of the parties that grievances should be dealt with as quickly as possible. 8.02 At the time formal discipline is imposed, an Employee is entitled to be represented by either party to her or his union representative. In the case of suspension or discharge, the Employer shall notify the Employee of this Agreement that right in advance. 8.03 All Grievances shall identify the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) the Collective Agreement alleged to have been breached and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, facts giving rise to the name grievance and a statement of the employee(s)remedies sought. All grievances shall be filed in accordance with the procedure outlined in this Article, and on the circumstances and facts upon prescribed Union form, which it is based, the Section of shall be appended to this agreement allegedly violated and the remedy being soughtCollective Agreement. E. The term 8.04 Grievances properly arising under this Collective Agreement shall be adjudicated and settled as follows: Such complaint shall be discussed with her or his immediate supervisor or delegate as soon as reasonably possible. If there is no settlement through discussion it shall then be taken up as a grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf manner and sequence: If the Union considers the complaint of the Department employee justified to be a grievance it shall be initiated by file a grievance within 5 days of giving rise to the Chief occurrence to the Director or designee by filing designate. The Bargaining Unit President and the grievance Employee(s) concerned, shall meet as promptly as possible with the Association President Director or designee within 10 workdays of when their designate and such other persons as the issue occurred Director or UNM became aware designate may desire, to consider the grievance. The Director or designate shall render, in writing to the Union, the decision of the issue. G. Failure Employer with regard to submit a the grievance within ten (10) workdays days following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter decision is not resolved satisfactory to the satisfaction of the employee within ten (10) workdays of the responseUnion, the employee may file a written grievance shall be presented at Step Two. Two as follows: Within seven 7 days after the decision is given under Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal serviceOne, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of Union must submit the grievance, to discuss the grievancein writing, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response providing all details to the grievanceExecutive Director or designate. IfBargaining Unit President, in the opinion Employee(s) concerned and a representative of the employee or the Association Representative a satisfactory settlement is not obtained Union, shall meet as promptly as possible, but within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenfourteen

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. Section 1 A grievance is defined as a charge by either party to claim or dispute arising out of the application or interpretation of this Agreement that the other has violated one or more expressed Agreement, under express provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) Agreement and shall not include holidays or time when UNM’s Administrative Offices are closed.be processed in the following manner: D. A written Section 2 Step 1. An employee having a grievance must contain a statement submit in writing the grievance to the department head within five (5) working days from the date of the grievanceevent giving rise to the grievance or the date the employee could reasonably have been first made aware of the event. Such grievance must be submitted in writing listing the ARTICLE and Section violated, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated specific grievance and the remedy being sought. E. desired. The term Department Head shall fix a time and place Collective Bargaining Agreement AFSCME FY14-FY17 for a grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw hearing within five (5) working days of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf receipt of the Department grievance which shall be initiated by the Chief or designee by filing not more than ten (10) working days from that date. Following close of the grievance with hearing, the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance Department Head shall render his/her decision within ten (10) workdays following calendar days. Section 3 Step 2. If the discovery aggrieved employee or the Union is not satisfied with the decision of the act, or the condition which gave rise Department Head and desires to proceed with the grievance, will constitute forfeiture of he/she shall follow the right to file. Furthermore, any grievance determination not appealed time sequence in step one (1) above and appeal in writing to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process City Manager setting forth his/her grievance as an individual. The individual will advise basis for appeal of the Employee Relations Representative Department Head, citing reference to specific sections of this decision. In such cases, contract which have been violated and the Association shall be notified, in writing, by the Employee Relations Representative basis of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with grievance. Such grievance shall be discussed between the employee, a copy Union representative and the City Manager or his/her designated representative. Such meeting shall take place prior to the Employee Relations Representative City Manager or the designated representative issuing his/her decision. The City Manager or the designated representative shall render his/her decision within ten (10) workdays of when ten Section 4 Step 3. If the issue occurred or when Union is not satisfied with the employee became aware decision of the issue. The parties will attempt City Manager or the designated representative, the Union may submit in writing a request to the American Arbitration Association to appoint an arbitrator to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved Union fails to submit such written request for the satisfaction appointment of the employee an arbitrator within ten twenty (1020) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work working days of the response this levelCity Manager or the designated representative's decision, the employee or Association Representative may advance the grievance shall be deemed abandoned and no further action shall be taken with respect to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tensuch grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible levelA grievance, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance is defined as a charge may be filed by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted ▇▇▇▇▇▇▇ on behalf of the Department shall be initiated by the Chief or designee by filing the all Employees similarly situated in which event processing of said grievance will begin with the Association President or designee within 10 workdays of when second step provided herein. In the issue occurred or UNM became aware of event the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination University does not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed set forth herein, the Association Union may appeal the grievance to the next level appropriate step of the Grievance Procedure. A grievance procedure. Should not appealed to the Association fail to meet with the University within 10 workdays next progressive step of the filing Grievance Procedure within the specified time limits after receipt of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained disposition shall be considered as limiting the rights of an employee settled pursuant to discuss such last step answer or process withdrawn without prejudice (W.W.P.). Step 1. An Employee having a grievance shall present it to his/her grievance as an individual. The individual will advise the Employee Relations Representative Supervisor within five (5) working days of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps its occurrence or within five (5) working days of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure date it is reasonable to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes assume that he/she became aware of it. The Employee has the right to request that the ▇▇▇▇▇▇▇ be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the ▇▇▇▇▇▇▇. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or ▇▇▇▇▇▇▇ shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director of the Unit or a designated representative within five (5) working days of receipt of the Supervisor's answer, or in the case of a grievance filed by the ▇▇▇▇▇▇▇ on behalf of all Employees similarly situated, within five (5) working days of the date it is reasonable to assume that the Union became aware of it. Each party’s representative shall be responsible for making certain that all relevant contentions and evidence, that are available at the time and have been developed and considered, are presented at Step 2. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the nature of the grievance, shall file a written notice with adjustment sought, and the facts necessary to support the grievance. The Director or his/her lieutenant designated representative shall call a meeting with a copy the Grievance Committee, not to exceed three (3) in number, in addition to the Employee Relations Representative President and Secretary, within ten five (105) workdays working days of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing receipt of the grievance. The lieutenant will provide the employee Director, or Association Representative a written response his/her designated representative shall give his/her answer in writing within ten three (103) workdays from the working days of this meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenreached,

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is 12.01 In the event that either the Employer, Trade Division, or the Union wish to secure at process a grievance covering the lowest possible levelinterpretation, mutually satisfactory resolutions to grievancesapplication, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one operation, or more expressed provisions an alleged violation of this Agreement, such grievance shall be reduced to writing and shall be submitted by the one party to the other within twenty (20) days of the event giving rise to the grievance and proceed to step (d) below. C. As used (a) An aggrieved party shall within fifteen (15) days of the alleged violation submit his complaint in this Articlewriting to the ▇▇▇▇▇▇▇ (or where no ▇▇▇▇▇▇▇ is present, the Business Representative of the Union) who shall endeavor to settle the complaint between the employee and his immediate supervisor. (b) If the complaint is not settled within two (2) days” shall mean work , (excluding Saturdays, Sundays, and holidays) it may be referred to the Project Superintendent and an official representative of the Union. (c) If the complaint is not then settled within three (3) days (Monday through Fridayexcluding Saturdays, Sundays and holidays) it shall be referred to the Management of the Employer involved and the Business Agent of the Union. Pre-Arbitration Process (i) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall not include holidays or time when UNM’s Administrative Offices are closedbe referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. D. A written grievance must contain (ii) In the event a statement party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (iii) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the name grievance. No representative of/spokesman for the Union or for the subject Registered Employers’ Organization shall be appointed. (iv) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the employee(sdate the hearing was held. (v) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the circumstances recommendation. (vi) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and facts upon which the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (vii) In the event either Party determines that it is basednot prepared to accept the recommendation of the JGP, either Party may then refer the Section matter to Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of this agreement allegedly violated and receipt of the remedy being soughtJGP recommendations. E. The term grievance and the procedure relevant thereto (viii) No lawyers shall not be deemed applicable permitted to participate in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to actJGP proceedings. F. Grievances submitted on behalf (d) If the complaint is not settled within seven (7) days (excluding Saturdays, Sundays and holidays) it shall be referred to an Arbitration Board; by mutual consent of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the parties this time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein limit may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level The Arbitration Board shall be comprised of one (1) member appointed by each of the grievance procedureparties and a neutral chairman appointed by the members. Should Each party shall bear the Association fail to meet with expense of their appointee and the University within 10 workdays expense of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained chairman shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, shared equally by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has (e) If either party fails to appoint a grievance, shall file a written notice with his/her lieutenant with a copy member to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee Arbitration Board within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose Alleged grievances of this procedure is