GRIEVANCE PROCEDURE. A. A grievance, subject to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.). Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. The Grievance form is attached as Appendix A.
A. Both parties recognize that it is desirable to solve disputes in an amicable manner without recourse to the formal Grievance Procedure whenever possible. If an individual teacher or the Association has a complaint to discuss with the Supervisor, they will first meet with that Supervisor to discuss the complaint before resorting to the Grievance Procedure.
B. A grievanceclaim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or Board Policy referenced in this agreement shall be processed as a grievance as hereinafter provided. Any action that might constitute an unfair labor practice is subject to the following procedure, shall include any and all disciplinary action taken by formal Grievance Procedure until such time as either the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by teacher or the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin Association files an unfair labor practice charge with the second step provided herein. In the event the University does not respond to a grievance within the MERC.
C. The time limits set forth herein, provided in this Article shall be strictly observed. Failure of the Union may appeal grievant or the Association to move the grievance to the next appropriate step in a timely fashion shall indicate the grievance has been satisfied and/or waived. Time constraints may be extended by written agreement of the parties. For the purposes of this Article, unless otherwise indicated, "days" shall be days when the administration offices are open. Day 1 shall commence at 12:01 a.m. of the day immediately following the action initiating time constraints and shall conclude at the next midnight. Subsequent days shall be computed in like manner.
D. If a teacher or the Association does not file a grievance in writing with the principal or other designated Board representative within twenty-five (25) days after the occurrence giving rise to the grievance, then the grievance shall be considered waived.
E. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article.
1. The termination of services of, or failure to re-employ any probationary teacher.
2. The placing of a non-tenure teacher on an additional period of probation.
3. Any claim or complaint for which there is another required procedure or forum established by law or by regulation having the force of law.
F. The sole remedy available to any teacher for any alleged breach of this Agreement or any alleged violation of his rights hereunder, will be pursuant to the Grievance Procedure. A ; provided, however, that nothing contained herein when the grievance has not appealed been waived or adjusted will deprive any teacher of any legal right which he presently has, provided that if a teacher elects to the next progressive step pursue any legal or statutory remedy, such election will bar any further provision of the this Article.
G. Any teacher at any time may present grievances in accordance with this Grievance Procedure within to seek adjustment. Upon the specified time limits after receipt teacher filing a written acceptance of a disposition any determination at any level, any Grievance Procedure shall be considered settled pursuant halted and the grievance shall be deemed to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1be fully resolved. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 Association representative shall be responsible for making certain that all relevant contentions and evidence, that are available given opportunity to be present at the time and have been developed and considered, are presented at Step 2. The grievance settlement of any such grievances.
H. It shall be signed by the aggrieved Employee or Employees and general practice of all parties to process grievances during times which do not interfere with assigned duties. In the event proceedings are held during regular working hours, teachers directly participating in such proceedings shall set forth the subject be released from assigned duties without loss of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,salary.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. The purpose of this procedure is to provide an orderly method for resolving grievances. A grievancedetermined effort shall be made to settle any such differences at the lowest possible level in the grievance procedure. It is understood that there shall be no suspension of work, subject slowdown, or curtailment of services while any difference is in process of adjustment or arbitration pursuant to the following procedureterms of this Agreement.
B. A "Grievance," as is used in this Agreement, shall include any and all disciplinary action taken means a claim by the UniversityUnion that the terms of this Agreement have been violated, except or that a dispute exists concerning the proper application or interpretation of this Agreement. Grievances shall be processed in accordance with the following procedures within the stated time limits.
C. Steps in the grievance procedure for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the interpretations:
STEP 1: The Union may appeal representative shall present the grievance to the next appropriate step division Executive Director, Senior Manager or designee within ten (10) business days of knowledge of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits act or event being grieved, and they shall have ten (10) business days after receipt of the grievance within which to meet and resolve the issue. Note: The Union should contact the Labor Relations Officer (LRO) if there is a disposition shall question as to who the appropriate designee would be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
address the contractual concern at Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of STEP 2: In the date it is reasonable to assume event that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement resolution is not reached, The Employee or Xxxxxxx shall reduce and the Union Business Representative believes the grievance to has merit, the grievance shall be submitted in writing on forms supplied by the Employer and submit same to the Executive Director of the Unit Employee Services or a designated representative designee within twenty-five (525) working business days of receipt knowledge of the Supervisor's answer, act or in the case of a grievance filed by the Xxxxxxx 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 2event being grieved. The grievance shall be signed by specify the aggrieved Employee act or Employees and shall set forth the subject of the grievance (what happened?)event grieved, the date of the infractionoccurrence, the aggrieved Employee (if applicable)identity of the employee(s) who claims to be aggrieved, the article specific provision of the contract Agreement that has allegedly been violated (and how), the adjustment soughtviolated, and the facts necessary to support the grievanceremedy sought. The Director Employer will not be required to process a grievance until this information is provided. Grievances that do not meet this condition or his/her designated representative shall call a meeting with are otherwise unclear will be identified by the Grievance Committee, not to exceed three (3) in number, in addition Employer and referred back to the President and Secretary, within Union for written clarification. Time limits as they apply to this step will be suspended for up to five (5) working business days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,to allow for union response.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievanceFor the purpose of this Agreement, subject a grievance shall be a written statement by a teacher that a disagreement exists over the application of the term or terms of the Agreement between the Association and the Board and Board Policy. All grievances shall contain a concise statement of the disagreement and the contract provision(s) which is/are alleged violated. Every effort shall be made to settle grievances at the lowest possible level of the grievance procedure.
Step 1 - An aggrieved teacher shall promptly attempt to resolve the grievance informally between the teacher and his or her principal or immediate supervisor. If the grievance is not resolved informally, it shall be reduced to writing by the teacher who shall submit it to 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 interpretationprincipal. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University If a teacher does not respond to a grievance within the time limits set forth herein, the Union may appeal the submit his grievance to the next appropriate step of principal in writing in accordance with Step 1 within fifteen (15) days after the Grievance Procedurefacts upon which the grievance is based first occur, the grievance will be deemed waived. A grievance not appealed The principal will reply in writing to the next progressive step of teacher with a copy to the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor Association within five (5) working school days after receipt of its occurrence the written grievance.
Step 2 - If the grievance is not settled in Step 1 and the teacher wishes to appeal the grievance to Step 2, the teacher may file the grievance in writing to the Superintendent of Schools within ten (10) school days after receipt of the principal's written answer. The written grievance shall give a clear and concise statement of the alleged grievance including the fact upon which the grievance is based, the issues involved, the agreement provisions involved, and the relief sought. The Superintendent or his representative shall thoroughly review the grievance, arrange for necessary discussions, and give a written answer to the teacher no later than ten (10) school days after receipt of the written grievance.
Step 3 - If the grievance is not settled at Step 2, the teacher may within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied after a decision by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reachedSuperintendent, The Employee or Xxxxxxx shall reduce refer the grievance to writing on forms supplied by the Employer and submit same to Board of Trustees through 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 Xxxxxxx 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 2Superintendent. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support Board will then at their next meeting hear the grievance. The Director or his/her designated representative Neither party shall call a meeting with be permitted to assert in the Grievance Committee, proceedings any evidence which was not to exceed three (3) in number, in addition submitted to the President and Secretaryother party before the completion of Step 2 meetings. The Board may uphold, within five (5) working days of receipt modify or overturn the ruling of the grievanceSuperintendent. Upon conclusion of the hearing, the Board will have six (6) days to provide its written decision to the grievant. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days Board will attempt to hear grievance outside of this meetingschool hours. If satisfactory settlement the Board finds it necessary to hear a grievance during school hours, the grievant and necessary witnesses shall suffer no loss of pay for attendance at the Board's hearing. Each party shall bear all costs of producing their own witnesses, preparation of exhibits and other materials to include the production of a record or transcript of the preceding unless such record or transcript is not reached,desired by both parties.
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
GRIEVANCE PROCEDURE. A. Section 1. A grievancegrievance under this Agreement shall be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the following grievance procedure, .
Section 3. All grievances shall include any and all disciplinary action taken be reduced to writing on forms provided by the University, except Union. The Xxxxxxx shall clearly and concisely state all facts which constitute the basis for discipline the grievance and shall specify any Article or Section of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance the Agreement which may be filed involved. The grievance form shall be dated and signed by the Xxxxxxx on behalf and at least one employee who claims a violation of all Employees similarly situated this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in which event processing of said grievance will begin writing, as described in Section 3, within twenty (20) calendar days after the discussion with the second step provided hereinSupervisor involved as outlined in Section 6 below.
Section 5. In Any time limit imposed upon the event handling of grievances shall commence on the University does not respond date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance within by first discussing it with the time limits set forth hereinsupervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union may appeal Xxxxxxx and the grievance grievant, if the aggrieved employee is willing and able to attend. The discussion with the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits supervisor or his or her designee shall be held promptly after receipt of a disposition the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be considered settled pursuant made available to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor the Union Xxxxxxx within five (5) working calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union Xxxxxxx of its occurrence the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within five seven (57) working calendar days of the date it is reasonable to assume that he/she became aware of itrequest unless mutually waived. The Employee has Human Resources representative, or designee, shall render a decision in writing to the right Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that the Xxxxxxx a grievance mediation session shall be called without undue delay held every month for the purpose of attempting mediating up to adjust eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be accompanied reduced to writing and submitted to the Chief Xxxxxxx who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 employee at the time and have been developed and considered, are presented at Step 2of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The grievance arbitrator shall be signed by have no authority to alter, amend or change in any way the aggrieved Employee or Employees terms and conditions of this Agreement and shall set forth the subject confine their decision to a determination of the grievance (what happened?)facts and interpretation, administration of, and compliance with the date terms of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,Agreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievanceCharges Against Employees Any employee against who charges may be received shall be required to report to his immediate non-union supervisor but not on his designated days off unless agreed upon by the employee. It is understood and agreed that any employee working the midnight shift who agrees to report on his day off, or is required to report prior to their normal start time, or after their normal completion time shall be paid a minimum of two (2) hours pay at the regular rate. It is further understood and agreed that this minimum pay shall not apply if the employee required to attend does so less than 20 minutes prior to commencement or within 20 minutes of the completion of his normal shift or hours of work. Any meetings taking longer than 20 minutes after the end of the shift will be paid for the duration of the meeting only. His case shall be considered and dealt with according to the rules and regulations of the Employer and according to the provisions of the collective agreement. An employee’s complaint shall not be received as a grievance until his immediate non- union supervisor has had an opportunity to adjust the complaint. Such employee may bring with him a member of the appointed or designated union representative.
5.1 No grievance shall be considered or be subject to the following procedure, shall include any and all disciplinary action taken Grievance Procedure unless:
a) it is presented in writing on a Standard Grievance Form properly indicating: • date of presentation; • nature of grievance; • remedy sought; • clauses if the Agreement allegedly violated or the alleged occurrence said to have caused the grievance;
b) it is presented in writing within ten (10) calendar days after the occurrence of the incident upon which the grievance is founded to the Director of Administration or his designate.
c) it is signed by the University, except for discipline of probationary Employees, grievor and/or the union representative.
d) Grievance forms shall be available to the Union and any and all questions and disputes involving contract interpretation. A grievance may be filed supplied by the Xxxxxxx on behalf Employer.
5.2 Step One A designated management person, but not the person initiating the charge against the grievor shall hear, discuss and consider the grievance in the presence of all Employees similarly situated the grievor who shall be represented by his union representative. Failing immediate settlement, after investigation, a decision shall be given in which event processing of said grievance will begin with writing to the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, grievor and the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working calendar days of the date it is reasonable to assume that he/she became aware of it. The Employee has hearing.
5.3 Step Two If the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement decision at Step One is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same considered satisfactory to the Director of the Unit or a designated representative within five (5) working days of receipt of the Supervisor's answergrievor, or in the case of a grievance filed by the Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and SecretaryUnion, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer an appeal in writing within three ten (310) working calendar days may be filed with the General Manager or his designate who agrees to hear, discuss and consider the grievance in the presence of this meetingthe grievor and members of the appointed or designated Union Committee. If satisfactory settlement is not reached,Failing immediate settlement, after investigation and hearing pertinent witnesses, if any, a decision shall be given in writing to the grievor and the Union within ten (10) calendar days after receipt thereof. The failure to communicate the Management decision to the Union within the aforementioned time period will automatically result in the grievance being upheld.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance is defined as an alleged violation of a specific Article or Section of this agreement. Any grievance or dispute concerning wages, subject to hours, working conditions which may arise between the parties of this agreement concerning the application, meaning or interpretation of this agreement shall be settled in the following procedure, shall include any and all disciplinary action taken by the Universitymanner, except for discipline as otherwise prohibited herein.
B. The number of probationary Employeesdays indicated at each step of the grievance procedure should be considered as maximum, and any every effort should be made to expedite the grievance process, especially in the case of discipline. All time limits herein shall consist of working days unless otherwise specified.
C. The time limits specified herein for movement of grievances through the process shall be strictly adhered to and all questions and disputes involving contract interpretation. A grievance may be filed extended by mutual consent of the Xxxxxxx on behalf of all Employees similarly situated parties in which event processing of said grievance will begin with the second step provided hereinwriting. In the event that the University does not respond Union or Employee fails to appeal a grievance within the time limits set forth hereinstated in this procedure, the Union may appeal grievance shall be deemed abandoned or settled on the basis of the Board of Education’s last written answer. In the event the Board of Education representative does not reply within the time limit specified, the grievance may proceed to the next appropriate step of the Grievance Proceduregrievance procedure.
D. On the "Statement of Grievance" form furnished by the Union, the Employee will indicate whether or not the Employee wants Union representation at the grievance hearings. A The Employer agrees to supply all information which the Union requests to process any grievance not appealed to the next progressive step or complaint.
E. Grievances regarding disciplinary action shall begin at Step 2 of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1grievance procedure. An Employee having a grievance shall present it to his/her Supervisor within Within five (5) working days of its occurrence an incident that forms the basis for a grievance or within knowledge thereof, the Union and the Employee will present the grievance to the Employee’s immediate administrator with the objective of resolving the matter informally. Within five (5) working days after presentation of the date it is reasonable grievance, the immediate administrator may give an answer verbally to assume that he/she became aware of itthe Employee. The Employee has may have the right chief xxxxxxx and/or chapter chairperson present. The Union must clearly indicate to request that the Xxxxxxx be called without undue delay for the purpose administrator whenever a concern is being expressed as a grievance. The statement of attempting to adjust grievance on the grievance and form shall name the Employee(s) involved, a statement of the facts giving rise to the grievance, identify all the provisions of the agreement alleged to be accompanied by violated and indicate the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same relief requested with a copy given to the Director of Union and 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 Xxxxxxx 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 grievant 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A The purpose of this Article is to provide a procedure for the consideration of concerns pertaining to a contract dispute which is defined as an alleged violation, misapplication, or misinterpretation of the specific provisions of this Agreement that has adversely affected an employee or class of employees.
B. Any employee may present grievances relating to a contract dispute to the District and have such grievances adjusted without the intervention of the Union as long as adjustment is not inconsistent with the terms of this Agreement. Upon final resolution of the grievance, subject to the following procedure, Union shall include any receive a copy of the grievance and all disciplinary action taken by the University, except for discipline of probationary Employees, proposed resolution and any and all questions and disputes involving contract interpretationmay file a response. A The Union may file a grievance may be filed by the Xxxxxxx on behalf of any member of the bargaining unit.
C. Most grievances arise from misunderstandings or disputes which can be settled promptly and satisfactorily on an informal basis at the immediate management supervisory level. The District and the Union agree that efforts will be made by management and the aggrieved party to settle grievances at the lowest possible level. Inasmuch as dissatisfactions and disagreements arise among people in any work situation, the filing of a grievance shall not be construed as reflecting unfavorably upon an employee's good standing, performance, or loyalty or desirability to the District. Employees, employee representatives, and all Employees similarly situated other persons involved in which event processing the presentation of said a grievance will begin with be free from restraint, interference, coercion, discrimination, or reprisal.
D. Failure by the second step provided herein. In District to adhere to decision deadlines constitutes the event right for the University does not respond aggrieved to a grievance within the time limits set forth herein, the Union may appeal the grievance automatically to the next appropriate step (higher level). Failure of the Grievance Procedure. A grievance not appealed employee or Union to adhere to the next progressive step of submission deadlines shall mean that the Grievance Procedure within employee is satisfied with the specified time limits after receipt latest decision and waives any right to further appeal. However, nothing prevents the parties from extending the dates by mutual written agreement.
E. Until final disposition of a disposition shall be considered settled pursuant grievance takes place, the grievant is required to such last step answer or withdrawn without prejudice (W.W.P.)conform to the original direction of his/her management supervisor.
Step 1. An Employee having F. All documents dealing with the processing of a grievance shall present it be filed separately from the official personnel files of the participants.
G. An employee who is employed by the District and whose presence is necessary during his/her working hours at any meeting, conference, or hearing required by this procedure shall, upon notice to his/her Supervisor within five (5) working days immediate management supervisor, be released without loss of its occurrence pay.
H. When a grievance has been filed by an employee or within five (5) working days Union, the grievant may terminate the grievance at any time by giving written notice to the District. Failure to comply with time limits, to attend scheduled meetings to discuss or hear the grievance, or to provide requested information at the grievant's disposal relating to the subject matter of the date it is reasonable to assume that he/she became aware grievance shall be deemed a termination of itthe grievance by the employee. The Employee District shall also be required to give written notice of such termination to the employee.
I. The grievant has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 representation 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 subject any step of the grievance (what happened?)procedure. The grievant, the date however, shall be present at each step of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,grievance procedure.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline grievance is defined as an alleged misinterpretation or misapplication of probationary Employees, and any and all questions and disputes involving contract interpretationa specific article or section of this Contractual Agreement. A grievance may be filed by any Faculty Member, a group of Faculty Members, or the Xxxxxxx on behalf Association. The Faculty Member, at each step of the proceeding, may elect to invite an advisor/observer to be present. The Administrator at any step of the proceeding may elect to invite an advisor/observer to be present. Court reporters shall not be allowed to attend grievance meetings held pursuant to Section E 1, GRIEVANCE PROCEDURE, of the Contractual Agreement and record such meetings except by mutual consent. A representative of the Association may elect to be present at each step of the process. The Association may choose to join in support of the grievant at any point in the grievance process. The Association may introduce evidence from previous grievance files in support of the current grievance of a Faculty Member(s). Use of this Grievance Procedure will not deny subsequent access to other legal procedures, except as specifically provided in this Contractual Agreement. Any and all Employees similarly situated in which event processing adjustments resulting from use of said this procedure must be consistent with the terms of this Contractual Agreement. The grievance will begin with be submitted in writing, signed by the second step provided hereinalleged grieving Faculty Member(s), and will list the specific articles or sections violated and describe the alleged incident and specify the remedy requested. In the event the University grievance does not respond to a grievance within the time limits set forth hereininvolve instructional Deans, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)initiated at Step 2.
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five : Within ten (510) working days of its occurrence or within five (5) working instruction days of the date it is reasonable time a grievance arises, or when the cause of the grievance could reasonably have been known by the grievant, [in no case more than forty (40) instruction days for the individual grievant after the cause of the grievance] the Faculty Member or Association at the request of the Faculty Member, will present a written, signed statement of grievance to assume that hethe appropriate Xxxx/she became aware Director with notification to the Association. Within eight (8) instruction days after notification of itthe grievance a meeting will take place between the Faculty Member and the Xxxx/Director and/or appropriate designees and a representative of the Association if requested by the Faculty Member. The Employee has Xxxx/Director shall give the right to request that Faculty Member and the Xxxxxxx be called without undue delay for Association a written answer within eight (8) instruction days after the purpose of attempting to adjust meeting.
Step 2: If the grievance and to be accompanied is not resolved in Step 1 by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 SupervisorXxxx'x/Director's answer, or in answer the case of a Faculty Member may continue the grievance filed by within eight (8) instruction days to the Xxxxxxx on behalf of all Employees similarly situated, appropriate Vice President. If the grievance does not involve instructional Deans the Faculty Member may grieve within five ten (510) working instruction days of the date it is reasonable to assume that time a grievance arises, or when 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 subject cause of the grievance could reasonably have been known by the grievant [in no case more than forty (what happened?), 40) instruction days for the date individual grievant after the cause of the infractiongrievance], to the aggrieved Employee (appropriate Vice President with a signed, written statement of grievance. A copy shall be given to the Xxxx/Director, if applicable), the article Xxxx/Director was involved in Step 1 of the contract that has allegedly been violated (and how), the adjustment soughtgrievance, and to the facts necessary to support the grievanceAssociation. The Director appropriate Vice President or his/her designated representative shall call a meeting meet with the Grievance Committee, not to exceed three Faculty Member and a representative of the Association within eight (3) in number, in addition to the President and Secretary, within five (5) working 8) instruction days of receipt of the grievance. The Director, appropriate Vice President or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,designated
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Contractual Agreement
GRIEVANCE PROCEDURE. A. A grievanceComplaints
(a) It is the mutual desire of the parties hereto that complaints of employees be adjusted as quickly as possible and it is understood that if an employee has a complaint, subject the employee shall discuss it with the immediate supervisor or designate, within ten (10) days of the day on which the employee should reasonably have become aware of the occurrence or origination of the circumstances giving rise to the following procedurecomplaint in order to give the immediate supervisor or designate an opportunity of adjusting the complaint. The discussion shall be between the employee and the immediate supervisor or designate, unless the employee requests that the union xxxxxxx be in attendance. The response of the immediate supervisor or designate shall include any be given within five (5) days after the discussion with the employee. The immediate supervisor shall mean one who is not a member of the bargaining unit and all disciplinary action taken who is directly responsible for the supervision of the employee.
(b) Notwithstanding the foregoing, an employee on layoff, approved leave or terminated, may submit a grievance at Step 1 as provided in 6:02, within fifteen (15) days of the day on which the employee should reasonably have become aware of the occurrence or origination of the circumstances giving rise to the complaint.
(c) In the case of an employee being discharged, the employee may submit in writing a grievance signed by the Universityemployee, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor Manager, Human Resources within five (5) working days after the discharge of its occurrence the employee. If the matter is not immediately settled, the grievance shall be heard at Step 2 of the grievance process.
(a) A grievance shall be defined as any difference arising with respect to the interpretation, application, administration or alleged violation of this Agreement.
(b) Failing settlement of a complaint, it shall be taken up as a grievance in the following manner and sequence provided it is presented within ten (10) days of the reply to the complaint given by the immediate supervisor or designate.
(c) Where a grievance pertains to a decision made by the Xxxx’x Administrative Designate as immediate supervisor or unit head, Step 1 of the grievance procedure will be bypassed.
6:03 An employee shall present a signed grievance in writing to the Xxxx’x Administrative Designate setting forth the nature of the grievance, the surrounding circumstances and the remedy sought. The Xxxx’x Administrative Designate shall arrange a meeting within five (5) working days of the date it is reasonable to assume that he/she became aware receipt of itthe grievance at which the grievor shall attend and discuss the grievance. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to grievor may be accompanied at such meeting by the Union Xxxxxxx, if so requested. The Supervisor shall respond orally Xxxx’x Administrative Designate will give the grievor the decision in writing within five (5) working days following the discussionmeeting. If satisfactory settlement the grievor is not reachedsatisfied with the decision, The Employee or Xxxxxxx the grievor shall reduce present the grievance to in writing on forms supplied by the Employer and submit same to the Director of the Unit or a designated representative at Step 2 within five (5) working days of receipt of the Supervisor's answer, or in the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days of the date it is reasonable day the decision was received.
6:04 The grievor shall present the grievance to assume that the Xxxx or Designate. The Xxxx or Designate shall convene a meeting concerning the grievance, at which the grievor shall have an opportunity to be present, within ten (10) days of the presentation, and shall give the grievor and 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer decision in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,five
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance is defined as a dispute between a management representative and an employee or a group of employees, by names, or by the Union, involving the interpretation or application of this Agreement.
B. All employees within the bargaining unit have the right to be represented at any step of the grievance procedure, including the informal step, by the Union. Pursuant to Florida Statutes, certified employee organizations shall not be required to process grievances for employees who are not members of the organization. However, nothing shall prevent any employee from presenting, at any time, his own grievance, subject and having such grievance adjusted, if the adjustment is not inconsistent with the terms of this Agreement and the Union has been given opportunity to be present at any meeting called for the following procedure, shall include any and all disciplinary action taken by the University, except for discipline resolution of probationary Employees, and any and all questions and disputes involving contract interpretation. such grievance.
C. A grievance may be withdrawn at any level but the same grievance may not be filed a second time by the Xxxxxxx same party. After a grievance has been withdrawn by the grievant(s), the Unions are prohibited from continuing the grievance on behalf of the same employee(s).
D. For the purpose of the Grievance Procedure, days are defined as those Board designated work days, Monday through Friday, exclusive of legal Board holidays.
E. For the purpose of a grievance, the grievant may have an authorized Union Representative present at all Employees similarly situated grievance meetings. Grievances will be processed in which event processing such a manner that there will be no interruption of said grievance will begin with normal Board activities and work flow. When appropriate, and in order to facilitate the second step provided herein. scheduling of meetings and resolution of grievances, release time for the participants may be granted by the Board.
F. In the event that the University does employee has a complaint, he/she shall abide by the management decision involved prior to and during the time the grievance is being processed. A grievance not respond to a grievance answered by the School Board within the time limits set forth hereinprovided shall permit the employee, or the Union may appeal the grievance union, where appropriate, to proceed to the next appropriate step of the Grievance Procedurestep. A Any grievance not appealed advanced by the employee(s) to the next progressive higher step within the time limits provided shall be deemed permanently withdrawn and as having been settled on the basis of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)most recently given.
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 8.01 The parties to this Agreement recognize the Stewards and the CLAC Representatives as the agents through which employees shall process their grievance.
8.02 A grievancegrievance is defined as a difference arising out of the interpretation, subject to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of probationary Employeesapplication, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step administration of the Grievance ProcedureCollective Agreement. A grievance not appealed Including any questions as to whether the next progressive step matter is arbitrable and an allegation that this Agreement has been violated.
8.03 It is the mutual desire of the Grievance Procedure within the specified time limits after receipt of a disposition parties that grievances shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1resolved as quickly as possible. An Employee having a It is understood than an employee has no grievance shall present it to until he/she has first given his/her Supervisor immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) working days of its occurrence or within after the circumstances giving rise to the complaint to the employee’s satisfaction with the five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust employee may proceed with the grievance procedure at Step 1.
8.04 The reference to days in this Article excludes Saturdays, Sundays and public holidays, unless explicitly stated otherwise. Time limits mentioned in this Article may be extended with the written consent of both parties.
8.05 No grievance shall be considered or processed where the circumstances giving rise to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within it occurred or originated more than five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce before the grievance to writing on forms supplied by the Employer and submit same is brought to the Director of the Unit supervisors’ attention pursuant to Article 8.03 above.
8.06 A group grievance is defined as a single grievance signed by a Xxxxxxx 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 Xxxxxxx Union Representative on behalf of all Employees similarly situated, within five (5) working days a group of employees who have a complaint of a similar nature and where each employee would be entitled to grieve separately. Such grievance must be dealt with at the successive stages of the date it is reasonable to assume that the Union became aware of itgrievance procedure, commencing with Step 1. Each party’s representative The grievors shall be responsible for making certain that all relevant contentions and evidencelisted on the grievance form. Should such a grievance be referred to arbitration, that are available at the time and have been developed and considered, are presented matter shall be adjudicated as a group greivance.
8.07 The Union or the Employer may initiate a policy grievance consisting of an allegation of a general misinterpretation or a general violation of this Agreement beginning at Step 22 of the grievance procedure. The It is expressly understood that a Union policy grievance cannot be used to institute a grievance directly affecting an employee(s), which such employee(s) could themselves initiate. Such grievance must be filed within ten (10) days from the date the incident giving rise to the grievance became known. A policy grievance shall be signed by the aggrieved Employee Union Representative and submitted to the Employer. An Employer grievance shall be submitted by the Employer to the Union Representative or Employees to a Xxxxxxx and shall set forth the subject be signed by a Representative of the Employer.