members of Local 1703 IAFF, AFL-CIO in respect to secure at the lowest possible levelwages, mutually satisfactory resolutions to grievancesrates of pay, which may arise during the term of this Agreement working conditions or other terms and are subject to resolution conditions arising under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that contract or in connection with the other has violated one interpretation thereof, or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) arising under the rules and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement regulations of the grievanceFire Department, shall be handled in accordance with the name following procedure: An individual having a grievance shall reduce the same to writing within fifteen (15) days of the employee(s)employee's knowledge or when the employee should have known of same, and present it to the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf Chief of the Fire Department who shall be initiated by the Chief or designee by filing answer the grievance with within fifteen (15) days, and if not settled, then the Association President or designee employee shall within 10 workdays of when the issue occurred or UNM became aware fifteen (15) days of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notifiedChiefs answer, in writing, by bring such grievance to the Employee Relations Representative attention of any settlements reached. J. The Employee Relations Representative shall be provided a copy the Executive Committee of all grievances submitted to Step One and all subsequent steps Local 1703. Said Executive Committee shall, within five (5) days of the receipt of the grievance procedurearrange for the employee to present his alleged grievance at a meeting of a majority of said Local's Executive Committee. The copy It shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step responsibility of the grievance procedure Executive Committee to provide advice and support to determine the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays justification of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion judgment of the employee or Executive Committee, the Association Representative a satisfactory settlement is not obtained within the ten (10) work days nature of the response this levelgrievance justifies further action, it shall within fifteen (15) days, through the employee or Association Representative may advance President of Local 1703, bring the grievance to Step Three. On grievances other than suspensions the attention of the Chief of the Department, and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced thereafter to the third stepTown Administrator in writing to settle the matter. Step Three – If this step fails, the matter is not resolved grievance shall be submitted to the satisfaction American Arbitration Association for selection of an arbitrator under its labor rules. All costs and expenses of arbitration shall be shared equally by the parties hereto. In all cases involving a grievance which is submitted to Arbitration the individual or individuals having the grievance shall be required to attend and present his or her grievance. Such individual or individuals shall further be entitled to be represented by legal counsel of his or her or their own choosing. Any decision handed down by the Arbitrator shall be final and binding on the parties hereto. The member shall pay his own counsel fees. The Arbitrator shall have no authority or power to alter, modify, subtract from, change or add to the language of this Agreement. In addition to the foregoing, Local 1703 through its Executive Board shall have the right to file a grievance on its own behalf or on behalf of any employee covered by this Agreement. In the event a grievance is filed by Local 1703, the grievance shall be presented directly to the Chief of the Department, who shall answer the same in fifteen (15) days of receipt. If in the judgment of the Executive Committee the nature of the grievance justifies further action after the Chief's response, the grievance shall be presented directly to the Town Administrator in writing, and shall proceed as an ordinary grievance. Any disciplinary action taken against any employee within tencovered by this Agreement, including but not limited to removal, demotion, reduction in rank or suspension (with or without pay) shall be subject to the grievance procedure herein set forth.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is parties recognize that the Canada Labour Code provides that any employee may present his personal grievance to secure his employer at the lowest possible level, mutually satisfactory resolutions to grievances, which any time. Any such grievance may arise during the term of this Agreement and are be subject to resolution under this Agreement. B. A grievance is defined consideration and adjustment as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable provided in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2articles on grievance procedure. In matters where UNM is without authority to act. F. Grievances submitted on behalf the event of a dispute between any member or members of the Department bargaining unit and the Company,in referenceto the application, administration, interpretationor allegedviolation this Agreement, the following shall be initiated by the Chief procedurefor the adjustment and settlement thereof; STEP The grievance shall be reducedto writing and a copy thereof delivered to the Station Manager or his designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery days of the act, or the condition which gave rise arising of such grievance. A copy shall also be delivered to the grievance, will constitute forfeiture employee designated by the employees as their Chairman of the right to fileGrievance Committee. Furthermore, any STEP The grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet discussed with the University within 10 workdays Station Manager or his designee and the Local Grievance Committee consisting of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after not more than three (3) members. Such meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative take place within ten (10) workdays of when the issue occurred or when the employee became aware days of the issuerequest for a meeting. STEP 3: grievance is not settled within the dispute shall be referredto the President and General Manager of the Company his designee, and the Union Office for further discussion and consideration. In the event that the representatives of the Company and the Union cannot reach agreement, the dispute may, by notice of either party to the other party, be submitted to final and binding arbitration. The parties will attempt to resolve the grievance by meeting shall, within ten (10) workdays days of the filing sending ofthe notice requesting arbitration, select a mutually acceptable arbitrator. If the parties are unable to agree on the selection of the grievance. The lieutenant will provide the employee or Association Representative a written response an arbitrator within these ten (10) workdays from days, the meetingFederal Minister of Labour shall be requested by either party to appoint the arbitrator. The cost expenses of such arbitration shall be borne equally by the Company andthe Union, except that no party shall be obligatedto pay the cost of stenographic transcript without express consent. The Arbitrator shall not have the power to change, modify, extend or amend the provisions of this Agreement, but he shall have the power to direct, if he thinks proper, that any employee who has been wrongfully suspended, discharged, or otherwise disciplined shall be reinstated with pay and with any other benefit under this Agreement which may have been lost. If either of the parties of this Agreement consider that this Agreement is being misinterpreted,or violated in any respect by the other party, the matter is may be discussed between representatives ofthe Com- pany and the Union, and if not resolved satisfactorily settled, either party may refer the matter to the satisfaction arbitration as provided in Step of Section Any time limit mentioned under grievance procedure shall exclude Saturdays, Sundays and Statutory Holidays and vacations of the employee within ten (10) workdays concerned, and may be extended by mutual consent. Employees shall suffer no loss of the response, the employee may file a written pay or other benefits while attending grievance at Step Two. Step Two – The written grievance is filed meetings with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenCompany.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose 8.1 Employees are encouraged to discuss all problematic situations with their immediate Supervisor as soon as possible, with the aim of finding a solution. Should an employee or the Union believe that an employee has been unjustly dealt with, or that the provisions of this Agreement have not been complied with, the following procedure is shall apply: Step 1 A complaint or grievance shall be presented to secure at the lowest possible levelManager concerned or in his absence, mutually satisfactory resolutions to grievanceshis designate within thirty (30) days of the date of the alleged incident, by not more than two (2) Union representatives, which may arise during include the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Articleemployee concerned, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance Manager or in his absence, his designate shall render his decision within five (5) days, and communicate it to the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing designated Grievance Officer unless the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances been presented by the employee alone. Step 2 If a complaint or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved adjusted to the satisfaction of the employee Union under Step 1, it shall be taken up within ten twenty (1020) workdays days with the Regional Vice-President or, in his absence, his designate, who shall render his decision within fifteen (15) days. A Policy Grievance related to the provisions of the response, the employee may file a written grievance this Agreement shall be submitted at Step Two. Step Two – The written grievance is filed with 2. 8.2 If the commander with a copy Union and the Corporation are unable to agree to the Employee Relations Representative. At the time adjustment of personal service, the employee or Association Representative shall schedule a any grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. Ifeither party may, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained writing, within the ten sixty (1060) work days of the response this levelcalendar days, the employee or Association Representative may advance refer the grievance to Step Threean Arbitrator. On Should neither party choose to refer the grievance within the time period herein, the grievance shall be deemed to have been abandoned. 8.3 The parties agree to name ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ or Mr. JFW ▇▇▇▇▇▇▇▇▇▇, as sole Arbitrator, to arbitrate all outstanding grievances under this Agreement. If ▇▇. ▇▇▇▇▇▇ or ▇▇. ▇▇▇▇▇▇▇▇▇▇ cannot find an available date within ninety (90) days for a hearing, the parties agree to name another Arbitrator to cover such situations. If mutual agreement cannot be reached as to the selection of an Arbitrator, either party may then request the Federal Minister of Labour to appoint an Arbitrator. 8.4 An Arbitrator, to which a matter is referred, shall hear all evidence in the case and shall render a decision which decision shall be final and binding upon the parties to this Agreement. 8.5 The costs of the Arbitrator shall be borne equally between the parties to this Agreement. 8.6 An Arbitrator is not authorized to alter, modify or amend any part of this Agreement provided that the Arbitrator shall have the power to make a just and equitable determination of questions concerning discipline and discharge and this shall include the right to award with, or without, degrees of compensation. 8.7 The Corporation and/or the Union may request the Arbitrator to act as a Mediator-Arbitrator. This process would allow the Mediator to assist in resolving the dispute before arbitration if a mutual agreement can be reached between the Corporation and the Union. 8.8 Before arbitration takes place, both parties will meet for discovery to ensure disclosure of information pertinent to the case and to avoid surprises during the arbitration process. Documents not disclosed before the arbitration takes place shall not be admitted into evidence during the arbitration process with the exception of jurisprudence, documents of precedence, and any documents that are felt necessary by one or the other than suspensions and terminations party for the completion of the evidence as a result of testimony rendered during the arbitration process. 8.9 Time limits provided for by this is the last step prior to arbitration. Only suspensions and terminations Article may be advanced extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in respect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. 8.10 Upon application, a Union Committee of not more than two (2) employees shall be granted necessary leave of absence with pay for the third step. Step Three – If the matter is not resolved to the satisfaction investigation and presentation of the employee within tencomplaints or grievances.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose All information pertaining to the grievance shall be made available to the teacher and the Association. 3-1.1 If, in the judgment of the parties, a particular grievance shall affect a group of teachers, the Association may join in the processing of the grievance and become a party thereto. 