8.08 Step 1 An employee having a grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or accompanied by his/her designated representative shall call a meeting with Xxxxxxx if the Grievance Committeeemployee so requests, not must submit the grievance to exceed three (3) in number, in addition to the President and Secretary, his/her supervisor within five (5) working days of receipt of the grievance. The Director, date on which the supervisor responded to or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,ought to have responded to the employee’s complaint pursuant to Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance1. The Guild may appoint a committee to take up with The News any matter arising out of the application of this contract, subject or affecting the relations of the employees and The News. The News and the Guild agree to make every effort to settle every dispute, claim, difference or grievance arising out of this contract, or affecting the relations of the Guild and the employees with The News. Any such matter will be submitted by the complaining party in a letter to the following procedureother, shall include any briefly setting forth the facts giving rise to it, the ground of the complaint and all disciplinary the action taken by sought. The Guild and The News will handle grievances expeditiously and diligently.
2. The parties agree to meet within five days at the University, except request of either party for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the meeting.
3. Any such grievance to the next appropriate step involving a matter arising out of the Grievance Procedure. A grievance not appealed to the next progressive step application of this contract (except renewal or modification of the Grievance Procedure contract) or affecting the relations of the employees and The News not satisfactorily settled within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working 30 days of the date first consideration may be submitted to final and binding arbitration by either party. Such arbitration will be conducted pursuant to the voluntary labor arbitration rules of the American Arbitration Association. The cost of such arbitration will be borne equally by the parties, except that neither party will be obligated to pay any part of the cost of a stenographic transcript without express consent. The arbitrator will not have the authority to amend, change, modify, add to or subtract from any of the provisions of this contract, but will have the authority only to interpret and apply this contract.
4. If any of the following rules, which are not waived by The News, are not complied with by the Guild, the provisions of Section 4A of this article will not be effective as to the issue raised in the grievance.
A. The Guild will invoke this section as follows:
(1) At its option, the Guild may inform The News in writing, ifreceived by The News within five days (excluding Saturday and Sunday) after the act, event or occurrence complained of that it invokes the following provision: Conditions prevailing prior to the time of the act, event or occurrence will not be changed pending final resolution of the said grievance.
(2) However, if the Guild has received two weeks notice by The News prior to the act, event, or occurrence any invocation of the provisions of Section 4A(1) must be made by the Guild within seven days of the giving of such prior notice by The News.
(3) This section is not applicable to editorial decisions of the editor.
B. However, it is reasonable to assume understood that if any award for back pay will be made, such reimbursement will not exceed the amount the employee would have been paid by The News if he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 had continued in the case of a grievance filed by the Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment soughtits employ, and the facts necessary arbitrator will take into consideration whether a deduction will be made for any amounts the employee meanwhile may have earned elsewhere. From such award, if any, will be deducted any amount paid the employee through unemployment insurance. This will not be construed, in any manner, to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, mean that severance pay will be given in addition to back pay awarded to him/her.
C. If Section 4A of this article is invoked, the President and Secretary, within five (5) working days of receipt Guild agrees to arbitration under the expedited arbitration rules of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,American Arbitration Association.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject It is agreed that harmonious relations between the parties require the efficient disposition of grievances.
1. The parties shall provide for a grievance procedure to perform the following functions:
(a) To endeavor to adjust all issues not covered by and not inconsistent with any provision of this Agreement and which the parties are not required to arbitrate under terms of this Agreement.
(b) To endeavor to adjust without arbitration any issue between the parties which under this Agreement the parties are obligated to submit to the following procedureArbitrator. The cost of administering Step II Grievance Meetings, including the retention of a mediator to facilitate resolution of grievances, shall include any and all disciplinary action taken be borne equally by the University, except for discipline of probationary Employees, RAB and any and all questions and disputes involving contract interpretation. A the Union.
(a) The grievance may first be filed by the Xxxxxxx on behalf taken up directly with a representative of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director a representative of the Unit or Union.
(b) If the grievance is not resolved it may be presented for resolution at a designated representative within five Step II Grievance Meeting. Counsel for the Union and Employer may be present at any grievance procedure meeting.
(5c) working days of receipt of the Supervisor's answer, or in the case of If a grievance filed by is not resolved through the Xxxxxxx 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 subject steps of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition procedure it may be submitted to the President and SecretaryArbitrator, within five (5) working days who shall be authorized to take jurisdiction upon the request of receipt either party if there shall be unreasonable delay in the processing of the grievance. The DirectorExcept in extraordinary circumstances, or his/her designated representative the parties will participate in a Step II Grievance Meeting before a grievance proceeds to arbitration and the scheduling of a Step II Grievance Meeting shall give his/her answer not delay arbitration.
(d) Any grievance, except as otherwise provided herein and except a grievance involving basic wage violations, including Pension, Health, Training, Legal and/or SRSF contributions as set forth in Article X, shall be presented to the Employer and the RAB in writing within three (3) working 120 days of this meeting. If satisfactory settlement is not reached,its occurrence, except for grievances involving suspension without pay or discharge, which shall be presented within forty-five
Appears in 2 contracts
Samples: Contractors Agreement, Contractors Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject 25.01 It is the mutual desire of the parties herein that complaints of employees be adjusted as quickly as possible and it is understood that an employee has no grievance unless a complaint has been referred to the following employee’s immediate Supervisor. The Supervisor shall give an oral decision to the complaint with five (5) workdays. If the employee believes that complaint has not been satisfactorily adjusted, she may proceed to the grievance procedure. The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances.
25.02 Unless stated otherwise, 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond reference to a grievance within the time limits set forth herein, number of days in this Agreement shall be a reference to calendar days.
25.03 The Employer or the Union may appeal the shall not be required to consider or process any grievance to the next appropriate step which arises out of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer any action or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within condition more than five (5) working days days, excluding Saturdays, Sundays and holidays after the complaint procedure as outlined in 25.01. If the action or condition is of its occurrence a continuing or within five (5) working days recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties concerning the interpretation, application or administration of this Agreement.
25.04 A “group grievance” is defined as a single grievance, signed by a xxxxxxx or a CLAC Representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the date it is reasonable to assume that he/she became aware of itgrievance procedure, commencing with Step 1. The Employee has the right to request that the Xxxxxxx grievors shall be called without undue delay for the purpose of attempting to adjust listed on the grievance and form. Should such a grievance be referred to arbitration, the matter shall be accompanied adjudicated as a “group grievance”.
25.05 A “policy grievance” is defined as a grievance that involves a question relating to the interpretation, application, or administration of this Agreement. A policy grievance may be submitted by either party at Step 2 of the grievance procedure. A policy grievance submitted by the XxxxxxxUnion shall be signed by a CLAC Representative and submitted to the Employer. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the A policy grievance to writing on forms supplied submitted 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 Xxxxxxx 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 Employer or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,his representative.
25.06 Step 1
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance is a claim by a bargaining unit member, subject to a group of members of the following procedurebargaining unit or the Chapter that there has been a violation, shall include any misinterpretation or improper application of the terms and all disciplinary action taken by the University, except for discipline conditions of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated employment established in which event processing of said grievance will begin with the second step provided herein. this Agreement.
B. In the event a bargaining unit member, a group of bargaining units members, or the University does not respond to Chapter believes there is a basis for a grievance, the party or parties involved shall first discuss the grievance informally with the Department Chairperson or their designee.
C. If, as a result of the informal discussion, the grievance is unresolved, the Chapter may invoke the formal grievance procedure on the form provided by the Chapter and signed by the Chapter and the grievant(s). Step One: The grievant or the Chapter shall file a grievance within 30 calendar days after the time limits set forth hereingrievance was found to exist or should have been found to exist. The grievance shall be filed, in writing, with the Union may appeal Department Chairperson and shall state the reasons for the grievance along with the remedy sought. The grievant and the Chapter shall sign said grievance. The Department Chairperson shall respond to the grievance within 15 calendar days. No response automatically moves the grievance to the next appropriate step step. Step Two: If the Chapter is not satisfied with the disposition of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure at Step One, or if no disposition has been made within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust limits, the grievance and to may be accompanied by filed with the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same Vice President for Academic Affairs with a copy to the Director of Human Resources. The Vice President for Academic Affairs shall respond to the Unit or a designated representative grievance within five (5) working days of receipt 15 calendar days. No response automatically moves the grievance to the next step. Step Three: If the Chapter is not satisfied with the disposition of the Supervisor's answergrievance by the Vice President for Academic Affairs or if no disposition has been made within the time limits, the Chapter may appeal the decision to arbitration if and only if the grievance alleges that there has been a violation, misinterpretation or improper application of the written terms of this Agreement. Reemployment rights and course assignments are not grieveable or arbitrable.
D. The only issues involving discipline which may be submitted to arbitration are those in which a bargaining unit member has been suspended or terminated during a semester in which the bargaining unit member has been actively employed. In any grievance arbitration proceeding regarding termination or suspension, the arbitrator shall be limited to an award of the salary the adjunct faculty member would have received in the case of a grievance filed semester but for the termination or suspension. The arbitrator shall have no authority to award reinstatement or any other relief.
E. Such appeal shall be in writing and shall be mailed by the Xxxxxxx on behalf of all Employees similarly situatedChapter to the Public Employment Relations Commission and the Vice President for Academic Affairs within 15 days. If not, 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 deemed abandoned and terminated.
F. The parties shall obtain a list of arbitrators from the Public Employment Relations Commission, and if the parties cannot agree on an arbitrator from said list within 10 days, the parties shall be bound by the aggrieved Employee or Employees rules of the Public Employment Relations Commission in the selection of an arbitrator. The arbitrator so selected shall confer with the representatives of the College and the Chapter and hold hearings promptly and shall set forth the subject of the grievance (what happened?), issue a decision no later than 30 days from the date of the infraction, the aggrieved Employee (if applicable), the article close of the contract that has allegedly been violated (and how)hearings. The Arbitrator shall have no power to alter, modify, add to or subtract from the adjustment sought, provisions of this agreement. His authority shall be limited to deciding disposition of a violation of the express written terms of the contract. The arbitrator’s decision shall be borne equally by the College and the facts necessary Chapter.
G. The number of days indicated at each level shall be considered as maximum and every effort shall be made to support expedite the process. However, time limits may be extended by mutual consent.
H. The College agrees to furnish any documents that may be reasonably or lawfully required to process grievances in accordance with this Article.
I. No reprisals of any kind shall be taken against any unit member for participating in any grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,.
J. A grievance may be withdrawn at any level.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance10.1 The purpose of this article is to establish a procedure for the fair, subject expeditious and orderly processing of grievances and is to be used only for the following proceduresettlement of disputes between this city and an employee, shall include any and all disciplinary action taken by the University, except for discipline or group of probationary Employees, and any and all questions and disputes involving contract interpretationemployees. A formal grievance is a written dispute, claim, or complaint involving the interpretation and application of the terms of this Agreement. The person(s) filing the grievance shall be identified as the Grievant. Employee grievances will normally involve circumstances particular to an employee, which constitute an alleged contract violation or appeal of a disciplinary action. If an employee elects not to challenge an adverse action, such election shall not be considered as precedent for similar future matters. In the event that a grievance involves a group of employees and is dependent upon a common fact situation within the bargaining Unit, the grievance shall be deemed a class action grievance and may be filed by the Xxxxxxx Union at Step Two of the grievance procedure within ten (10) working days from the date the grievants knew or should have reasonably been aware of the alleged contract violation. All employees in the same common fact situation shall be bound by the resolution of the grievance and no further individual grievances concerning this common fact will be processed.
10.2 Nothing in this Article or elsewhere in this Agreement shall be construed to permit the Union to process a grievance on behalf of all Employees similarly situated any employee without his consent. The following Rules of Grievance Processing shall constitute the sole method by which a grievance may be filed and processed. Failing to strictly adhere to these rules shall constitute a waiver of the right to grieve by any potential Grievant.
A. The name of the Union Xxxxxxx assisting the Grievant shall be filed in which event processing of said grievance will begin writing with the second step provided hereinoriginal grievance and the City shall not be obligated to communicate with any other person representing the employee in the adjustment of the grievance. In If the event Grievant is not represented by the University does not respond to a grievance within the time limits set forth hereinUnion, the City shall only be required to communicate with the Grievant or the Grievant's representative and any settlement reached shall not be considered as precedent for similar future matters. The Union may appeal the grievance to the next appropriate step shall be notified of the Grievance Procedure. A grievance not appealed to the next progressive any settlement reached
B. Time periods at any step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)extended by timely written mutual agreement of the persons representing the City and Union at that step.
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 C. A grievance shall be dated and signed by the aggrieved Employee Grievant or Employees the Union Representative as it progresses in the grievance step process. Where the City’s representative exercises the option not to render a decision on the grievance, he shall state on the grievance, “Grievance to be moved to the next step”, and sign, date and return to the Grievant. Grievance decisions shall be delivered to the Grievant, in writing, and shall be dated and signed by the City's representative at that step.
D. A grievance which is not advanced by the Grievant or Union to the next step within the time limit provided and has not requested an extension of time shall be deemed by the City and the Union to have been settled on the basis of the most recent decision. If the City's representative fails to respond to the grievance within the time limit set forth in any step and has not requested an extension of time, the Grievant shall be entitled to immediately proceed to the next step.
E. No grievance hearing at any step will commence less than 1.5 (one and a half) hours prior to shifts ending unless mutually agreed to by the Union and management.
F. All references to days in this article are to “working” days excluding Saturday, Sunday, or a City recognized holiday.
G. A written grievance shall be filed on a Grievance Form provided by the City (Appendix E) and shall set forth the subject following:
1) A statement of the grievance (what happened?)including date of occurrence, and details, and facts upon which the grievance is based.
2) The article(s) and sections(s) of the bargaining agreement or applicable City policy and procedure alleged to have been violated.
3) The action, remedy or solution requested by the Grievant.
4) Signature of the Grievant and/or, the date of Union representative.
5) Date submitted. Grievances submitted which do not contain the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (above information may be considered incomplete and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition may be returned to the President employee for correction and Secretary, resubmission. Said resubmission is to be within five seven (57) working days of receipt from the time the grievance is returned.
H. No grievance form may be amended from the original written grievance as filed or as re-filed at the initial step of the grievance. The Director, or his/her designated representative shall give his/her answer in writing grievance procedure.
I. Any grievance which is not received within three (3) working days the time limits established by this Article and/or which does not comply with the procedures and requirements of this meeting. If satisfactory settlement is not reached,Article shall be considered waived and withdrawn by the Grievant and/or the Union.
J. No provision herein shall be construed to prohibit the Grievant from representing himself or from choosing any other representative excluding elected officials and members of the City Attorney's staff, as his grievance representative.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 46.1 A grievancegrievance is any dispute over the application or interpretation of this Agreement, subject to including the arbitrability thereof. Grievances shall be settled in 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 manner:
46.2 Grievances may be filed either by a member of the bargaining unit or by the Xxxxxxx on behalf Union through its President and/or such other officers which the Union designates as officers with that authority, provided, however, that a member of all Employees similarly situated the bargaining unit may file a grievance alleging a violation of this Agreement, or advance any such grievance to the next step in which event processing of said this grievance will begin procedure, only with the second step consent of the Union through its President and/or such officers which the Union designates as officers with that authority.
46.3 Grievances shall specify the section of this Agreement that is alleged to have been violated, the facts giving rise to the alleged violation, and the remedy requested for the alleged violation. The City may reject a grievance which fails to comply with these requirements; however, grievances may be amended and resubmitted at any time before Step III of this grievance procedure, provided hereinthat the amendment does not materially change the substance of the grievance.
46.4 The purpose of the time limits in this grievance procedure is to hasten the resolution of grievances. These time limits may only be modified by agreement between the parties. In the event the University does not respond Chief of Department or Director of Employee Relations fails to provide the Union with a response to a grievance filed by the Union within the time limits set forth specified herein, the grievance shall be deemed to have been denied on the last day for the provision of such response and the Union may appeal advance the grievance to the next appropriate step of in the Grievance Proceduregrievance procedure. A In the event the Union fails to advance a grievance not appealed to the next progressive step of in the Grievance Procedure grievance procedure within the specified time limits after receipt of specified herein, the grievance will be deemed to have been withdrawn. Any time limit concerning grievances that expires on a disposition weekend or a holiday set forth in this Agreement shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)expire instead on the next business day.
Step 1. An Employee having a 46.5 A grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of should be filed at the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust lowest step in the grievance and to be accompanied by procedure in which the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 partyCity’s representative shall be responsible for making certain that all relevant contentions would have the authority to make a final 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt binding resolution of the grievance. The DirectorIn the event a grievance is filed at a step in the grievance procedure which the City deems inappropriate, the City’s representative with whom the grievance was filed shall remand the grievance to the appropriate step.
Step I. If a dispute cannot be informally resolved between a member of the bargaining unit and his or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,immediate
Appears in 2 contracts
Samples: Memorandum of Understanding, Labor Contract
GRIEVANCE PROCEDURE. A. A grievancegrievance shall mean a claim by a member of the bargaining unit or Association that there has been a misinterpretation, subject to the following proceduremisapplication or violation of policies, agreements, or administrative decision affecting terms and conditions of employment (see exceptions contained in Level Five hereinafter). It is intended that Association grievances shall include any and all disciplinary action taken by the University, except be for discipline of probationary Employees, and any and all questions and disputes involving contract interpretationclass actions. A grievance to be considered under this procedure must be initiated by the bargaining unit member or Association within thirty (30) days of the date the bargaining unit member or Association knew or should have known of its occurrence.
(1) It is agreed by both parties that these proceedings will be kept as informal and confidential as may be filed by appropriate at any level of this procedure.
(2) Failure at any step of this procedure to communicate the Xxxxxxx decision on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a disposition grievance to the next step within the specified time limits shall be considered settled pursuant deemed to such last step answer or withdrawn without prejudice (W.W.P.)be acceptance of the decision rendered at that step.
Step 1. An Employee having (3) It is agreed and understood that all members of the bargaining unit or the Association, including the grievant, shall during and notwithstanding the pendency of any grievance, continue under the directions of the Superintendent and continue to observe all assignments and applicable rules and regulations of the Board until such grievance or grievances and any effect thereof shall have been fully determined.
(4) Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process.
(5) The grievance by the Association shall be instituted at Level Three.
C. Level One: Any member of the bargaining unit who has a grievance shall present discuss it first with his principal or, if the employee does not report to his/her Supervisor a building principal, with the appropriate administrator as defined annually in the Superintendent’s Manual in an attempt to resolve the matter informally at that level. Level Two: If, as a result of the discussion, the matter is not resolved to the satisfaction of the grievant within five (5) working school days, he/she may set forth his/her grievance in writing to his/her principal or to the appropriate administrator as defined in Level One according to the form as provided under Section F, of this article. The principal (or administrator) shall communicate his/her decision to the grievant or the Association in writing with reasons within three (3) school days of its occurrence receipt of the written grievance. Level Three: The member of the bargaining unit or the Association, no later than five (5) school days after receipt of the principal’s decision, may appeal the principal’s decision to the Superintendent of Schools. The appeal to the Superintendent must be made in writing reciting the matter submitted to the principal as specified above and his/her dissatisfaction with decisions previously rendered. The Superintendent shall attempt to resolve the matter as quickly as possible but within a period not to exceed five (5) school days. The Superintendent shall communicate a decision in writing with reasons to the member of the bargaining unit or the Association and the principal. Level Four: If the grievance is not resolved to the satisfaction of the grievant or the Association, he/she, no later than five (5) school days after receipt of the Superintendent’s decision, may request a review by the Board of Education. The request shall be submitted in writing through the Superintendent of Schools who shall attach all related papers and forward the request within five (5) working school days to the Board of the date it is reasonable to assume that he/she became aware of itEducation. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust Board shall review the grievance and to be accompanied by may, at its option, hold a hearing with the Xxxxxxxgrievant and/or the Association. Upon the request of the Association, the Board shall hold a hearing. The Supervisor Board shall respond orally render a decision in writing with reasons within thirty-five (535) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 calendar days of receipt of the Supervisor's answer, or in the case of a grievance filed by the Xxxxxxx on behalf Board or 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 subject of the grievance (what happened?), the date of the infractionhearing with the grievant or the Association, the aggrieved Employee (if applicable), the article whichever comes later. Level Five: No claim by a member of the contract that has allegedly been violated bargaining unit or the Association shall constitute a grievable matter beyond Level Four or be processed beyond Level Four if it is a matter which (a) a method of review is prescribed by law or State Board rule having the force and how)effect of law, or (b) the adjustment sought, Board of Education is without authority to act. If the decision of the Board does not resolve the grievance to the satisfaction of the member of the bargaining unit or the Association and the facts necessary member of the bargaining unit or the Association wishes non- binding or advisory arbitration as set forth hereinafter, they shall so notify the Board in writing through the Superintendent within ten (10) school days or receipt of the Board’s decision. A member of the bargaining unit or the Association in order to support the grievance. The Director or process his/her designated representative grievance beyond Level Four must have their requests for such action accompanied by the written recommendation for such action by the Association. Failure of re-employment of a non-tenured teacher is not a grievable matter at any level.
D. Procedure for Securing the Services of an Arbitrator: The following procedure will be used to secure the services of an arbitrator:
(1) The Voluntary Labor Arbitration Rules, then obtaining, of the New Jersey Board of Mediation, except as modified herein, shall call apply.
(2) The parties mutually agree to designate a meeting with sole umpire who shall hear all arbitrable controversies between the Grievance Committee, not to exceed three parties.
(3) in number, in addition The arbitrator shall limit himself/herself to the President issues submitted to him/her and Secretaryshall consider nothing else. He/she can add nothing to, nor subtract anything from, the Agreement between the parties or any policy of the Board of Education. The recommendations of the arbitrator shall be advisory. Only the Board and the aggrieved and his representatives shall be given copies of the arbitrator’s report of findings, reasons, and recommendations. This shall be accomplished within five thirty (530) working days of receipt the completion of the grievance. arbitrator’s hearings.
(4) The Director, or his/her designated representative Board and the Association shall give his/her answer use the Public Employment Relations Commission’s rules and procedures for the selection of an arbitrator in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,each case.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance shall be an alleged violation of the expressed terms of this Contract.
B. The Association shall designate a representative to handle grievances when requested by the grievant.
C. The term "days" as used herein shall mean days in which school is in session except grievances filed near the end of the school year in which case "days" shall mean calendar days, excluding Saturdays, Sundays and holidays.
D. The number of days indicated at each level may be waived by mutual written consent of the Board representative and the grievant.
E. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The discharge or demotion of a tenured teacher. The statutory proceedings specified by the Michigan Teacher Tenure Act, MCL 38.71 et seq. shall govern the discharge or demotion of a tenured teacher exclusively and the discharge or demotion shall not be subject to grievance or arbitration under the following grievance procedure, shall include any and all disciplinary action taken .
2. The discharge or non-renewal of a probationary teacher. The statutory proceedings specified by the UniversityMichigan Teacher Tenure Act, except MCL 38.71 et seq. shall govern the discharge or non-renewal of a probationary teacher and the discharge or non-renewal of a probationary teacher shall not be subject to grievance or arbitration and the grievance procedure.
3. The termination or nonrenewal of a teacher in any extra duty position.
4. Any claim or complaint for discipline which there is another remedial procedure or forum established by law or by regulation having the force of probationary Employeeslaw.
5. Any matter involving the content of a teacher's evaluation.
F. All grievance procedures and investigations by the Association will be processed during times which do not interfere with assigned duties.
G. Any individual teacher at any time may present grievances to his/her employer and have the grievances adjusted without intervention of the Association representative, if the adjustment is not inconsistent with the terms of the Contract or Agreement then in effect and any and all questions and disputes involving contract interpretation. if the Association representative has not been denied the opportunity to be present in such adjustment.
H. A grievance may be filed by the Xxxxxxx on behalf President of all Employees similarly situated in which event processing the Association when it is felt that an alleged violation has occurred that affects the Association. This type of said grievance will begin with at Level Two.
I. Back pay adjustment where applicable will be limited to the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal date the grievance was filed in writing, and to the next appropriate step amount actually lost, with deduction of all sums earned during the Grievance Procedureback pay period. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)The Board will have no liability for any special compensation claims.
Step 1. An Employee having a grievance shall present it J. The sole remedy available to any teacher for any alleged breach of this Agreement or any alleged violation of his/her Supervisor within five (5) working days rights hereunder will be pursuant to the grievance procedure; provided, however, that nothing contained herein will deprive any teacher of its occurrence or within five (5) working days of the date it is reasonable to assume that any legal right which he/she became aware presently has, provided that if a teacher elects to pursue any legal or statutory remedy, such election will bar any further or subsequent proceedings for relief under the provisions of it. The Employee has this Article.
K. In the right course of investigation of any grievance, representatives of the Association will report to request that the Xxxxxxx be called without undue delay for principal of the building being visited and state the purpose of attempting the visit immediately upon arrival.
L. Every effort will be made to adjust avoid the involvement of students in all phases of the grievance procedure.
M. The written grievance shall be on a form prepared and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to Board which will provide for 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 Xxxxxxx 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 itfollowing:
1. 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 It shall be signed and dated by the aggrieved Employee grievant or Employees and grievants;
2. It shall set forth the subject be specific;
3. It shall contain a synopsis of the grievance (what happened?)facts giving rise to the alleged violation;
4. It shall be specific as to the Article, Section, or Sub-sections, of the contract alleged to have been violated;
5. It shall contain the date of the infraction, alleged violation;
6. It shall specify the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,relief requested.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievanceRecognizing that reconciliation and disposition of grievances is in the best interests of the school children and the general public whom both Employer and Employee serve, subject to all grievances which may arise out of the interpretation of the provisions of this Agreement shall be resolved as expeditiously as possible in accordance with the following procedure, shall include any and all disciplinary action taken by :
Step 1. The aggrieved Bargaining Unit Member will first discuss the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereinprincipal or immediate superior or a designated representative with the objective of resolving the matter informally. In the event that informal discussions with the University does not respond to a grievance within principal or the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director of the Unit individual's immediate superior or a designated representative within five (5) working days of receipt of do not resolve the Supervisor's answergrievance, or in the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, if no meeting takes place 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 consideredframe after a reasonable effort; the aggrieved Bargaining Unit Member shall file a grievance, are presented at Step 2in writing, on the proper form by presenting such grievance to the building principal within fifteen (15) school days after the alleged occurrence. The grievance shall be signed by identify the aggrieved Employee or Employees specific article(s) and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article line number(s) of the contract that has allegedly is (are) alleged to have been violated violated. The building principal shall reply in writing, to the employee with respect to such grievance within ten (and how)10) school days after receipt of the written grievance. Any employee initiating an alleged grievance, at his or her request, may be represented by the Association at any stage of the grievance procedure.
Step 2. If the grievance is not resolved by step 1 to the satisfaction of the employee, the adjustment sought, and grievance may be referred to the facts necessary superintendent or to support his designated representative within ten (10) school days following the grievancebuilding principal's reply. The Director superintendent or his/her his designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in numberreply, in addition writing, to the President employee with respect to such grievance within ten (10) school days after the matter has been referred to him. The superintendent or his designated representative must provide the grievant and Secretary, within five (5) working days of receipt his representative an opportunity to present the grievance if the grievant requests it.
Step 3. If the grievance is not resolved by step 2 to the satisfaction of the grievanceemployee, the grievance may be referred to the Board of Education at its first regular meeting occurring ten (10) days or more after the superintendent's reply. The DirectorBoard of Education shall reply, or his/her designated representative shall give his/her answer in writing writing, to the employee within three ten (310) working days following the meeting at which the grievance has been referred. A Board level hearing may be held by mutual agreement of this meetingthe parties.
Step 4. If satisfactory settlement the grievance is not reached,resolved by step 3 to the satisfaction of the Southern Lehigh Education Association, the grievance may be referred to an arbitrator for a binding decision pursuant to Section 903 of the Act within ten (10) school days after the Board's response in accordance with step 3.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject 21.01 The Association shall appoint a Grievance Committee consisting of up to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days persons from among the members and shall file the name of the date it is reasonable to assume that he/she became aware of it. The Employee has Chairperson annually with the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance Fire Chief and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director of Human Resources, shall be notified of any changes made in the Unit or a designated representative within five (5) working days of receipt grievance Chairperson throughout the year. The management of the SupervisorFire & Emergency Services for the Town will, where possible, ensure that in cases where a Fire Fighter may be subject to discipline, a member of the Association's answerGrievance Committee is notified and is in attendance. There may arise, however, occasions when immediate disciplinary action must take place or when the Associations representative cannot be available on a timely basis. In these situations, management may take whatever steps it deems necessary to ensure that the appropriate discipline of the Fire Fighter is carried out and a member of the Association's Grievance Committee will be advised as quickly as possible thereafter.