3-1.2 Failure at any step of this procedure is to secure at communicate the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted decision on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the specified time limits expressed herein, shall permit the Association may appeal aggrieved employee to proceed to the next level of step, except after reaching Board level. A decision on the grievance procedure. Should shall be rendered within the Association fail to meet with the University within 10 workdays of the filing of time limit set forth or the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting deemed favorable to the rights of an employee to discuss or process his/her grievance as an individualgrievant. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party Failure at any step of the grievance this procedure to provide advice and support appeal a grievance to the parties. K. Grievances by next step within the employee or the Association specified time limits shall be presented as outlined below: Step One – A bargaining unit deemed to be acceptance of the decision rendered at that step. 3-2.0 Any employee who believes that he/she has a grievancegrievance shall discuss it first with her/his building administrator (or immediate superior, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10if applicable) workdays of when the issue occurred or when the employee became aware of the issue. The parties will in an attempt to resolve the grievance by meeting within ten (10) workdays matter at that level. 3-3.0 If, as a result of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If discussion, the matter is not resolved to the satisfaction of the employee within ten (10) workdays school days, s/he shall set forth her/his grievance in writing to the building administrator specifying: (a) the nature of the responsegrievance and date occurred; (b) the nature and extent of the injury, loss or inconvenience; (c) the results of previous discussions; (d) her/his dissatisfaction with decisions previously rendered. The building administrator shall communicate her/his decision to the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following school days of receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative 3-4.0 Before a satisfactory settlement grievance is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third stepschool board, it must be voted on to go forward by the ACT/Rye Executive Committee. Step Three – If the matter grievance is not resolved to the satisfaction employee’s satisfaction, s/he, no later than ten (10) school days after receipt of the superintendent’s decision, may request a review by the Board. The request will be submitted in writing through the superintendent of schools, who shall attach all related papers and forward the request to the Board. The Board, or a quorum thereof, shall review the grievance and shall, at the option of the Board or upon request of the grievant, hold a hearing with the employee within tenthirty (30) school days. A decision in writing shall be rendered within ten (10) calendar days of the hearing with the employee. 3-6.0 No matter shall be considered a proper subject for arbitration or be subject to the arbitration provision set forth herein, if it pertains to [a] any matter for which a specific method of review is prescribed by law, or [b] any rule or regulation of the New Hampshire Commissioner of Education, or [c] any bylaw of the Board pertaining to its internal organization, or [d] any matter which, according to law, is either beyond the scope of Board authority or limited to unilateral action by the Board alone, or [e] a complaint of a non-tenure teacher which arises by reason of her/his not being re-employed, or [f] a complaint by any certified personnel occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which tenure is not possible or not required. 3-7.1 The following procedure shall be used to secure the services of an arbitrator: 3-8.0 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) school days following the date the request for arbitration was received by the Board, the American Arbitration Association will be notified by either or both parties and requested to submit a roster of persons qualified to function as an arbitrator. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they shall request the American Arbitration Association to submit a second roster of names. 3-8.1 If the parties are unable to determine, within ten (10) school days of the request for a second 7 3-8.2 list, a mutually satisfactory arbitrator from the second list, the American Arbitration Association may be requested by either party to designate an arbitrator. Neither the Board nor the Association will be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. 3-8.3 The arbitrator shall limit him/herself to the issues submitted to him/her and shall consider nothing else. S/he may add nothing to nor subtract anything from the Agreement between the parties. The findings of the arbitrator shall be final and binding. Only the Board and the aggrieved and her/his representative shall be given copies of the arbitrator’s report. This shall be accomplished within thirty (30) days of the completion of the arbitrator’s hearing. 3-8.4 Each party shall bear the total cost incurred by itself. 3-9.0 If the parties disagree as to the meaning or interpretation of any of the provisions of this Agreement, either party may utilize the grievance procedure set forth in Article 3 in order to resolve said dispute. 3-10.0

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Union and the Company agree that if a dispute arises in the plant, it shall be settled in the manner provided for in this article. Pending the settlement of this procedure is to secure at such matter, there shall be no change in working conditions; that is, work shall be continued just as if no cause for a controversy had arisen, and pending final settlement of the lowest possible levelmatter, mutually satisfactory resolutions to grievancesthere shall be no lockouts, which may arise during the term slow-downs, sit-downs, strike or cessation of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge work by either party to this Agreement that the other has violated one employer, Union or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1employee. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of If an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, he shall file a written notice first confer with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware his F▇▇▇▇▇▇ for adjustment of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meetingmatter. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within made with the ten (10) work days of the response this levelF▇▇▇▇▇▇, the matter shall be referred by the employee or Association Representative may advance to the Shop Committee for investigation. If the Shop Committee considers the grievance to Step Threebe justified, it will confer with the F▇▇▇▇▇▇ and Department Head. On grievances other than suspensions Should no agreement be reached, the matter shall then be jointly presented to the Department Head affected by the Shop Committee, the Personnel Director, and terminations this the F▇▇▇▇▇▇. Should no agreement be reached, the matter shall be jointly presented to the Plant Manager and/or his representative by the Union Committee, the Personnel Director, and the Department Head affected. Should no agreement be reached, the matter shall be referred by the Local Union Officers to the International President, if circumstances warrant, requesting that an International Officer be assigned to further process the grievance with the Plant Manager and such Company representatives as he desires to have participate. Should no agreement be reached, the matter shall be referred to the National President of the American Flint Glassworkers' Union and the proper executives of the company for consideration. If no agreement is reached through the last step prior to arbitration. Only suspensions and terminations above steps, the matter may be advanced referred to arbitration in the third step. Step Three – following manner: If the matter is Union and the Company do not resolved agree on an arbitrator to settle the satisfaction grievance, he shall be chosen from a list of nine arbitrators proposed by the American Arbitration Association. The Director of Labor Relations of the employee within tencompany, or his designated representative, shall alternately strike one name from the list of nine until only one name remains. The right to strike the first name shall be determined by lot.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Nbi Inc)

GRIEVANCE PROCEDURE. A. If an employee has any complaint or question, he/she shall first discuss the problem with the Director of Environmental Services & Special Projects or Designate. He/she may be accompanied by his/her ▇▇▇▇▇▇▇ if so requested. No grievance exists until the Director of Environmental Services & Special Projects or Designate has an opportunity to adjust the circumstances surrounding the complaint. An employee having a grievance not settled as a complaint shall, within seven calendar days of the alleged occurrence or circumstance, present same to the ▇▇▇▇▇▇▇ in writing. The purpose ▇▇▇▇▇▇▇ shall present the grievance to the Director of this procedure Environmental Services & Special Projects or Designate who will give an answer in writing within seven calendar days from the time of receipt. If the decision of the Director - Environmental Services & Special Projects or Designate is not acceptable to secure at the lowest possible levelemployee, mutually satisfactory resolutions the grievance may be presented to grievancesthe Chief Executive Officer in writing within seven calendar days following receipt of the response from the Director or Designate. If the decision of the Chief Executive Officer or Designate, which may arise during shall be given in writing within seven calendar days of the term meeting, is not satisfactory to the aggrieved employee, the Union may, by serving written notice within seven calendar days of this Agreement and are subject receipt of the Chief Executive Officer’s or his/her designate’s decision, give notice of its intent to resolution under this Agreement. B. A apply to an Arbitration Board as set out hereunder. Any grievance is defined as not processed from one step to the next within seven calendar days shall be considered settled. Where a charge by either party difference arises between the parties relating to this Agreement that the other has violated one interpretation, application or more expressed provisions administration of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain including a statement question as to whether a matter is arbitrable, either of the grievanceparties may, after exhausting the grievance procedure established by this Agreement, notify the party of its desire to submit the difference or allegation to Arbitration, and the notice shall contain the name of the employee(s)first party’s appointee to the Board. The recipient of the notice shall, within seven calendar days advise the other party of the name of its appointee to the Board. The two appointees so selected shall, within seven calendar days of the appointment of the second of them appoint a third person who shall be Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chair within the time limit, the circumstances appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The parties may mutually agree to the use of a sole arbitrator in place of an Arbitration Board. The Arbitration Board shall hear the difference of allegation and facts shall issue a decision, and the decision shall be final and binding upon which it the parties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is basedno majority, the Section decision of this agreement allegedly violated the Chair shall govern. In the event of a grievance being taken to arbitration the Employer will pay the expenses of its own appointee, the Union will pay the expenses of its appointee and the remedy being sought. E. The term grievance expenses of the Chair of the Board will be equally shared by the Employer and the procedure relevant thereto Union. The Arbitration Board shall not be deemed applicable in the following instances: 1. in matters where a method empowered to modify or review is mandated by law or by amend this agreement, nor to make any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the actdecision inconsistent therewith, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, deal with any grievance determination matter not appealed to the succeeding level within the time limits expressed herein shall be considered as closedcovered by this Agreement. When it is mutually agreed by the partiesagreed, the time limits expressed herein may a sole arbitrator will be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Stepused. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level‌ Any grievance, mutually satisfactory resolutions to grievancescomplaint, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined or dispute arising as a charge result of the employee's employment shall be handled in the following manner: 9.01 The employee shall report the grievance to the shop ▇▇▇▇▇▇▇ or such other Union representative as may be designated by either the Union within twenty (20) working days of the event giving rise to the grievance, or within twenty (20) working days of the time any party knew, or had reason to this Agreement that know, of the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement existence of the grievance, . 