21.02 Should any complaint or grievance arise, believed contrary to this Agreement, or in as a result of any action involving an individual member or members of the case Association, the Fire Fighter or Fire Fighters concerned with the presence of a grievance filed by the Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with member from the Grievance Committee, not may then proceed as follows to exceed three receive explanation, clarification, or settlement of the complaint or grievance.
21.03 Stage 1
21.04 Stage 2
21.05 Stage 3
21.06 In the event a grievance is withdrawn, the Association will advise the Director of Human Resources and the appropriate management representatives in writing.
21.07 In cases of discharge the Fire Fighter may within ten (310) days of receiving notice of such discharge require a hearing of the Committee of the Whole by delivering a notice in number, in addition writing to that effect to the President and Secretary, within five (5) working days Clerk. At such hearing the Fire Fighter may be represented by Counsel. Failing settlement the matter may be referred to Arbitration at the option of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,either party.
Appears in 2 contracts
Samples: Working Agreement, Working Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to 5.1 Any dispute between the following procedure, shall include any City and all disciplinary action taken by the University, except for discipline of probationary Employees, Union or between the City and any and all questions and disputes involving contract employee covered by this Agreement concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be deemed a grievance. A grievance An employee at any time may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to present a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step City and have such grievance adjusted without the intervention of the Grievance Procedure. A grievance Union, if the adjustment is not appealed to inconsistent with the next progressive step expressed terms of this Agreement and if the Union has been given notice of the Grievance Procedure within grievance and reasonable opportunity to be present at any meeting called for the specified time limits after receipt resolution of a disposition such grievance. Grievances regarding suspension, demotion, and termination must be filed at Step 3 of the grievance procedure. There shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)no change in the nature of any grievance after it is filed.
Step 1. 5.1.1 An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee employee has the right to request that the have a Union representative, Union officer or Shop Xxxxxxx be called without undue delay for the purpose present at each step of attempting to adjust the grievance and to procedure.
5.2 A grievance shall be accompanied by the Xxxxxxx. processed as follows:
Step 1 - The Supervisor grievance shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to be submitted in writing on forms supplied by the Employer and submit same to the Director of the Parking Enforcement Unit or a designated representative Commander within five twenty (520) working days of receipt of the Supervisor's answer, or in the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working business 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 2alleged contract violation. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject include a description of the grievance (what happened?), incident and the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievanceit occurred. The Director or his/her designated representative shall call parties agree to make every effort to settle the grievance at this stage promptly. The Unit Commander should consult and/or arrange a meeting with the Grievance Committeeemployee’s supervisor or such other person as is necessary to resolve the grievance. Within ten (10) business days after being notified of the alleged grievance, the Unit Commander shall make arrangements for a grievance meeting and shall answer the grievance in writing within ten (10) business days after the grievance meeting. The Unit Commander shall answer the grievance in writing within ten (10) business days after being notified of the alleged grievance.
Step 2 - If the grievance is not to exceed three (3) resolved as provided in numberStep 1, it shall be submitted in addition writing by the Union to the President and Secretary, Bureau Chief with a copy to the City Director of Labor Relations within five ten (510) working business days of after the receipt of the grievanceStep 1 answer. The DirectorStep 2 grievance shall state the section(s) of the Agreement allegedly violated, or his/her designated representative shall give his/her answer in writing within three (3) working days provide a detailed explanation of this meetingthe grievance, and identify the remedy sought. Step 3 - If satisfactory settlement the grievance is not reached,resolved as provided in Step 2 above, the grievance, as presented in Step 2, as well as a statement of the Union identifying in general those issues that remain unresolved, shall be forwarded by the Union within ten (10) business days after the Step 2 answer to the City Director of Labor Relations with a copy to the Chief of Police. The Union may also include a statement of the Union’s reasons for not accepting the Step 2 response.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A An employee having a grievance, or one designated member of a group having a grievance, will first take up the grievance within fifteen (15) working days after the occurrence of the matter which is the subject of the grievance with supervisor, who will attempt to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereinadjust it. In the event the University does supervisor is not respond able to adjust the grievance, will arrange to send for the Union Xxxxxxx without undue delay and without further discussion of the grievance. Where there is no Union Xxxxxxx available in the employing department, either a full-time Union Xxxxxxx or the Union Local President will be allowed to attend the grievance meeting. Time limits set forth in the Grievance or Arbitration procedures may be extended by mutual agreement in writing between the parties hereto. Saturdays, Sundays and paid holidays will not be counted in determining the time within which any action is to be taken or completed under the Grievance or Arbitration procedures. In the absence of a mutual agreement in writing to extend the time limits between the parties, and where no answer is given within the time limits set forth hereinlimit specified, the Union may appeal grieving party shall be entitled to submit the grievance to the next appropriate step of the Grievance Proceduregrievance procedure. Step One The Union Xxxxxxx and the employee will attempt to adjust the grievance with the supervisor before it is given to the supervisor in writing. 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 Xxxxxxx and the employee involved. The supervisor shall give answer in writing to the Xxxxxxx without undue delay, but not more than five (5) working days after the grievance has been presented in writing. Step Two If the grievance is not settled at Step One, the written grievance may be referred to the proper Designated Authority at the location where the is employed, by the Local Union President within five (5) working days after receiving the answer in writing. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition meeting shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor arranged by the Designated Authority within five (5) working days of its occurrence receiving the grievance. Either party may request the presence of the and the Union Xxxxxxx at the meeting. The Designated Authority shall give answer in writing to the Local Union President without undue delay but not later than five (5) working days after the said meeting. Step Three If the grievance is not settled at Step Two, a written grievance may be referred to the Director of Labour Relations or designate by the Local Union President within five (5) working days of receiving an answer in writing from the date it is reasonable Designated Authority. Either party may request the presence of the Union Xxxxxxx, Local Union President and the National Representative, supervisor or Designated Authority to assume that he/she became aware attend the meeting to present evidence or give assistance in the settlement of itthe grievance. The Employee has the right to request that the Xxxxxxx A meeting shall be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied arranged by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director of Labour Relations or designate with the Unit or a designated representative Local Union President within five (5) working days of receipt of the Supervisor's answer, grievance in order to resolve the dispute. The Director of Labour Relations or designate shall give reply in the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, writing 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 subject of if the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, is not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of settled at this meeting. If satisfactory settlement is not reached,.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievanceSection 9.1 The Agency and the Union recognize that, subject in the interest of effective relationships, a procedure is necessary whereby employees can be assured of a prompt, impartial and fair processing of their grievances. No reprisals shall be taken against any employee initiating or participating in the grievance procedure. The parties recognize and agree that informal resolution of grievances should first be attempted, where reasonably possible, prior to the following proceduresubmission of a formal, shall include any written grievance. The Union and all disciplinary action taken by the University, except for discipline Agency understand and agree that the filing of probationary Employeesfrivolous grievances can be disruptive of good labor-management relations, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal affirms that it will discourage the filing of frivolous grievances. The Union and the Agency agree that they will attempt to discuss the validity of the grievance to determine whether a grievance is frivolous.
Section 9.2 A grievance is a dispute between an employee or the next appropriate step Union and the Agency in which it is alleged that there has been a misinterpretation or violation of an express provision or provisions of this Agreement, or a claim arising as the result of disciplinary action. Any grievance shall contain specific reference to the provision(s) of the Grievance Procedure. A grievance not appealed Agreement allegedly violated, or to the next progressive step specific disciplinary action. The grievance procedure shall not be used to effect changes to, or modifications of, this Agreement. Any alleged violation of or misinterpretation of a provision of the Grievance Procedure within Agency's Personnel Manual may be processed through the specified time limits after receipt of grievance procedure contained in the Personnel Manual. The Union or an aggrieved bargaining unit member may initiate a disposition grievance. The grievant shall be considered settled pursuant have the right to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to process his/her Supervisor within five (5) working days of its occurrence grievance by himself/herself, or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxxa Union representative during meetings concerning his/her grievance. The Supervisor grievant shall respond orally within five (5) working days following notify the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director of the Unit or a designated union representative within five (5) working days of receipt of the Supervisor's answer, or in the case of a grievance filed by the Xxxxxxx 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 subject of the grievance (what happened?), meeting and will be permitted to send an observer.
Section 9.3 Grievances must be completed and filed on the forms provided by the Union and must contain the following information:
1) The aggrieved employee's name and signature;
2) The date the grievance was first discussed;
3) The name of the infraction, supervisor with whom the aggrieved Employee (if applicable), grievance was first discussed;
4) The date the article grievance was filed in writing;
5) The date and time the incident giving rise to the grievance occurred;
6) A description of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary incident(s) giving rise to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3;
7) in number, in addition to the President Each Article and Secretary, within five (5) working days of receipt Section of the Agreement allegedly violated; and,
8) The desired remedy to resolve the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance is defined as an allegation that the terms of this written Agreement have been violated. Where a group of bargaining unit members desire to file a grievance involving a situation affecting each member in the same manner, one member selected by such group may process the grievance as a class action grievance, subject provided each Employee desiring to be included in the class action grievance, signs said grievance. Resolution of grievances shall be pursued in accord with 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 steps: An Employee who has a grievance may discuss the grievance with his immediate supervisor if an oral discussion would be filed by conducive to resolving the Xxxxxxx on behalf matter. An oral discussion will, however, not relieve the Employee from the obligation of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to filing a written grievance within the time limits period set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed shall be reduced to writing and set forth the details of the grievance (i.e. the facts upon which it is based, the approximate time of the occurrence, the relief or remedy requested), and shall be submitted to the next progressive step Employee's immediate superior within ten (10) calendar days after the event which is the cause of the Grievance Procedure within grievance. The day following the specified time limits after receipt date of a disposition the occurrence shall be considered settled pursuant the first day of the ten (10) day period. The immediate superior should give his answer in writing to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An the Employee having a grievance shall present it to his/her Supervisor within five (5) working calendar days after the grievance was presented to him. Step Two If the grievance is not resolved at Step One to the satisfaction of its occurrence or the Employee, it shall be presented to the Employee's department head within five (5) working calendar days of the decision of the superior at Step One. If the superior has failed to respond to Step One, the grievance must be submitted to the Chief of Police within twenty (20) days of the date it of the occurrence giving rise to the grievance. The Chief of Police should answer the grievance in writing within ten (10) calendar days of the date of the receipt of the grievance. If the Employee is reasonable not satisfied with the resolution of the grievance by the Chief of Police, he may submit the grievance to assume that he/she became aware the City Manager. The grievance shall be presented to the City Manager within ten (10) days of itthe date of the department head's reply, or if the department head has failed to reply, within forty (40) days of the date of the occurrence giving rise to the grievance. The City Manager, or a representative appointed by the City Manager, other than an Employee of the Police Department, shall conduct a grievance hearing within ten (10) days of the receipt of the grievance. The Employee has the right to request that be present at this hearing and has the Xxxxxxx right to be called without undue delay for the purpose represented by a person of attempting to adjust his choice. If the grievance and hearing is scheduled during an Employee's working hours, he will be relieved from duty without loss of pay in order to be accompanied by attend the Xxxxxxxgrievance hearing. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 SupervisorCity Manager's answer, or in the case of a grievance filed by the Xxxxxxx 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 decision shall be responsible for making certain that all relevant contentions in writing 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 based upon the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days written provisions of this meeting. If satisfactory settlement is not reached,Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to 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. 9.1 A grievance may be filed is defined as a complaint or claim by a Teacher or the Xxxxxxx on behalf Association that there has been an alleged violation, misinterpretation or misapplication of all Employees similarly situated in which event processing any provisions of said grievance will begin with the second step provided hereinthis Agreement. In the event there are multiple grievances filed alleging a breach of the University does not respond Agreement, which grievances allege the same facts or occurrences, the Administration or the Association may elect to combine the grievances for group hearings.
9.2 The Board acknowledges the right of the Association to assist a grievant at any level of the grievance procedure, if it obtains the consent of the grievant, and the Association acknowledges the right of any member of the Administration to receive assistance as desired in any step of the grievance procedure. Failure of any Teacher or the Association to act on a grievance within the prescribed time limits set forth herein, will act as a ban to any further appeal and the Union may appeal Administrator's failure to give a decision within the grievance prescribed time limits shall permit the grievant to proceed to the next appropriate step step. The time limits, however, may be extended by mutual written consent.
9.3 A grievance involving the act of any Administrator above the building level shall initially be filed at Step 2 of the Grievance Procedure. A grievance not appealed to procedure after first having consulted the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition Administrator involved.
9.4 An attempt shall be considered settled pursuant made to such last step answer or withdrawn without prejudice (W.W.P.)resolve any grievance in informal, verbal discussion between grievant and his/her immediate supervisors.
9.5 The steps shall be as follows:
Step 1. An Employee having a If the grievance cannot be resolved informally, the grievant shall present it the grievance in writing on a form attached as Appendix D to his/her Supervisor this Agreement to the principal no later than twenty (20) business days (defined as days during which the Administrative office of the District is open) after the occurrence of the alleged claim or complaint. The principal will arrange for a meeting to take place within the five (5) working business days of its occurrence or within five (5) working days after receipt of the date it is reasonable to assume that grievance. An Association representative selected by the aggrieved party, if said aggrieved party desires said assistance, the aggrieved party, the immediately involved supervisor and any person whose assistance he/she became aware of itrequests, shall be present for the meeting. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor principal shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx on behalf of all Employees similarly situatedthen, within five (5) working business days after the meeting, provide the aggrieved party and the Superintendent with a written memorandum setting forth the disposition of the date it is reasonable to assume that grievance. Such memorandum shall contain reasons upon which the Union became aware disposition 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 matter was based.
Step 2. The grievance shall be signed by If the aggrieved Employee or Employees and shall set forth grievant is not satisfied with the subject disposition of the grievance (what happened?)at Step 1, or if Step 1 time limits expire without the issuance of the principal's memorandum, the date of grievant may then refer the infraction, grievance to the aggrieved Employee Superintendent within ten (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance10) business days thereafter. The Director or his/her designated representative Superintendent shall call then arrange for a meeting with the Grievance Committeesame parties being present in Step 1 within ten (10) business days. Each party to the grievance shall have the right to include in its presentation a counselor, if so desired. Each party may present witnesses (not to exceed three ten (10) witnesses per party) to develop the facts pertaining to the grievance. Upon the conclusion of the hearing of the grievance, the Superintendent shall have ten (10) business days in which to provide his/her written decision to the aggrieved party.
Step 3) in number. If the grievance is not resolved satisfactorily at Step 2, there shall be available a third step of impartial, binding arbitration. The Association may submit, in addition writing, a request to the President Superintendent within ten (10) business days from receipt of the Step 2 answer. The arbitrator shall be selected from the American Arbitration Association in a manner as follows: The Voluntary Labor Rules of the American Arbitration Association then pertaining shall be followed in the selection of an arbitrator. The cost of the arbitrator shall be borne equally between the Association and Secretarythe Board. Should either party request a transcript of the proceedings, within that party will bear the cost of the transcript. The arbitrator’s decision shall be final and binding upon the parties. His/her decision must be based solely and only upon his or her interpretation for the meaning or application of the express language of the Agreement. Neither party to the grievance will be permitted to assert grounds not previously asserted, before the Superintendent. Each party shall be entitled to representation and witnesses. The arbitrator shall have no power to alter the terms of this Agreement.
9.6 The Association shall be provided with up to the equivalent of five (5) working teaching days each year for release time appearances by Teachers at arbitration hearings. Such time will not be cumulative. The Association shall reimburse the Board for the cost of receipt any substitutes required. Such time can be allocated in periods as small as one (1) hour. If more than the allocated Teacher time is required for arbitration purposes in any year, additional hearings will be conducted only during non-classroom time. After school, non-- instructional days, vacation periods, weekends, or summer will be used as mutually agreed upon by the Association President and Superintendent.
9.7 An abstract of the grievance shall be placed in the personnel file of the Teacher, said abstract stating the grievant’ s complaint and the ultimate disposition of said grievance. The Directorgrievant may, or at his/her designated representative shall give option, place in his/her answer in writing within three (3) working days of this meetingpersonnel file a letter explaining the grievance.
9.8 Should either party to the grievance procedure wish to employ counsel or a court reporter, it shall be done at the party's own expense. If satisfactory settlement is the arbitrator requests a transcript, both parties will share equally the cost of the same.
9.9 The Board agrees not reached,to take any reprisal against any person for participation or refusal to participate in the grievance process, provided that, if a refusal to participate constitutes insubordination, such refusal may be subject to normal disciplinary procedures. The Association agrees to take no reprisals against any person because of the participation or refusal to participate in the grievance process.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject An employee shall choose at Step 1 and Step 2 whether to the following procedure, shall include any and all disciplinary action taken be represented by the University, except LCTA or to represent him/herself. The LCTA shall not be required to process grievances for discipline employees who are not members of probationary Employeesthe Association.
1. The LCTA shall not be bound by a grievance decision in a grievance in which the grievant chose not to be represented by the LCTA.
2. The resolution of any grievance as defined herein shall not be inconsistent with the provisions of this Contract, and the LCTA shall be provided an opportunity to be present at any meeting called to discuss such a resolution.
B. When a grievant participates during working hours in a grievance meeting between the grievant and all questions and disputes involving contract interpretationthe site administrator or District representative, or in an arbitration proceeding, the grievant shall be provided temporary duty for such meeting/proceeding after providing the site administrator with a written request for temporary duty at least two (2) days prior to such meeting or proceeding. A The request shall be approved unless the grievant’s absence on the requested date would impede the operations of the grievant’s work unit, in which case an extension shall be granted, if necessary, to accommodate the grievance may be filed timelines.
C. When a grievant is represented by the Xxxxxxx LCTA, the LCTA grievance representative shall be provided temporary duty to represent the grievant at any grievance meeting held during regular work hours, including the right to speak and present evidence and arguments on behalf of all Employees similarly situated the grievant or the LCTA. The LCTA grievance representative shall provide the site administrator with a written request for temporary duty at least two (2) days prior to such meeting. The request shall be approved unless the representative’s absence on the requested date would impede the operations of the LCTA representative’s work unit, in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond case an extension shall be granted, if necessary, to a grievance within the time limits set forth herein, the Union may appeal accommodate the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)timelines.
Step 1. An Employee having a grievance D. Time spent by xxxxxxxxx and LCTA representatives investigating and processing grievances outside regular working hours shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx not be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 counted as 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,worked.
Appears in 2 contracts
Samples: Collective Bargaining Contract, Collective Bargaining Contract
GRIEVANCE PROCEDURE. A. A grievance20.01 Any grievance involving a question of the meaning of, subject to the following procedureor alleged violation of this agreement and/or discipline or dismissal, shall include any and all disciplinary action taken by the Universitybe dealt with as follows:
a) An Employee having a complaint, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx or one designated member on behalf of all Employees similarly situated in which event processing of said grievance will begin a group having a complaint, or the Union, shall first discuss the complaint with the second step provided hereinappropriate Supervisor. In A Shop Xxxxxxx shall be present during the event discussion.
b) If the University does complaint cannot respond to a grievance be resolved within the time limits set forth hereinseven (7) calendar days, the Union may appeal file a grievance on behalf of an Employee (“the grievor”), alleging a violation of this Agreement.
c) A grievance is filed when delivered in writing to the next appropriate Employer, or Union. No particular form is necessary so long as the document indicated is a grievance under this Article, or in some manner indicates it is a formal grievance.
d) The Union may consult with the Employer concerning any grievance at any step of the Grievance Procedure. .
e) A grievance not appealed to the next progressive decision made at any step of the Grievance Procedure is not binding on the parties unless it is in writing, signed by decision maker, and delivered to the parties either by hand, or by Registered Mail or by email with verification of receipt.
f) All disciplinary investigations shall offer members representation during the process. Such meetings shall not occur within twenty-four (24) hours of notice to the specified time limits after receipt Employees and Union, unless under exceptional circumstances.
g) For grievances arising from harassment or discrimination, any step in this grievance process may be skipped when the person hearing the grievance is the subject of a disposition the grievance, so long as the grievor agrees.
h) Any grievance arising from termination shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 heard at Step 2. The Except where otherwise provided for in this agreement, a grievance shall be signed processed by recourse to the following steps:
20.02 The Step 1 Procedure is as follows:
a) A grievance must be filed at Step 1 within twenty-five (25) calendar days after the grievor becomes aware of the action or circumstances giving rise to the grievance.
b) Grievances at Step 1 will be heard by the aggrieved Employee grievor’s immediate Supervisor and Human Resources or Employees and shall set forth designate.
c) A hearing will be held with the subject grievor within fifteen (15) calendar days of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support Supervisor receiving the grievance. .
d) The Director or Supervisor shall render his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer decision in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,fourteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance shall be an alleged violation of the expressed terms of this Contract.
B. The Association shall designate a representative to handle grievances when requested by the grievant.
C. The term "days" as used herein shall mean days in which school is in session except grievances filed near the end of the school year in which case "days" shall mean calendar days, excluding Saturdays, Sundays and holidays.
D. The number of days indicated at each level may be waived by mutual written consent of the Board representative and the grievant.
E. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The discharge or demotion of a tenured teacher. The statutory proceedings specified by the Michigan Teacher Tenure Act, MCL 38.71 et seq. shall govern the discharge or demotion of a tenured teacher exclusively and the discharge or demotion shall not be subject to grievance or arbitration under the following grievance procedure, shall include any and all disciplinary action taken .
2. The discharge or non-renewal of a probationary teacher. The statutory proceedings specified by the UniversityMichigan Teacher Tenure Act, except MCL 38.71 et seq. shall govern the discharge or non-renewal of a probationary teacher and the discharge or non-renewal of a probationary teacher shall not be subject to grievance or arbitration and the grievance procedure.
3. The termination or nonrenewal of a teacher in any extra duty position.
4. Any claim or complaint for discipline which there is another remedial procedure or forum established by law or by regulation having the force of probationary Employeeslaw.
5. Any matter involving the content of a teacher's evaluation.
F. All grievance procedures and investigations by the Association will be processed during times which do not interfere with assigned duties.
G. Any individual teacher at any time may present grievances to his/her employer and have the grievances adjusted without intervention of the Association representative, if the adjustment is not inconsistent with the terms of the Contract or Agreement then in effect and any and all questions and disputes involving contract interpretation. if the Association representative has not been denied the opportunity to be present in such adjustment.
X. A grievance may be filed by the Xxxxxxx on behalf President of all Employees similarly situated in which event processing the Association when it is felt that an alleged violation has occurred that affects the Association. This type of said grievance will begin with at Level Two.
I. Back pay adjustment where applicable will be limited to the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal date the grievance was filed in writing, and to the next appropriate step amount actually lost, with deduction of all sums earned during the Grievance Procedureback pay period. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)The Board will have no liability for any special compensation claims.
Step 1. An Employee having a grievance shall present it X. The sole remedy available to any teacher for any alleged breach of this Agreement or any alleged violation of his/her Supervisor within five (5) working days rights hereunder will be pursuant to the grievance procedure; provided, however, that nothing contained herein will deprive any teacher of its occurrence or within five (5) working days of the date it is reasonable to assume that any legal right which he/she became aware presently has, provided that if a teacher elects to pursue any legal or statutory remedy, such election will bar any further or subsequent proceedings for relief under the provisions of it. The Employee has this Article.
K. In the right course of investigation of any grievance, representatives of the Association will report to request that the Xxxxxxx be called without undue delay for principal of the building being visited and state the purpose of attempting the visit immediately upon arrival.
L. Every effort will be made to adjust avoid the involvement of students in all phases of the grievance procedure.
M. The written grievance shall be on a form prepared and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to Board which will provide for 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 Xxxxxxx 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 itfollowing:
1. 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 It shall be signed and dated by the aggrieved Employee grievant or Employees and grievants;
2. It shall set forth the subject be specific;
3. It shall contain a synopsis of the grievance (what happened?)facts giving rise to the alleged violation;
4. It shall be specific as to the Article, Section, or Sub-sections, of the contract alleged to have been violated;
5. It shall contain the date of the infraction, alleged violation;
6. It shall specify the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,relief requested.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 5.1 Any dispute between the Employer and the Guild or between the Employer and any employee covered by this Agreement concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be deemed a grievance. An employee at any time may present a grievance to the City and have such grievance adjusted without the intervention of the Union, if the adjustment is not inconsistent with the expressed terms of this Agreement and if the Union has been given reasonable opportunity to be present at any initial meeting called for the resolution of such grievance. Those issues specified as a management right as listed in Article 3 - Rights of Management shall not be a proper subject for the grievance procedure (unless otherwise noted) except that allegations of the exercise of those rights in an arbitrary and capricious manner may be processed through Step 3 of the grievance procedure below. Disciplinary actions shall not be a proper subject for the grievance procedure except as provided for in Section 5.7. The following outline of procedure is written as for a grievance of the Guild against the Employer, but it is understood the steps are similar for a grievance of the Employer against the Guild.
5.2 Every effort will be made to settle grievances at the lowest possible level of supervision with the understanding grievances will be filed at the step in which there is authority to adjudicate, provided the immediate supervisor is notified. Employees will be free from coercion, discrimination, or reprisal in seeking adjudication of their grievance.
5.3 Grievances processed through Step 3 of the grievance procedure shall be heard during normal Employer working hours unless stipulated otherwise by the parties. Employees involved in such grievance meetings during their normal Employer working hours shall be allowed to do so without suffering a loss in pay. No more than one (1) shop xxxxxxx, other than the grievant, shall attend the grievance meeting, except through prior approval of the Employer representative convening the meeting.
5.4 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Failure by an employee and/or the Guild to comply with any time limitation of the procedure in this Article shall constitute withdrawal of the grievance. Failure by the Employer to comply with any time limitation of the procedure in this Article shall allow the Guild and/or the employee to proceed to the next step without waiting for the Employer to reply at the previous step, except that employees may not process a grievance beyond Step 3. As a means of facilitating settlement of a grievance, subject to either party may by mutual consent include an additional member on its committee.
5.5 A grievance shall be processed in accordance with the following procedure, :
Step 1 - A grievance shall include any and all disciplinary action taken be verbally presented by the University, except for discipline aggrieved employee or the employee and/or Shop Xxxxxxx within twenty (20) business days of probationary Employees, and any and all questions and disputes involving the alleged contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance violation to the next appropriate step of the Grievance ProcedureChief Marshal. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of The Chief Marshal should consult and/or arrange a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to meeting with his/her Supervisor within five (5supervisor(s) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support resolve the grievance. The Director or his/her designated representative shall call a meeting with parties agree to make every effort to settle the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievancegrievance at this stage promptly. The Director, or his/her designated representative supervisor(s) shall give his/her answer in writing the grievance within three (3) working days of this meeting. If satisfactory settlement is not reached,ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 8.01 The parties to this Agreement recognize the Stewards and the CLAC Representatives as the agents through which employees shall process their grievance.
8.02 A grievancegrievance is defined as a difference arising out of the interpretation, subject to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of probationary Employeesapplication, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step administration of the Grievance ProcedureCollective Agreement. A grievance not appealed Including any questions as to whether the next progressive step matter is arbitrable and an allegation that this Agreement has been violated.
8.03 It is the mutual desire of the Grievance Procedure within the specified time limits after receipt of a disposition parties that grievances shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1resolved as quickly as possible. An Employee having a It is understood that an employee has no grievance shall present it to until he/she has first given his/her Supervisor immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) working days of its occurrence or within after the circumstances giving rise to the complaint to the employee’s satisfaction with the five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust employee may proceed with the grievance procedure at Step 1.
8.04 The reference to days in this Article excludes Saturdays, Sundays and public holidays, unless explicitly stated otherwise. Time limits mentioned in this Article may be extended with the written consent of both parties.
8.05 No grievance shall be considered or processed where the circumstances giving rise to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within it occurred or originated more than five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce before the grievance to writing on forms supplied by the Employer and submit same is brought to the Director of the Unit supervisors’ attention pursuant to Article 8.03 above.