9.02 If the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated employee/shop ▇▇▇▇▇▇▇ and the remedy being sought. E. The term grievance and Supervisor of Transportation are unable to resolve the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following working days, the discovery Union shall submit the grievance in writing to the Director of Transportation Services. Such written grievance shall set forth the circumstances from which the grievance arose as well as any Sections of the act, or Collective Bargaining Agreement which the condition which gave rise Union deems to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Stephave been violated. H. Should UNM fail 9.03 If the Director of Transportation Services and the Union representative are unable to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of resolve the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays working days, the Union may request in writing that the Director of when Labor Relations review the issue occurred or when grievance. 9.04 If the employee became aware Director of Labor Relations and the issue. The parties will attempt Union representative are unable to resolve the grievance by meeting within ten (10) workdays working days, the Union or District may refer the grievance to arbitration within fifteen (15) calendar days after the written decision of the filing Director of the grievanceLabor Relations. The lieutenant arbitration will provide the employee or Association Representative a written response be scheduled to commence within ten thirty (1030) workdays days from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss request by the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee Union or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance District to Step Three. On grievances other than suspensions and terminations this is the last step prior proceed to arbitration. Only suspensions To insure the time constraints in this procedure are met, the Union shall request a list of fifteen (15) arbitrators from the Federal Mediation and terminations may Conciliation Service (FMCS). Through an alternate striking method with the District, there will be advanced seven (7) arbitrators remaining who will be utilized to hear all grievances during the length of this Agreement. Cases will be assigned to the third stepseven (7) arbitrators, in alphabetical order of their last name, on a rotational basis. Step Three – If an arbitrator is unavailable to hear an arbitration the matter is not resolved to next arbitrator, in rotation, will be utilized and the satisfaction rotation will continue from the replacement. The cost of selecting the seven (7) arbitrators shall be borne equally by both the Union and the District. The selection of the employee within tenarbitrator and the conduct of any arbitration hearing shall be in accordance with the labor arbitration rules of the Federal Mediation and Conciliation Service. The fees and expenses of the arbitrator shall be borne equally by the District and the Union. The arbitrator’s decision shall be rendered in writing and shall be final and binding on the parties and on any affected bargaining unit employee(s). It shall be issued not more than thirty (30) calendar days after the close of the hearing or filing of briefs, whichever is later. 9.05 The parties may extend the time limits set forth in this Article by mutual agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose It is the intention of the parties that this procedure is shall provide a just and peaceful method of adjusting griev- ances and the parties agree to secure at act in good faith in settle- ment of grievances in accordance with the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in article. Any complaint, or disagreement between the parties to this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays agreement which concerns the application or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement interpreta- tion of the grievance, the name of the employee(s), the circumstances terms and facts upon which it is based, the Section provisions of this agreement allegedly violated shall be considered a grievance. Any employee, the union or the EMPLOYER may present a grievance. Any party desiring to submit the grievance must submit a written statement of such grievance to the EMPLOYER within ten working days after the act which prompted such grievance or the date of discovery thereof. It is under- stood and agreed that any financial liability shall be lim- ited to a maximum of days. Any grievance submitted after such date shall be null and void. The grievance shall there- after be processed in accordance with the remedy being sought. E. following steps, time limits and conditions herein set forth: Step The term grievance and shall first be taken up with a desig- nated management representative other than the procedure relevant thereto branch Man- ager. Within four working days after receipt of such grievance, a written answer to such grievance shall to the union. Step In the event the grievance is not be deemed applicable settled in the following instances: 1. manner set forth in matters where a method or review is mandated Step the UNION may appeal it by law or by any rule, regulation, resolution or bylaw giving written notice of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf such appeal within seven working days after receipt of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise written answer to the grievance. Such appeal shall be made to the branch manager or his designate, will constitute forfeiture who shall discuss it with the union representative. The branch manager or his designate shall give a written answer to the grievance within four working days after the close of discussion. Any employee shall be allowed to inspect his own per- ▇▇▇▇▇ file, on his own time during normal office hours. It is intended that the time limits as set forth in this article be strictly adhered to. Such time limits may be extended upon mutual agreement of the right parties. In the event the employer's representative fails to file. Furthermore, any grievance determination not appealed to the succeeding level give a written answer within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the partieshereinabove set forth, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association UNION may appeal the grievance to the next level step at the expiration of such time The Board of Arbitration shall consist of three persons, one to be selected by the EMPLOYER, one by the UNION and a third member to be selected by these two. These three individuals shall constitute a committee to adjust said difference. The decision of the grievance procedureBoard shall be final and binding upon both the EMPLOYER and the UNION. Should Upon mutual agreement of the Association EMPLOYER and the UNION, any arbitration mat- ter may be heard by a single arbitrator. In the event, the parties fail to meet agree on such single arbitrator, the matter must be referred to the Board of Arbitration referred to above. No person involved either directly or indirectly in the controversy under consideration shall be an arbitrator. The arbitrator shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigation as he or she deems es- sential to a full understanding and determination of the is- sues involved. In reaching a decision, the arbitrator shall be governed by the provision of this agreement. The Arbitra- tor shall have no power to add to nor to subtract from nor to modify any of the terms of this agreement or agreement made supplementary hereto and shall render a decision not in- consistent with the University within 10 workdays terms of this agreement. The expenses of the filing of the grievance or should the Association fail to respond to a grievance initiated arbitrator shall be borne equally by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitrationEMPLOYER and the UNION. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The 17.01 For the purpose of this procedure is to secure at the lowest possible levelAgreement, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A a grievance is defined as a charge any difference between the persons or parties bound by either party to this Agreement that the other has violated one or more expressed provisions of this Collective Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed17.02 At any stage either of the parties may request a meeting to discuss the matter of the grievance without prejudice to their respective positions. D. 17.03 In the event of a difference arising between the Employer and the Employee, the Employee(s) concerned, with or without a representative of the Union in attendance and on the Employer's time shall seek settlement of the difference through discussion with the Director of Student Life. 17.04 If the difference cannot be resolved through informal discussion, the Employee who considers that she has a grievance, shall, within thirty (30) days, submit a written and signed grievance to the Director of Student Life. A copy shall be forwarded to the Local of the Union. 17.05 The Director of Student Life shall give a written grievance must contain a statement decision within fifteen (15) days of receipt of the grievance. 17.06 If the grievance remains unsettled, it may be referred to the Director of Finance and Operations. The Director of Finance and Operations shall also render a written decision within fifteen (15) days. 17.07 If the grievance remains unsettled, it may be referred to the President of the College. The President will also render a written decision within fifteen (15) days. 17.08 In the event that the difference remains unsettled, the matter shall be referred to arbitration within twenty-one (21) days of the President's decision. If the grievance is not taken to arbitration with twenty-one (21) days, the grievance shall be deemed to have been settled. 17.09 Either party may notify the other in writing of its desire to submit the difference to arbitration. The notice shall indicate the name of the employee(s)first party's appointee to an Arbitration Board. The recipient of the notice shall, within seven (7) days inform the other party of its appointee to the Arbitration Board. Should either party fail to name their representative within the time limits, the circumstances and facts upon which it is based, Minister of Labour shall make the Section of this agreement allegedly violated and the remedy being soughtappointment. E. 17.10 The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority representatives appointed to act. F. Grievances submitted on behalf represent each of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance parties shall, within ten (10) workdays following days, select a Chairperson, who, with the discovery two representatives, shall constitute the Arbitration Board. 17.11 If the representatives are unable to agree on a Chairperson, the Minister of Labour will be requested to appoint the Chairperson. 17.12 The Arbitration Board will not have the power to alter or amend the Collective Agreement or give any decision inconsistent with the terms of the actAgreement. 17.13 The Arbitration Board shall hear and determine the difference and shall issue a majority decision in writing. This decision is final and binding on all parties. Should a majority decision not be reached, or the condition which gave rise Chairperson shall govern and his decision will be the award of the Board. 17.14 Each party will bear the expense of its respective nominee and share equally the expenses of the Chairperson. 17.15 Time limits specified may be extended by mutual agreement. If the grieving party fails to take any of the grievancesteps within the time limits, will constitute forfeiture then it shall be deemed that the grievance has been settled. Failure on the part of the Employer to reply within prescribed time limits shall give the Union the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal proceed to the next level of the grievance procedurestep. Should the Association either party fail to meet with adhere to the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such casestime limits, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reachedonus is on that party to show justifiable reason for its failure to adhere to such limits. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose Company acknowledges the right of this procedure is the Union to secure appoint or otherwise select a reasonable number of Stewardsto assist employees in presenting their grievancesto the representatives of the Company, and the Union agrees that they shall, at all times, keep the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term Company suppliedwith a list of this Agreement and are subject to resolution under this Agreementits Stewardsand Officers. B. A grievance is defined as a charge (a) The following departments or groups of departments shall be represented by either party to this Agreement that the other has violated one or more expressed provisions number of this Agreement. C. As used in this ArticleStewards so designated, “days” who shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement be employees of the grievancedepartment or groupof departments eachrepresents: Finishing and Sole Stock Fitting Lasting Warehouses Final Draft ▇▇▇▇▇ ▇▇▇▇▇ SHOE COMPANY OF CANADA, called the name "Company") OF THE FIRST PART Between the aggrieved employee, Department ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. department involved. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf decision of the Department ▇▇▇▇▇▇▇ shall be initiated by stated in writing on the Chief or designee by filing grievanceform. If the grievance with discussedwith the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act▇▇▇▇▇▇▇ is not settledwithin hours, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein it shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal carried to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to grievanceprocedure within three (3) days. Between the parties. K. Grievances by the employee or the Association Grievance Committee (which shall be presented as outlined below: Step One – composed of not more than three (3) employees) and the Superintendentwho shall be required to make answerto any grievanceproperly submitted to him within (3) days. Failingto obtain settlementat this stage, the Union shall, within five (5) days, carry the grievanceto the next step in the grievanceprocedure. Between the Grievance Committee and the General Manager or someone designated by whose decision shall be rendered in writing within five (5) days. A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware representative of the issue. The parties will attempt to resolve Dispositionof grievances resulting from agreement between the grievance by meeting within ten (10) workdays of Company and the filing of Union shall be final and binding on the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the responseCompany, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal serviceUnion, the employee or Association Representative employeesconcerned. Saturdays,Sundaysand statutoryholidays will not be counted in determiningthe time within which any action is to be taken or completed in the grievance or Any and all time limits by this Article and Article may be extended by mutual agreement. A claim by a permanent employeethat he has been unjustly discharged shall schedule be treated as, a grievance meeting if a written statement of such grievance is lodged with the commander Company within five (5) days followingwritten notice to the Union of such discharge. It is clearly understood that stewardsand other union will not absent themselves their duties without their respectiveforemanto allow for the most suitable arrangement within the shift hours and work officers and stewards shall not absent themselves from their work unreasonably in order to deal with grievances of employees. If a grievance is not appealedto the next stepwithin the specified time limit or designeeany agreed extensionthereof, it shall be considered settled on the basis of the Company's last answer. This meeting should If the Company does not answer an appeal of a grievance within .the specifiedtime limits, the Union may elect to treat the grievance as denied at that step and immediatelyappeal the grievanceto the next step, after discussing such intended action with the Factory Superintendent. Grievancemeetings between the Union and the Company shall be held within ten (10) workdays following receipt of during working hours at a time agreed between the grievanceparties, to discuss but in no case shall be held later than on the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, day in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenquestion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose 17.1 A grievance is any dispute, which involves the interpretation or application of any provision of this procedure Memorandum of Understanding, excluding, however, those provisions of this Memorandum of Understanding, which specifically provide that the decision of any District Official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. 17.2 Grievances shall be processed in the following manner: (1) Any employee who believes that s/he has a grievance may discuss his/her complaint with such management official as the District Manager may designate. If the issue is not resolved at this step, or if the employee elects to secure at submit his/her grievance directly to the lowest possible levelUnion, the procedures hereinafter specified may be invoked. (2) Any employee or any official of the Union may notify the District Manager in writing that a grievance exists, stating the particulars of the grievance, and the nature of the resolution desired. The District Manager shall have seven (7) days in which to investigate the issues meet with the complainant and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under paragraph (3) and (4) below which has not first been filed and investigated in accordance with this paragraph (2). (3) Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the Board of Trustees by the complainant or by the District Manager. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The Board of Trustees shall designate a personal representative who shall not be the District Manager to investigate the merits of the complaint, to meet with the complainant and, if the complainant is not the Union, to meet also with the officials of the Union, and to settle the grievance or to make recommendations to the Board of Trustees. (4) If the parties are unable to reach a mutually satisfactory resolutions to grievances, accord on any grievance which may arise arises and is presented during the term of this Agreement Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) Union representatives, no more than one (1) of whom shall be either an employee of the District or an elected or appointed official of the Union, and are subject three (3) representatives of the District, no more than one (1) of whom shall be either an employee of the District or a member of the staff of any organization employed to resolution under this Agreementrepresent the District in the negotiation process. B. A grievance (5) If an Adjustment Board is defined as unable to arrive at a charge by majority decision, either party to this Agreement the Union or the District may require that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” grievance be referred to an impartial arbitrator who shall mean work days (Monday through Friday) be designated by mutual agreement between the Union and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement the District. The fees and expenses of the grievance, arbitrator and of a Court Reporter shall be shared equally by the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated Union and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1District. in matters where a method or review is mandated by law or by any ruleEach party, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievancehowever, shall file a written notice with his/her lieutenant with a copy to bear the Employee Relations Representative within ten (10) workdays cost of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the responseits own presentation, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal serviceincluding preparation and post hearing briefs, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenif any.

Appears in 1 contract

Sources: Memorandum of Understanding

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at for resolving a grievance follows the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement steps below. Grievances shall be resolved without a work stoppage and are subject to resolution under this Agreementwithout delay. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Step 1 An Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, grievance shall file a written notice informally discuss the grievance with his/her lieutenant with supervisor for that work within thirty (30) calendar days following the occurrence of the subject matter of the grievance, or within thirty (30) calendar days of the Employee having a copy reasonable opportunity to become aware of the occurrence, whichever is later. Every effort shall be made by the Employee and his/her supervisor to informally settle the grievance through forthright discussion. The Employee, upon request, has the right to have a ▇▇▇▇▇▇▇ involved in the discussion. A decision shall be rendered by the Employer to the Employee Relations Representative and to the ▇▇▇▇▇▇▇, if involved in the discussion, within ten (10) workdays business days of the initial discussion. Step 1 shall not apply to group, Union or policy grievances initiated by the Parties to this Agreement. These grievances shall commence at Step 3 and must be submitted in writing on the proper form by one Party to the other Party within thirty (30) calendar days of the occurrence of the subject matter of the grievance, or within thirty (30) calendar days of when the issue occurred or when the employee became either Party has had a reasonable opportunity to become aware of the issue. The parties will attempt to resolve occurrence, whichever is the later. Step 2 If no informal settlement is reached, the grievance shall be written on the proper form and presented by meeting a ▇▇▇▇▇▇▇ to the Director of Program Delivery, or designate within ten (10) workdays of business days. The form shall record the filing nature of the grievance, the date and circumstances from which it arose, and the remedy requested. The lieutenant Director of Program Delivery or designate will provide then investigate the employee or Association Representative grievance and render a written response decision to the Union within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction business days of receipt of the employee grievance. Step 3 If no settlement is reached, a meeting/teleconference shall be convened between the Vice ▇▇▇▇▇▇▇ of Open Learning and/or designate, the grievor, the ▇▇▇▇▇▇▇, and the Director of Human Resources or designate within ten (10) workdays business days after the response from the Director of Program Delivery or designate. A FPSE Representative may attend or monitor the response, the employee may file a meeting/teleconference when requested. A written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy decision shall be rendered to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held Union within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenbusiness days.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as to be a charge by either party to this Agreement that controversy between the Commission on the one hand and the Union or employee or employees on the other has violated one or more expressed provisions hand, which controversy must pertain to any of the following: (a) any matter relating to working conditions not specifically covered by this Agreement; any matter involving the interpretation of any provision of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement ; any matter involving the violation of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section any provision of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1Agreement. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of If an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes feels that he/she he has a grievance, he shall file a written notice with his/her lieutenant with a copy report the matter to the Employee Relations Representative Commission in the manner outlined in the grievance procedure but, pending settlement, he shall perform all his duties faithfully. The Union shall appoint a Grievance Committee of four members who may be changed from time to time, and whose names shall be communicated to the Commission. Should any grievance arise, the parties shall make a sincere and determined effort to resolve such valid in the following manner. All grievances shall be submitted and answered written form. The grievance shall be discussed with the employee’s Regional Supervisor in the case of Store Clerks; Warehouse Supervisor in the case of Warehouse Staff; or Purchasing Supervisor in the case of Bottle Exchange and Supplies and Stationery Department staff, or their respective designates, within ten (10) workdays of when seven days from the issue occurred or when the employee became aware date of the issueevent causing the grievance. The parties supervisor will attempt reply to resolve the grievance by meeting within ten (10) workdays five days from the date of the filing receipt of the grievance. The lieutenant will provide Failing satisfactory settlement at Step One, the employee or Association Representative a written response member of the Grievance Committee shall forward the grievance to the Division Head or his Deputy and meet or communicate with the Division Head or his Deputy within ten (10) workdays from seven days of receipt of a decision rendered in Step One, and the meetingDivision Head or his Deputy shall render his decision within five days after the meeting or communication with him. If the matter is not satisfactorily resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with , the commander with a copy Grievance Committee shall take it to the Employee Relations RepresentativeManager within twelve days of receipt of a decision in Step Two. At The Employee Relations Manager shall meet with the time Committee within ten days and shall render his decision within five days after the matter has been heard. The Grievance Committee shall be entitled to have a representative of personal service, the employee or Association Representative shall schedule a grievance Union present at any meeting with the commander Employee Relations Manager. Either or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative both parties may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenhave Counsel present at such meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Notwithstanding the Grievance Procedure, as outlined in Article when a grievance arises out of this procedure is the failure of the Joint Job Evaluation Committee, or the Joint Job Evaluation Referees, to secure at the lowest possible levelresolve matters relating to Job Descriptions or Job Ratings, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement may file a grievance, as provided for in Article except that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance initially filed at Step Three, as provided for in Article (Step and that said Job Evaluation Grievance shall be submitted within ten (10) workdays following days of receiving the discovery written decision of the actJoint Job Evaluation Committee Referees or within ten days of the written decision of the Joint Job Evaluation Committee, if the Referee process is not used. Y Notwithstanding the Arbitration Procedure, as outlined in Article the Corporation or the Union decides that a grievance, arising out of a job evaluation-related natter involving a fob description or job rating, is to submitted to Arbitration, notification shall be given in writing, to the Party opposite in interest, within one month of the written opinions of the Joint Yob Evaluation Referees, if such are used, or within one (1) calendar month of the condition which gave rise written decision of the Joint Job Evaluation if the Such notification shall be submitted by registered mail, in accordance with Article. and shall indicate the and address of the referring Party's recommended Arbitrator. recipient of such notice shall, within ten working days thereafter, the other of the and address of its recommended Arbitrator. Y in selecting the Chairman, it shall be the responsibility of the parties to advise the prospective Chairman that it is the express desire of. the parties to the grievanceGrievance that, at a and place convenient to the Arbitrator, the Employer and the Union, a will constitute forfeiture be convened for the express and singular purpose of fully acquainting the Arbitrator on the specifics of the Joint Job Evaluation in effect and governing the Wage and Salary Should an Arbitrator be appointed by the Office of Arbitration, the provisions as provided for in Article above, shall be transmitted to the Office of Arbitration as a condition of M An employee shall have the right to filehave access to review his personne1 record and make copies of any material contained in his record. Furthermore, any grievance determination not appealed to Such access may be gained by making an appointment the succeeding level within Human Resources Department. Such review and copies will be undertaken and made under the time limits expressed herein shall be considered as closedscrutiny of the Director or Assistant Director of Human Resources. When it is mutually agreed by M In view of the partiesorderly procedure established for the of employees and/or management's complaints and grievances, the time limits expressed herein may Corporation agrees that it will not cause or direct any lock-outs of its employees for the duration of this agreement and the Union agrees there will be extendedno strikes or other collective action which will stop or interfere with. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level services of the grievance procedure. Should Corporation for the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative duration of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reachedagreement. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose Any Employee having a specified grievance alleging a violation of this procedure is Agreement, a violation or deviation from an established County or departmental policy or procedure, or a failure of the County or department to secure at comply with a policy, procedure, method, practice or regulation of the lowest possible levelCounty or department shall, mutually satisfactory resolutions within fifteen (15)working days of the alleged grievance, take the matter up with the Sheriff or the Sheriff's designated representative, who shall attempt to grievances, which may arise during adjust the term grievance with the terms of this Agreement Agreement, County or departmental policy, procedure, method, practice or regulation. The employee shall be required to attend the Step 1 meeting and are subject every step thereafter. The employee shall be entitled to resolution under have a Union representative and Business Agent present at this Agreementstep. B. A Any employee may request the Sheriff or the designated representative of the Sheriff to call one of the designated local union representatives to handle a specified grievance is defined as a charge by either party to with the Sheriff or the designated representative of the Sheriff. In this Agreement that case, the other has violated one or more expressed provisions Union representative will be notified without undue delay and without further discussion of this Agreementthe grievance. This procedure shall not unduly delay the operations of the Sheriff's Department. C. As used in this Article, “days” The Union shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written be entitled to submit a grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department bargaining unit or a particular class of employees in accordance with the following safeguards and conditions. i. A grievance shall be initiated by considered proper provided it alleges a violation of this Agreement, a violation or deviation from an established County or departmental policy or procedure, or a failure of the Chief County or designee by filing department to comply with a policy, procedure, method, practice or regulation of the County or department. ii. The grievance shall be filed within fifteen (15) working days of the event or occurrence giving rise to the grievance. iii. No fewer than two (2) recognized officers of the bargaining unit and the Business Agent shall present the grievance with the Association President or designee within 10 workdays at Step 1, and shall suffer no loss of when the issue occurred or UNM became aware pay if scheduled to work. iv. No fewer than two (2) recognized officers of the issuebargaining unit and the business agent of the POAM shall sign the grievance advanced to Step 2. G. Failure v. The Sheriff or the Sheriff's designated representative shall provide a verbal or written response to submit a the grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work calendar days of the response this level, Step 1 presentation or the employee or Association Representative Union may advance the grievance to Step Three2. vi. On grievances other than suspensions The grievance, if advanced, shall be subject to all the provisions of Steps 3 and terminations 4. D. A grievance shall be considered resolved and shall not be advance through the grievance procedure when the parties are agreed upon a remedy. 8.2: Step 2 ▇. ▇▇▇▇▇▇▇▇▇▇ shall be considered settled at Step 1unless reduced to writing on appropriate forms signed by the aggrieved employee and delivered to the office of the Sheriff or designee within ten (10) calendar days after the meeting or adjourned meeting at Step 1. In this is case a meeting will be arranged within fifteen (15) working days between the last step prior designated representative of the Union, the Business Agent, the Grievant(s), and the Sheriff or the Sheriff's designated representative for the purpose of attempting to arbitrationsettle the grievance at the department level. Only suspensions The Sheriff or designee shall provide a written decision within ten (10) working days to the Union. B. A grievance shall be considered resolved and terminations may shall not be advanced through the grievance procedure when the parties are agreed upon a remedy. 8.3: Step 3 A. Grievances shall be considered settled at Step 2unless delivered to the third stepHuman Resources Office within seven (7) calendar days after completion of Step 2. Step Three – If The Human Resource Director shall serve as the matter is not resolved to the satisfaction of the employee within tenCounty's Grievance Representative.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose A grievance is a complaint in which it is claimed that either party failed to comply with the specific written terms of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, agreement and which may arise during the term involves either a charge of a violation of this Agreement agreement or a dispute concerning the interpretation or application of this agreement, and are subject may be processed as a grievance as hereinafter provide the Association may process a grievance in behalf of an employee or group of employees without his/her consent. Should any grievance arise, the same shall be brought to resolution under this AgreementLevel I within 30 days of occurrence. B. A Level I - Any member who believes he/she has a grievance shall present such grievance to their immediate supervisor on an informal basis. If the grievance is defined not resolved within fifteen (15) working days of occurrence, the grievance shall be reduced to writing and submitted to the supervisor within two (2) working days. Note: working days for all non-twelve month employees during their summer break shall be converted to calendar days as a charge by either party pertaining to this Agreement that the other has violated one or more expressed provisions of this Agreementgrievance time lines. C. As used Level II - The grievance may invoke the formal grievance procedure on the form set forth in this Articleannexed Schedule D., “days” signed by the grievant and a representative of the Association, which form shall mean work be available from the Association representative. A copy of the grievance form shall be delivered to the supervisor. If the grievance involves more than one building or position, it maybe filed with the superintendent or a representative designated by him/her. Within three (3) working days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the receipt of the grievance, the name supervisor shall meet with the grievant and the Association in an effort to resolve the grievance. The supervisor shall indicate his/her disposition of the employee(s), grievant. The administration shall have the circumstances and facts upon which it is based, the Section option of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable using supportive personnel in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level stage of the grievance procedure. Should . D. Level III - If the Association fail to meet grievant is not satisfied with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt disposition of the grievance, or if no disposition has been made within three (3) working days of such meeting (or six (6) working days from the date of filing at Level II, whichever shall be later) the grievance shall be transmitted to discuss the superintendent or his/her designee. Within five (5) working days, the superintendent or his/her designee shall meet with the grievant on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) working days of such meeting, and shall furnish a copy thereof to the grievant. E. Level IV - If the grievant is not satisfied with the disposition of the grievance by the superintendent or his/her designee, the grievant within five (5) working days of receipt of the disposition of the Superintendent from Level III, must appeal to the Board the decision of the Superintendent and request a Board Hearing. The Board, no later than its next regular meeting or two calendar weeks, which ever shall be later, may hold a hearing on the grievance, and attempt review such grievance in executive session (only if the subject of the grievance qualifies under the “Open Meetings Act” law as a resolutionsubject that can be heard in a closed session) or give such other consideration as it shall deem appropriate. Within ten Disposition of the grievance in writing by the Board shall be made no later than seven (107) workdays following the meeting the commander will provide the employee or Association Representative a written response days thereafter. A copy of such disposition shall be furnished to the grievance. If, in Association. F. Level V - If the opinion grievant is not satisfied with the disposition of the employee or grievance by the Association Representative a satisfactory settlement is not obtained within the ten (10) work days Board of the response this levelEducation, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations appeal may be advanced taken to the third stepan impartial arbitrator. Step Three – If the matter Such appeal is not resolved to the satisfaction of the employee be effected within tenfifteen

Appears in 1 contract

Sources: Master Agreement

GRIEVANCE PROCEDURE. A. The purpose Any and all disputes and differences whatsoever between the Board on the one hand and the Association or any of this procedure is to secure at its members or employees of the lowest possible levelBoard on the other hand, mutually satisfactory resolutions to grievances, which may arise during concerning the term meaning or application of a specific provision of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable exclusively settled in the following instancesmanner and there shall be no interruption of the business of the District. It is agreed that the time limitations set forth herein are of the essence and that no action or matter not in compliance therewith shall be considered the subject of a grievance, unless said time limitations are extended by written agreement of both parties to this Agreement. No grievance shall be entertained or processed unless it is submitted within thirty (30) days after the first asserted violation. It is understood that an attempt to resolve a potential grievance will be made informally through discussion between the grievant(s) and his/her immediate supervisor before a formal grievance is filed. The grievance procedure shall be as follows: 1Step 1 Any grievant(s) who has/have a grievance shall submit it in writing, with the remedy sought, to and discuss it with his/her immediate supervisor. A grievance shall set forth the facts and the specific contract provisions upon which the complaint is based in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2sufficient detail to allow the immediate supervisor to respond thereto. In matters where UNM is without authority to actThe grievant(s)supervisor shall answer all written grievances in writing within three (3) days after such presentation. The grievant(s) may have his/her Association representative(s) present if he/she wishes. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing Step 2 If the grievance with is not settled in Step 1 and the Association President grievant(s) wishes to appeal, the grievance may be referred by him/her in writing to the Superintendent or his designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays days after the answer in Step 1 and shall be signed by both the grievant(s) and the Association representative(s). The Superintendent or his designee shall discuss the grievance with the grievant and an Association representative within three (3) days at a time mutually agreeable to the parties. The Superintendent or his designee shall give his written answer to the Association and the grievant within three (3) days following their meeting. Step 3 If the discovery grievance is not settled in Step 2 and the Association, but not the grievant, desires to appeal, the grievance may be referred in writing by the Association to the Board within ten (10) days after the answer in Step 2. The Board shall, at its next meeting, at least five (5) days after receipt of the actappeal, or discuss the condition which gave rise grievance with the grievant(s) and the Association representative(s). The Board shall give its written answer to the grievance, will constitute forfeiture Association within ten (10) days after the Board meeting. Failure of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail Board to respond to a grievance within one month will be considered a denial. Step 4 If the time limits expressed hereingrievance is not settled in accordance with the foregoing procedure, the Association (but not the grievant), may appeal refer the grievance to arbitration within thirty (30) days after receipt of the Board’s answer in Step 3. The Association or the Board may submit the grievance to final and binding arbitration. The American Arbitration Association (AAA) shall be requested to submit the names of the suggested arbitrators to the next level parties. The parties shall select an arbitrator in accordance with AAA rules. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement or any applicable Board policy. He/she shall consider and decide only the specific issues submitted to him/her in writing and shall have no authority to make any decisions or recommendation on any other issue not so submitted to him/her. The arbitrator shall be with without power to make decision contrary to or inconsistent with or modifying or varying in any way the applicable laws and rules and regulations having the force and effect of the law. The arbitrator shall submit in writing his/her decision within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever is later. The arbitrator's decision shall be based solely upon his/her interpretation of the meaning or application of the specific terms of this Agreement involved to the facts of the grievance procedurepresented. Should the Association fail to meet with the University within 10 workdays The decision of the filing arbitrator shall be final and binding on the parties and shall be immediately implemented. The fees of the grievance or should the Association fail to respond to a grievance initiated arbitrator shall be borne equally by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained Board and the Association. No other joint expenses shall be considered as limiting the rights incurred except by mutual written agreement of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” All grievances shall mean work be filed within fifteen working days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the grievanceevent, matter, or occurrence that gives rise to such dispute or matter, and if a determination or matter is not grieved it shall be deemed accepted and acceptable and all parties shall waive the right to grieve the matter. Once timely filed, the name procedural steps of the employee(s), grievance procedure shall be as follows: Step 1: The employee shall present the circumstances and facts upon which it is based, basis for a grievance to the Section of this agreement allegedly violated ▇▇▇▇▇▇▇ and the remedy being sought. E. The term ▇▇▇▇▇▇▇ shall advise the employee of rights of grievance and the procedure relevant thereto shall not employee’s right to be deemed applicable in represented at all times throughout the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated process by the Chief Association or designee counsel employed by filing the grievance with employee (though the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of reserves the right to filecounsel, on its own or such employee’s behalf, but it does not have the duty to hire any such counsel). Furthermore, any The ▇▇▇▇▇▇▇ shall assist the employee in presenting the grievance determination not appealed to the succeeding level within Town, and to reach an amicable solution. The presentation to the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein Town may be extended. Either oral or written, and in the Association or employee who has entered grievances on their own behalf, may drop them at any Stepevent the matter is not resolved within 10 days the matter shall proceed to Step 2. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level Step 2: The second step of the grievance procedure. Should the Association fail to meet procedure shall require that a formal written grievance be filed with the University Town Highway Superintendent or Town Supervisor within 10 workdays days of the matter becoming eligible to proceed to Step 2. The Town shall, within 5 business days of receipt thereof, issue a formal response, and the grievance shall proceed to bargaining and discussions based only upon those statements. Any documents, witnesses, employees, or persons necessary to resolve the grievance or dispute may be required to attend the grievance meeting, and the parties shall resolve the dispute or grievance within 10 days of the filing of the Town’s responding statement. If not so resolved, the grievance or should the Association fail shall proceed to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained Step 3. All Step 2 procedures shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, memorialized in writing, by and the Employee Relations Representative Association and the Employer shall have the opportunity to present or request the submission and consideration of written documents and materials and oral testimony from any settlements reachedperson. J. Step 3: The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any third step of the grievance procedure shall require that a formal written notice of a desire to provide advice and support proceed to Step 3 be delivered to the parties. K. Grievances other party by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative pursuing party within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work 14 days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If date that the matter is not resolved to the satisfaction of the employee within tenbecame eligible for consideration under Step

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose Should any question arise concerning the application, interpretation, administration or an alleged violation of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term provisions of this Agreement between the Company and are subject to resolution under this Agreement. B. A any employee, or the Union, the following procedure shall apply: Step When a dispute arises, the employee concerned the shop ▇▇▇▇▇▇▇ shall discuss the matter with the supervisor concerned. Either the ▇▇▇▇▇▇▇ or the manager or supervisor may request the presence of the allegedly aggrieved employee at any step in the grievance is defined as a charge by either party to this Agreement procedure. Step In the event that the other has violated one dispute is not resolved in the first step, the employee shop ▇▇▇▇▇▇▇ may submit a grievance in writing to the General Manager, or more expressed provisions the Company designee, within ten (1 working days after the employee became or should have become aware of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement the matter which is the subject of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing If the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance is not settled within ten (10) workdays following working days from its submission to the discovery General Manager or designee, the Union Grievance Committee may (within a period of ten (10) working days after the expiration of the actsaid ten (10) working days), request a meeting with the General Manager, or the condition which gave rise to the grievancedesignee, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after Union Grievance Committee and such meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative take place within ten (10) workdays working days after the request is filed. Appropriate minutes will be kept of when this meeting and will be signed by both parties. If either party, following the issue occurred exercise of the grievance procedure, wishes to refer a matter to arbitration as provided in Article hereof, it shall, within thirty (30) days of the completion of the last meeting contemplated in Step hereof, give to the other party to this Agreement written notice of its intention to arbitrate at the same time specifying one of the following list of arbitrators as being not acceptable: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ The party receiving the said notice of intention to arbitrate shall, within two (2) working days, by way of telephone, acknowledge receipt of the said notice and, at the same time, specify one of the remaining list of arbitrators as being not acceptable; thereafter, the party submitting the matter to arbitration shall reciprocate by striking one of the remaining arbitrators the list and the parties shall continue to alternate striking names from the list until such time as a single name remains on the list and he shall be deemed thereby to have been appointed the arbitrator to hear the matter in dispute by mutual agreement of the parties, and he shall be notified forthwith as provided for in the letter in Appendix A to this Agreement. In the event that the arbitrator so appointed should prove unable to hear the case, the selection process shall be repeated again from the beginning. Should no arbitrator from the panel be available, and failing agreement in selecting an alternate, either party may request the Minister of Labour to appoint an arbitrator. An arbitrator, to whom any grievance may be submitted in accordance with this Article, shall have jurisdiction and authority to interpret and apply the provisions of this Agreement insofar as shall be necessary to the determination of such grievance, but shall not have jurisdiction or when authority to alter in any way, or to add to, or subtract from, or modify any of the terms of this Agreement. If it is determined by the arbitrator that any employee has been disciplined, suspended or discharged without proper cause, the arbitrator may make any decision which is just and equitable and which may, or may not, include the full reinstatement of the employee. If it is determined by the arbitrator that an employee has been disciplined for proper cause and the disciplinary measure has resulted in the suspension or dismissal of the employee, the arbitrator may substitute such other penalty for the discharge, suspension or discipline as the arbitrator deems just or reasonable in all circumstances. The hearing must commence within six (6) weeks from the date of acceptance by the arbitrator to the hearing of the grievance. Any and all time limits fixed by this Article may be extended or shortened by mutual agreement between the Company and the Union. At any stage of the grievance procedure, including arbitration, the conferring parties may have the assistance of the employee became aware of or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the issueconferring parties to have access to the plant and to view disputed operations and to confer with the necessary witnesses, provided that these arrangements do not cause cost to the Company or interfere with Company operations. The parties will jointly bear the expense of an arbitrator in equal portions except that no party shall be obliged to pay the cost of stenographic transcription without express consent. No person may be appointed as an arbitrator who has been involved in an attempt to resolve the grievance by meeting within ten (10) workdays of the filing of negotiate or settle the grievance. The lieutenant will provide In the case of an arbitration hearing, employees who suffer no loss in regular pay shall consist of the and one (1) additional employee or Association Representative a written response within ten (10) workdays from the meetingbargaining unit, who shall be determined by the Union. If Witnesses, other than the matter and the one (1) additional employee, shall be released from work without pay for the time necessary to present their evidence and shall thereafter return to work. This Article is not resolved intended to constitute a limit on the satisfaction number of witnesses who may be required. The decision of the arbitrator shall be final and binding upon the parties and upon any employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenaffected by it.