8.06 A group grievance is defined as a single grievance signed by a Xxxxxxx 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 Xxxxxxx Union Representative on behalf of all Employees similarly situated, within five (5) working days a group of employees who have a complaint of a similar nature and where each employee would be entitled to grieve separately. Such grievance must be dealt with at the successive stages of the date it is reasonable to assume that the Union became aware of itgrievance procedure, commencing with Step 1. Each party’s representative The grievors shall be responsible for making certain that all relevant contentions and evidencelisted on the grievance form. Should such a grievance be referred to arbitration, that are available at the time and have been developed and considered, are presented matter shall be adjudicated as a group greivance.
8.07 The Union or the Employer may initiate a policy grievance consisting of an allegation of a general misinterpretation or a general violation of this Agreement beginning at Step 22 of the grievance procedure. The It is expressly understood that a Union policy grievance cannot be used to institute a grievance directly affecting an employee(s), which such employee(s) could themselves initiate. Such grievance must be filed within ten (10) days from the date the incident giving rise to the grievance became known. A policy grievance shall be signed by the aggrieved Employee Union Representative and submitted to the Employer. An Employer grievance shall be submitted by the Employer to the Union Representative or Employees to a Xxxxxxx and shall set forth the subject be signed by a Representative of the Employer.
8.08 Step 1 An employee having a grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or accompanied by his/her designated representative shall call a meeting with Xxxxxxx if the Grievance Committeeemployee so requests, not must submit the grievance to exceed three (3) in number, in addition to the President and Secretary, his/her supervisor within five (5) working days of the date on which the supervisor responded to or ought to have responded to the employee’s complaint pursuant to Article 8.03. The nature of the grievance, the remedy sought and the relevant sections of the Collective Agreement which are alleged to have been violated shall be set out in the grievance. The supervisor will deliver his/her decision within five (5) days after receipt of the grievance. The DirectorFailing settlement, or his/her designated representative shall give his/her answer in writing within three (3) working days the next step of this meeting. If satisfactory settlement is not reached,the grievance procedure may be undertaken.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievanceIn order for a complaint to be considered timely, subject an employee must bring the complaint to the attention of the authorized supervisor within seven (7) calendar days of an incident occurring. If the complaint is not satisfactorily resolved, the employee may, within seven (7) calendar days following procedurea response from the authorized supervisor submit a grievance to the Union. The Union may subsequently file a grievance with the Employer in accordance with the following steps: The Union, the and the Manager, shall include any and all disciplinary action taken by meet to discuss the Universitygrievance. If a settlement satisfactory to the Union is not reached within seven (7) calendar days of the meeting, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to or a grievance within the time limits set forth hereinframe mutually agreed upon, the Union may appeal advance the grievance to Step The Union, the next appropriate step and the Director or their designate, shall meet to discuss the grievance. If a settlement satisfactory to the Union is not reached within fourteen (14) calendar days of the Grievance Proceduremeeting, or a time frame mutually agreed upon, the Union may advance the grievance to Step The Union, the and Labour Relations shall meet to discuss the grievance. A If a settlement satisfactory to the Parties is not reached within thirty (30) calendar days of the meeting, or a time frame mutually agreed upon, the Union may advance the grievance not appealed Grievances shall be advanced to the next progressive step of stage should: the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant Employer fail to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having schedule a grievance shall present it to his/her Supervisor meeting within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 ten calendar days of receipt of the Supervisor's answergrievance; or, the Employer not provide a written response within ten (10) calendar days of the grievance being heard; or in the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situatedimmediately above, within five (5) working calendar days of the date it is reasonable grievance being automatically advanced to assume that the next stage, the Union became aware must provide written confirmation to the Manager Labour Relations, of it. Each party’s representative shall be responsible for making certain that all relevant contentions and evidenceits intention to proceed with, 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support withdraw the grievance. The Director or his/her designated representative Failure to provide written confirmation shall call a meeting with result in the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,grievance being abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. 48.1 A grievancegrievance is any dispute over the application or interpretation of this Agreement, subject to including the arbitrability thereof. Grievances shall be settled in 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 manner:
48.2 Grievances may be filed either by a member of the bargaining unit or by the Xxxxxxx on behalf Union through its President and/or such other officers which the Union designates as officers with that authority, provided, however, that a member of all Employees similarly situated the bargaining unit may file a grievance alleging a violation of this Agreement, or advance any such grievance to the next step in which event processing of said this grievance will begin procedure, only with the second step consent of the Union through its President and/or such officers which the Union designates as officers with that authority.
48.3 Grievances shall specify the section of this Agreement that is alleged to have been violated, the facts giving rise to the alleged violation, and the remedy requested for the alleged violation. The City may reject a grievance which fails to comply with these requirements; however, grievances may be amended and resubmitted at any time before Step III of this grievance procedure, provided hereinthat the amendment does not materially change the substance of the grievance.
48.4 The purpose of the time limits in this grievance procedure is to hasten the resolution of grievances. These time limits may only be modified by agreement between the parties. In the event the University does not respond Chief of Department or Director of Employee Relations fails to provide the Union with a response to a grievance filed by the Union within the time limits set forth specified herein, the grievance shall be deemed to have been denied on the last day for the provision of such response and the Union may appeal advance the grievance to the next appropriate step of in the Grievance Proceduregrievance procedure. A In the event the Union fails to advance a grievance not appealed to the next progressive step in the grievance procedure within the time limits specified herein, the grievance will be deemed to have been withdrawn. Any time limit concerning grievances that expires on a weekend or a holiday set forth in this Agreement shall expire instead on the next business day.
48.5 A grievance should be filed at the lowest step in the grievance procedure in which the City’s representative would have the authority to make a final and binding resolution of the Grievance Procedure within grievance. In the specified time limits after receipt of event a disposition grievance is filed at a step in the grievance procedure which the City deems inappropriate, the City’s representative with whom the grievance was filed shall be considered settled pursuant remand the grievance to such last step answer or withdrawn without prejudice (W.W.P.)the appropriate step.
Step 1. An Employee having I. If a dispute cannot be informally resolved between a member of the bargaining unit and his or her immediate supervisors, the member may with the approval of the Union’s President and/or such other officers which the Union designates as officers with that authority, submit a grievance shall present it in writing to his/her Supervisor the member’s immediate supervisor within five thirty (530) working days of its occurrence either the alleged violation or the date the grievant might reasonably have been expected to have learned of the
Step II. If a grievance initiated by either a member of the bargaining unit or the Union is not settled at Step I, or a member’s immediate supervisor would not have the authority to make a final and binding resolution of the grievance, the grievance shall be submitted to the Chief of Department, within five fifteen (515) working calendar days of the last date it is reasonable to assume that he/she became aware of itfor the Step I response. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor Chief shall respond orally provide a written response within five fifteen (515) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 calendar days of receipt of the Supervisor's answerStep II grievance.
Step III. If the grievance is not settled at Step II, or in the case Chief of Department would not have the authority to make a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days final and binding resolution of the date it is reasonable to assume that grievance, 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition submitted to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing Employee Relations within three (3) working days of this meeting. If satisfactory settlement is not reached,fifteen
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. A. A grievance is defined as a dispute between a management representative and an employee or a group of employees, by names, or by the Union, involving the interpretation or application of this Agreement.
B. All employees within the bargaining unit have the right to be represented at any step of the grievance procedure, including the informal step, by the Union. Pursuant to Florida Statutes, certified employee organizations shall not be required to process grievances for employees who are not members of the organization. However, nothing shall prevent any employee from presenting, at any time, his own grievance, subject and having such grievance adjusted, if the adjustment is not inconsistent with the terms of this Agreement and the Union has been given opportunity to be present at any meeting called for the following procedure, shall include any and all disciplinary action taken by the University, except for discipline resolution of probationary Employees, and any and all questions and disputes involving contract interpretation. such grievance.
C. A grievance may be withdrawn at any level but the same grievance may not be filed a second time by the Xxxxxxx same party. After a grievance has been withdrawn by the grievant(s), the Unions are prohibited from continuing the grievance on behalf of the same employee(s).
D. For the purpose of the Grievance Procedure, days are defined as those Board designated work days, Monday through Friday, exclusive of legal Board holidays.
E. For the purpose of a grievance, the grievant may have an authorized Union Representative present at all Employees similarly situated grievance meetings. Grievances will be processed in which event processing such a manner that there will be no interruption of said grievance will begin with normal Board activities and work flow. When appropriate, and in order to facilitate the second step provided herein. scheduling of meetings and resolution of grievances, release time for the participants may be granted by the Board.
F. In the event that the University does employee has a complaint, he/she shall abide by the management decision involved prior to and during the time the grievance is being processed. A grievance not respond to a grievance answered by the School Board within the time limits set forth hereinprovided shall permit the employee, or the Union may appeal the grievance Union, where appropriate, to proceed to the next appropriate step of the Grievance Procedurestep. A Any grievance not appealed advanced by the employee(s) to the next progressive higher step within the time limits provided shall be deemed permanently withdrawn and as having been settled on the basis of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)most recently given.
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. Section 1. A grievance is defined as a dispute regarding the interpretation of jurisdiction and application of the provisions of this Site Jurisdictional Procedural Agreement filed by a UNION or EMPLOYER covered by this AGREEMENT. Disputes specifically related to the application and interpretation of the respective local or International Union Agreements shall be processed under the respective Agreement. All jurisdictional disputes between competing crafts employed on this SITE shall be processed in accordance with Sections 1, 3 and 3 of Article III.
Section 2. The COORDINATOR and the Idaho Building and Construction Trades Council (hereinafter referred to as COUNCIL) shall attempt to achieve compliance with this AGREEMENT by both UNIONS and EMPLOYERS who are parties hereto. In this regard, the COORDINATOR and the COUNCIL will take steps to assure the effective functioning of the grievance procedure.
Section 3. Grievances relating to the acts or failure to act of any particular Party shall be filed against that Party. There shall be no actual or threatened work stoppage, work interruption, slowdown, featherbedding, sitdown, strike, picketing, handbilling, or public notices of any kind during the entire term of the grievance proceedings.
Section 4. Any EMPLOYER or UNION whose act or failure to act gave rise to any monetary damage or penalty shall be solely responsible therefor, and not the COORDINATOR, COUNCIL or OWNER.
Section 5. Other UNIONS or EMPLOYERS may also be joined as parties to any grievances when that UNION or EMPLOYER is directly affected by the outcome of the grievance, subject or participated in the events giving rise to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of probationary Employeesgrievance, and shall be bound by any and all questions and disputes involving contract interpretationdecision.
Section 6. All grievances shall be handled in the following manner:
(a) Step 1. A grievance may be filed no later than five (5) working days after the act alleged to constitute a grievance is first discovered. The grievance must be presented by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with UNION or EMPLOYER to the second step provided hereinproper Employer or Union representative involved, as the case may be. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal If the grievance to the next appropriate step of the Grievance Procedure. A grievance is not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor resolved within five (5) working days days, the grievance shall be reduced to writing, citing the Article and paragraph of its occurrence this AGREEMENT which has been allegedly violated. Such written notice shall identify and describe the grievance. It shall contain the name of the Grievant (the UNION or within the EMPLOYER), a description of the act, failure to act or incident alleged to constitute the breach; and a statement o the relief or remedy sought. The Grievance Procedure Form, attached hereto, shall be used to initiate all jurisdictional grievances on this SITE.
(b) Step 2. If the grievance is not settled at Step 1, the written grievance may, no later than five (5) working days after the time limitation set forth above for Step 1, be referred by the grievant UNION or EMPLOYER involved to the COORDINATOR, for discussion and resolution by the COORDINATOR, if possible. This Shall be referred to as Step 2 of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,Procedure.
Appears in 2 contracts
Samples: Site Jurisdictional Agreement, Site Construction Jurisdictional Procedural Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance is a claim by a bargaining unit member, subject to a group of members of the following procedurebargaining unit or the Chapter that there has been a violation, shall include any misinterpretation or improper application of the terms and all disciplinary action taken by the University, except for discipline conditions of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated employment established in which event processing of said grievance will begin with the second step provided herein. this Agreement.
B. In the event a bargaining unit member, a group of bargaining unit members, or the University does not respond to Chapter believes there is a basis for a grievance, the party or parties involved shall first discuss the grievance informally with the Academic Xxxx or their designee.
C. If, as a result of the informal discussion, the grievance is unresolved, the Chapter may invoke the formal grievance procedure on the form provided by the Chapter and signed by the Chapter and the grievant(s). Step One: The grievant or the Chapter shall file a grievance within 30 calendar days after the time limits set forth hereingrievance was found to exist or should have been found to exist. The grievance shall be filed, in writing, with the Union may appeal Academic Xxxx and shall state the reasons for the grievance along with the remedy sought. The grievant and the Chapter shall sign said grievance. The Academic Xxxx shall respond to the grievance within 15 calendar days. No response automatically moves the grievance to the next appropriate step step. Step Two: If the Chapter is not satisfied with the disposition of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure at Step One, or if no disposition has been made within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust limits, the grievance and to may be accompanied by filed with the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same Vice President for Academic Affairs with a copy to the Director of Human Resources. The Vice President for Academic Affairs shall respond to the Unit or a designated representative grievance within five (5) working days of receipt 15 calendar days. No response automatically moves the grievance to the next step. Step Three: If the Chapter is not satisfied with the disposition of the Supervisor's answergrievance by the Vice President for Academic Affairs or if no disposition has been made within the time limits, the Chapter may appeal the decision to arbitration if and only if the grievance alleges that there has been a violation, misinterpretation or improper application of the written terms of this Agreement. Reemployment rights and course assignments are not grieveable or arbitrable.
D. The only issues involving discipline which may be submitted to arbitration are those in which a bargaining unit member has been suspended or terminated during a semester in which the bargaining unit member has been actively employed. In any grievance arbitration proceeding regarding termination or suspension, the arbitrator shall be limited to an award of the salary the bargaining unit member would have received in the case of a grievance filed semester but for the termination or suspension. The arbitrator shall have no authority to award reinstatement or any other relief.
E. Such appeal shall be in writing and shall be mailed by the Xxxxxxx on behalf of all Employees similarly situatedChapter to the Public Employment Relations Commission and the Vice President for Academic Affairs within 15 days. If not, 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 deemed abandoned and terminated.