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose Any dispute arising concerning the interpretation of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term express terms of this Agreement shall be the subject of a grievance and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement shall be processed in accordance with the following procedure, except that the other has violated one or more expressed provisions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and term "grievance" shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement apply to the schedule of the grievance, the name salaries and rates of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated pay and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: classification of jobs or to any other matter as to which (1. in matters where ) a method or of review is mandated prescribed by law or by any rulerule or regulation having the force and effect of law, regulation, resolution or bylaw of UNM and; (2. In matters where UNM ) the Village is without authority to act. F. Grievances submitted on behalf B. A grievance of an employee or employees shall be presented in writing to the Personnel Administrator within five (5) working days from the occurrence giving rise to the grievance, or of actual or constructive notice thereof. C. In the event such grievance is not resolved within five (5) working days from such presentation, it shall then be presented in writing, by the Association, to the Village Manager. D. In the event that such grievance is not disposed of under Section 3, the Employer, or the Association, not later than ten (10) days after presentation under Section 3, shall have the right to submit the issue to binding arbitration before an impartial arbitrator. The submission shall include a brief statement setting forth precisely the express provision of this Agreement to be interpreted by the arbitrator. The arbitrator shall issue his binding decision not later than ten (10) days from the date of the Department closing of the hearings or, if oral hearings have been waived, then from the date of transmitting the file, statements and proofs to the arbitrator. The decision shall be initiated by in writing and shall set forth the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware arbitrator's interpretation of the issue. G. Failure express provision of this Agreement submitted. The arbitrator shall limit his decision to submit a grievance the interpretation of the express provisions of this Agreement submitted to him or her. The decision of the arbitrator shall be binding. In the event the parties are unable to agree upon an impartial arbitrator within ten (10) workdays following days after request for arbitration as hereinabove provided, then the discovery Voluntary Labor Arbitration Rules of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the American Arbitration Association shall be notifiedapplied to the proceeding for the purpose of selecting an arbitrator, in writing, and the arbitrator shall be selected as therein provided. The arbitrator's fee and the costs and expenses of the arbitration proceeding will be shared equally by the Employee Relations Representative of any settlements reachedparties to the dispute. J. The Employee Relations Representative E. If the Association fails to proceed within any of the stated time periods provided for in this procedure, then the Association and the aggrieved employee shall be provided a copy of all grievances submitted committed to Step One and all subsequent steps the position of the grievance procedure. Employer as last stated by it. F. The copy employee designated or elected to process grievances or administer the terms of the Agreement shall be provided by allowed four (4) hours per month, noncumulative, from his or her duties for the initiating party. The Employee Relations Representative or designee may be called by either party at any step performance of the grievance procedure to provide advice and support to the partiesthis obligation. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meeting. If the matter is not resolved to the satisfaction of the employee within ten (10) workdays of the response, the employee may file a written grievance at Step Two. Step Two – The written grievance is filed with the commander with a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of the response this level, the employee or Association Representative may advance the grievance to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. 8.01 A grievance is defined as a charge claim, in writing, by an employee, or by either party to this Agreement agreement, that there has been a misunderstanding in the other has violated one interpretation, application, or more expressed provisions administration of this Agreement. C. As used in this Articlethe agreement, “days” shall mean work days (Monday through Fridayor an alleged violation of the terms of the agreement. The grievance should state the provision(s) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement of the agreement which is the subject of the grievance, the name of the employee(s), the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being soughtresolution sought by the grievor. E. The term grievance 8.02 An ▇▇▇▇▇▇▇ effort shall be made to settle grievances fairly and the procedure relevant thereto shall not be deemed applicable promptly in the following instances: 1. in matters where a method or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM andmanner; 2. In matters where UNM is without authority to act.8.03 Step 1 F. Grievances submitted on behalf of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10a) workdays following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has feels there are grounds for a grievance, he shall file a written notice have the option to first discuss the matter with his/her lieutenant with a copy to the Employee Relations Representative within ten (10) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meetingDirector where they are employed. If the matter is not resolved as a result, or if the employee prefers initially, he may within a period of five (5) working days of the actual occurrence of the event on which the grievance is based, submit a grievance to the satisfaction Director. b) The Director shall meet with the grievor within five (5) working days of the submission. The employee shall have the assistance of a ▇▇▇▇▇▇▇. c) The decision of the Director shall be given in writing within five (5) working days of the meeting. 8.04 Step 2 a) If the employee is not satisfied with the result of Step 1, he may, within five (5) working days of his receipt of the reply, submit the grievance to the Executive Director. b) The Executive Director, or designee, will meet with the grievor and a ▇▇▇▇▇▇▇. The Union national representative shall attend the meeting. The ▇▇▇▇▇▇▇, or the national representative shall speak on his behalf. c) The Executive Director or designee shall provide a written answer within ten (10) workdays calendar days of the responsemeeting being held. It is understood that the ten (10) days shall be extended to fourteen (14) calendar days should the Executive Director determine that the advice of the Board of the Association is required. 8.05 a) A grievance may be originated by; the Employer, the employee may file Union, or a written group of employees, provided the issue is not one which could have been grieved by an individual employee. The grievance at Step Two. Step Two – The written grievance must be exchanged between the Executive Director and the Unit Chairman, as is filed with the commander with a copy to the Employee Relations Representative. At the time of personal serviceappropriate, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work working days of the response this level, the employee or Association Representative may advance the grievance circumstances which gave rise to Step Three. On grievances other than suspensions and terminations this is the last step prior to arbitration. Only suspensions and terminations may be advanced to the third step. Step Three – If the matter is not resolved to the satisfaction of the employee within tenit.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. The purpose A Grievance is a difference arising between the Company and the Union or any Employee from the interpretation, application, administration, or alleged violation of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement. B. A grievance is defined as a charge by either party to this Agreement that the other has violated one or more expressed provisions pro- visions of this Agreement. C. As used in this Article, “days” shall mean work days (Monday through Friday) and shall not include holidays or time when UNM’s Administrative Offices are closed. D. A written grievance must contain a statement . Without restricting the general- ity of the grievanceforegoing, this includes the name right of Management to lodge a grievance against the Union starting at Step Both parties agree that it is of the employee(s)utmost to adjust complaints and grievances as quickly as possible and therefore, within twenty-five (25) days after the circumstances and facts upon which it is based, the Section of this agreement allegedly violated and the remedy being sought. E. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances: 1. in matters where a method oc- ▇▇▇▇▇▇▇▇ or review is mandated by law or by any rule, regulation, resolution or bylaw of UNM and; 2. In matters where UNM is without authority to act. F. Grievances submitted on behalf origin of the Department shall be initiated by the Chief or designee by filing the grievance with the Association President or designee within 10 workdays of when the issue occurred or UNM became aware of the issue. G. Failure to submit a grievance within ten (10) workdays following the discovery of the act, or the condition which gave circumstance giving rise to the grievance, will constitute forfeiture the following procedure shall be followed. Step The Director of Manufacturing shall hold a meeting with the Union's Grievance Committee to attempt a settle- ment of the right to file. Furthermore, any grievance determination not appealed to the succeeding level dispute within the time limits expressed herein shall be considered as closed. When it is mutually agreed by the parties, the time limits expressed herein may be extended. Either the Association or employee who has entered grievances on their own behalf, may drop them at any Step. H. Should UNM fail to respond to a grievance within the time limits expressed herein, the Association may appeal to the next level of the grievance procedure. Should the Association fail to meet with the University within 10 workdays of the filing of the grievance or should the Association fail to respond to a grievance initiated by the Chief or designee after meeting with him/her within 10 workdays, UNM may appeal to arbitration. I. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. The individual will advise the Employee Relations Representative of this decision. In such cases, the Association shall be notified, in writing, by the Employee Relations Representative of any settlements reached. J. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and all subsequent steps of the grievance procedure. The copy shall be provided by the initiating party. The Employee Relations Representative or designee may be called by either party at any step of the grievance procedure to provide advice and support to the parties. K. Grievances by the employee or the Association shall be presented as outlined below: Step One – A bargaining unit employee who believes that he/she has a grievance, shall file a written notice with his/her lieutenant with a copy to the Employee Relations Representative within ten (105) workdays of when the issue occurred or when the employee became aware of the issue. The parties will attempt to resolve the grievance by meeting within ten (10) workdays of the filing of the grievance. The lieutenant will provide the employee or Association Representative a written response within ten (10) workdays from the meetingdays. If the matter is not resolved satisfactorily settled at this level within five (5) working days of receiving the grievance then it may be submitted to the satisfaction Vice President, Human Resources of the employee within ten (10) workdays Welland plant or a designate for disposition. Step If there is an outstanding grievance, the Vice President, Human Resources of the response, the employee may file Welland plant or a written grievance at Step Two. Step Two – The written grievance is filed with the commander with designate shall hold a copy to the Employee Relations Representative. At the time of personal service, the employee or Association Representative shall schedule a grievance meeting with the commander or designee. This meeting should be held within ten (10) workdays following receipt of the grievance, to discuss the grievance, and attempt a resolution. Within ten (10) workdays following the meeting the commander will provide the employee or Association Representative a written response to the grievance. If, in the opinion of the employee or the Association Representative a satisfactory settlement is not obtained within the ten (10) work days of receiv- ing the response this level, decision from the employee or Association Representative may advance Union that they are processing the grievance to Step Three. On grievances other than suspensions and terminations this is with the last step prior to arbitration. Only suspensions and terminations Union Grievance Commit- tee, who may be accompanied by the Representative of the International Union assigned to service the Local, or a designate. The Vice President, Human Resources of the Welland plant or a designate shall state the decision in writing to the Representative within (5) working days of such meeting, or at a time mutually agreed upon. A copy of the decision will be given to the local Union President. The Union shall have the right to initiate group grievances, or grievance of general nature, under Step Should the Union to carry on a grievance within the time allowance set out in this article, or agreed upon, then the grievance shall be deemed to be abandoned. If the time allowance or any agreed upon extensions are not observed by the Company, then the grievance will be considered to have advanced to the third stepnext stage. Arbitration. If arbitration is to be invoked, the request for arbitration must be made in writing within thirty (30) days of the decision of the Vice President, Human Resources of the Welland plant or a designate under Step Three – The notice shall contain names of arbitrators that are recom- mended as chairmen. The recipient of the notice shall within fifteen (15) working days advise the other party which of the recommended names is acceptable or submit another of recommended arbitrators. If the matter is not resolved Company and the Union fail to the satisfaction of the employee agree upon a Chairman within tenFifteen

Appears in 1 contract

Sources: Collective Agreement