F. The parties shall obtain a list of arbitrators from the Public Employment Relations Commission, and if the parties cannot agree on an arbitrator from said list within 10 days, the parties shall be bound by the aggrieved Employee or Employees rules of the Public Employment Relations Commission in the selection of an arbitrator. The arbitrator so selected shall confer with the representatives of the College and the Chapter and hold hearings promptly and shall set forth the subject of the grievance (what happened?), issue a decision no later than 30 days from the date of the infraction, the aggrieved Employee (if applicable), the article close of the contract that has allegedly been violated (and how)hearings. The Arbitrator shall have no power to alter, modify, add to or subtract from the adjustment sought, provisions of this agreement. His authority shall be limited to deciding disposition of a violation of the express written terms of the contract. The arbitrator’s decision shall be borne equally by the College and the facts necessary Chapter.
G. The number of days indicated at each level shall be considered as maximum and every effort shall be made to support expedite the process. However, time limits may be extended by mutual consent.
H. The College agrees to furnish any documents that may be reasonably or lawfully required to process grievances in accordance with this Article.
I. No reprisals of any kind shall be taken against any unit member for participating in any grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,.
J. A grievance may be withdrawn at any level.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance is defined as an alleged violation of a specific article or section of this Agreement. If any such grievance arises, there shall be no stoppage or suspension of work because of such grievance, subject ; but such grievance shall be submitted to the following grievance procedure.
1. It is expressly understood that no tenured teacher shall use the grievance procedure to dispute any action of the Board which is appealable to the State Tenure Commission.
2. The failure to employ or reemploy any teacher to a position on Schedule B shall not be the basis for a grievance.
B. An individual teacher shall have the right at any time to present a grievance as herein defined and to have the grievance fully adjusted without intervention of the Association or its representatives, shall include any and all disciplinary action taken by as long as the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin adjustment is not inconsistent with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step terms of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)this Agreement.
C. (Step 1. An Employee having a grievance shall present it to his/her Supervisor within ) Within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable time of grievance arises, the teacher or the Association will present, during lunch periods or after working hours, a grievance to assume that he/she became aware of itthe appropriate administrator involved. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) Within four working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt after presentation of the grievance. The Director, or his/her designated representative the administrator shall give his/her answer orally to the teacher. From June 1 to August 31, every effort will be made to resolve the grievance in writing a timely manner.
D. (Step 2) If the grievance is not resolved in Step 1, the Association may, within three (3) working days of this meetingreceipt of the administrator’s answer, submit to the Superintendent a written “Statement of Grievance” signed by the teacher. A copy shall be given to the administrator at the same time. The “Statement of Grievance” shall name the teacher involved; shall identify all provisions of the Agreement alleged to be in violation by appropriate reference; shall state the contention of the teacher and of the Association with respect to these provisions; and shall indicate the relief requested. The Superintendent, or his/her designated representative, shall give the Association an answer in writing no later than five (5) working days after receipt of the written grievance. If satisfactory settlement further investigation is not reached,required, additional time may be allowed by mutual agreement of the parties.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject The Parties intend that the grievance procedure as set forth herein shall serve as a means for a peaceful settlement of all disputes that may arise between them concerning the interpretation or operation of this Agreement without any interruption or disturbance in the normal operations of the County.
B. It shall be the firm policy of the Employer to ensure to its employees and to the following procedure, Union the opportunity to have the unobstructed use of this grievance procedure without fear of reprisal or without prejudice in any manner to employment status.
C. Grievances 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 may be filed by within fifteen (15) days of the Xxxxxxx on behalf event, occurrence or circumstances constituting the subject matter of all Employees similarly situated in which event processing of said the grievance.
D. The Parties, recognizing that an orderly grievance will begin with procedure is necessary, agree that each step must be adhered to within the second step provided herein. In the event the University does not respond to a grievance within designated time period, provided, however, that the time limits set forth herein, of the grievance procedure may be extended upon mutual agreement of the Union may and the Employer.
E. If either Party fails to timely appeal the grievance to the next appropriate an answer at any step after Step 1 of the Grievance Procedure. A , said grievance not appealed shall automatically progress to the next progressive step in accordance with the procedures contained herein. Exception is made in those instances where the Parties have agreed to settle a grievance on the basis of the Grievance Procedure within last answer. Exception is also made with regard to medical grievances, where the specified time limits after Union shall have an additional 60 days from receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)the Employer's answer.
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days F. Every employee of the date it is reasonable to assume that he/she became aware of it. The Employee has Department shall have the right to request that present a grievance in accordance with the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxxprocedure provided herein. The Supervisor informal resolution of differences or grievances is encouraged at the lowest possible level of supervision.
G. Immediate supervisors, commanding officers and reviewing officers, shall respond orally consider promptly all grievances presented to them and, within five (5) working days following the discussion. If satisfactory settlement scope of their authority, take timely action as is not reached, The Employee or Xxxxxxx required.
H. Grievances shall reduce the grievance to writing on forms supplied by the Employer and submit same be processed according 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,following procedures:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 2101 General Principles 2102 The following procedure shall be applied and relied upon by both Parties as the sole and exclusive means of seeking adjustment of and settling grievances. 2103 Both Parties agree that, prior to filing any grievance, subject it is desirable to hold an informal discussion in an attempt to resolve the dispute. 2104 All grievances arising under this Agreement shall be presented in writing on a grievance form to the following procedure, shall include any and all disciplinary action taken appropriate Party within fifteen (15) workdays after the grievant had knowledge or should have had knowledge of the event. Any grievance not timely filed or appealed is deemed waived by the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereinaggrieved Party. In the event the University does not Employer fails to respond to a the grievance within the time limits set forth hereinspecified, the Union may shall have the right to appeal the grievance immediately to the next appropriate step of the Grievance Proceduregrievance procedure. A grievance not appealed to By mutual agreement between the next progressive Union and the Employer, the time limits of any step of the grievance procedure may be extended. 2105 The Grievance Procedure within the specified time limits after receipt of a disposition provided herein shall be considered settled pursuant used only for the purpose of interpreting and applying or determining compliance with provisions of this Agreement and shall not be used to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1add to, detract from, nor alter in any way the provisions of this Agreement. An Employee having 2106 When a grievance shall present it to is filed, the Employer will convene a meeting between the employee and his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable immediate manager and/or designated representative, prior to assume that he/she became aware of itan initial grievance hearing. The Employee employee has the right to request that a Union Representative in the Xxxxxxx above meeting. There is no penalty to either party should the meeting not occur. 2107 Section 1 – Step One 2108 All grievances, except contractual interpretation grievances, shall be called without undue delay for initiated at Step One. An employee shall initiate his or her grievance by filing it with the purpose CSC Personnel Office. Within ten (10) workdays after submission of attempting to adjust the grievance, the CSC Personnel Director or designee will hold a grievance hearing and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to in writing on forms supplied by the Employer and submit same to the Director of grievant and the Unit or a designated representative Union. Grievances protesting discipline not resolved at Step One are appealed directly to Step Two within five ten (510) working days of workdays following receipt of the Supervisor's answer, Step One response. 2109 Section 2 – Step Two 2110 All appeals and contractual interpretation grievances shall be heard at Step Two and submitted to the Labor Relations Representative or in designee for the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days of the date it is reasonable facility. The Labor Relations Representative or designee shall give her/his written answer 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 subject of Representative within ten (10) workdays after the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A Step 1: Within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence, should have knowledge of the event giving rise to the grievance, subject to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 grievant and/or Association 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call arrange a meeting with the Grievance Committee, not grievant's immediate supervisor to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of resolve the grievance. The Director, or his/her designated representative A grievance shall give his/her answer in writing be identified as such. If the grievance is not resolved within three (3) working days of this meeting, the grievance must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fifteen (15) calendar days of said meeting.
B. Step 2: If satisfactory settlement the grievance is not reached,resolved to the satisfaction of the Association at Step 1 of this procedure, the Association may within fifteen (15) calendar days after the immediate supervisor's response is given or due, whichever comes first, present the grievance in writing to the Appointing Authority's Human Resources office, or other party as designated by the Appointing Authority to process grievances. The written grievance shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. Within fifteen (15) calendar days after the Appointing Authority's Human Resources office, or other party as designated receives the written grievance, the Appointing Authority's representative shall arrange a meeting with the Association Representative to resolve the grievance. The Appointing Authority's representative shall respond to the grievance in writing to the Association Representative(s) and the Association within fifteen (15) calendar days of the meeting.
C. Step 3: If the grievance still remains unresolved the Association may within fifteen (15) calendar days after the response of the Appointing Authority or his/her designee is due request arbitration of the grievance, by written notice to the State Negotiator. The arbitration proceedings shall be conducted by a three member Board of Arbitration composed of one (1) representative of the Association, one (1) representative of the Employer, and one (1) neutral member. The neutral member shall be selected by the parties within seven
Appears in 2 contracts
Samples: Employment Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievanceIt is agreed that harmonious relations between the parties require the efficient disposition of grievances. There shall be a Joint Industry Grievance Committee and a grievance procedure:
1. To try to decide all issues not covered by, subject and not inconsistent with, any provision of this Agreement and which are not required to be arbitrated under its terms.
2. To try to decide without arbitration, any issue between the parties which, under this Agreement, they must submit to the following procedureArbitrator.
3. The grievance may first be taken up between a representative of management and a representative of the Union. If it is not settled, 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 it may be filed for arbitration.
4. All Union claims are brought by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition alone and no individual shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has have the right to request that compromise or settle any claim without the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director written permission of the Unit or a designated representative within five (Union.
5) working days of receipt of the Supervisor's answer, or in the case of a grievance filed by the Xxxxxxx 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 simultaneously submitted to the aggrieved Employee or Employees and Joint Industry Grievance Committee when the grievance is filed.
6. The Committee shall set forth the subject be composed of representatives of the grievance (what happened?)Union and the RAB, who may be present at any meeting. It shall be the function of the Committee to seek and encourage the settlement of all disputes brought before it. Except in extraordinary circumstances, the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment soughtparties will participate in a Committee meeting before a grievance proceeds to arbitration, and the facts necessary to support scheduling of a Committee meeting shall not delay arbitration. If the Committee meeting is not held before the arbitration date, the meeting will be cancelled.
7. Any grievance. The Director or his/her designated representative , except as otherwise provided herein and except a grievance involving basic wage violations and Pension, Health, Training, Legal and SRSP contributions shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition be presented to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer RAB in writing within three (3) working 120 days of its occurrence, except for grievances involving suspension without pay or discharge which shall be presented within 15 days, unless the Employer agrees to an extension. The Arbitrator shall have the authority to extend the above time limitations for good cause shown.
8. For grievances arising during the first two (2) months of employment the presentation period referred to in Section 7 of this meeting. If satisfactory settlement is not reached,Article shall be 240 days.
Appears in 2 contracts
Samples: Resident Managers and Superintendents Agreement, Resident Managers and Superintendents Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to 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 interpretation1. A grievance shall be described as a dispute or complaint arising between the parties hereto under or out of this Agreement or the interpretation, application, performance, termination, or any breach thereof, and shall be processed and disposed of in the following manner:
Step 1: Within a reasonable time, not to exceed seven (7) calendar days following the date of occurrence, or when the employee or the Union should have had knowledge of the occurrence, an employee having a grievance and/or his Union representative shall put the grievance in writing and present it to the appropriate Deputy Chief or his designee. The Employer shall give its answer to the employee and/or his Union representative within seven (7) calendar days after the presentation of the grievance in Step 1. Within this fourteen (14) calendar day period, the employee is encouraged to seek to resolve this grievance on an informal basis. Grievances based on disciplinary action shall proceed immediately to Step 2 of this grievance procedure.
Step 2: If the grievance is not settled in Step 1 or has proceeded immediately to Step 2 in the case of discipline, the grievance may, within seven (7) calendar days after the answer in Step 1, be presented in Step 2 in writing to the Chief of
Step 3: If the grievance is not settled in Step 2, the grievance may, within seven (7) calendar days after the answer in Step 2, be presented in Step 3 in writing to the City Manager or his designee. At this time a Local or State Representative of the Union may be filed in attendance at a meeting where, if both parties agree, witnesses and/or evidence may be presented which may relate to a resolution of the grievance. If the grievance is not presented to the City Manager or his designee within said time period the grievance shall be considered resolved. A grievance so presented in Step 3 shall be answered by the Xxxxxxx on behalf Employer within seven (7) calendar days after its presentation. If the City Manager or his designee fails to answer in writing within seven (7) calendar days, the grievance shall be deemed denied.
2. Any disposition of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance from which no appeal is taken within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition herein shall be deemed resolved and shall not thereafter be considered settled pursuant subject to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and arbitration provisions of this Agreement. The parties may by mutual written agreement extend the time within which to answer or appeal. Any step in the grievance procedure may be accompanied skipped on any grievance by mutual consent.
3. Filing a grievance by an employee or the Union under this Article concerning any matter otherwise appealable to the Civil Service Commission shall be deemed an election by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following employee and the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce Union to use the grievance to writing on forms supplied by the Employer and submit same provisions of this Agreement rather than an appeal to the Director Civil Service Commission, as the sole and exclusive remedy for resolution of the Unit said grievance 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,complaint.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject The following are the implementation steps and procedures for handling grievances:
(A) Step One - Supervisor Who’s Actions Gave Rise to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step Grievance.
(1) Within ten (10) of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) grievant’s working days following the discussion. If satisfactory settlement is not reached, The Employee events or Xxxxxxx shall reduce circumstances giving rise to the grievance to or when the events or circumstances should have been first known by the grievant, the grievant shall submit a grievance in writing on forms supplied a grievance form to the supervisor whose actions gave rise to the grievance. Prior to submission of the written grievance, it shall be screened by the Employer and submit same to Grievance Chairperson or designee.
(2) The written grievance shall indicate whether it is being filed by the Director of the Unit Lodge or by a member as an individual or as a designated representative within five (5) working days of receipt a group. If the grievance is filed by a member, it shall state the grievant's name, rank and assignment. A group grievance shall set forth the names of the Supervisor's answer, grievants or in the case identity of a grievance filed by recognizable group of grievants so that parties may properly identify those affected in a remedy. All grievances shall state the Xxxxxxx on behalf supervisor whose actions gave rise to the grievance; the Section(s) of all Employees similarly situated, within five (5) working days this Contract allegedly violated; a statement of the grievance; including the date it is reasonable to assume that of other relevant facts regarding the Union became aware of it. Each party’s representative shall be responsible for making certain that all relevant contentions action or decision complained of; the specific relief requested; the date the grievance was submitted; 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 grievant, Lodge Representative or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary Grievance Chairperson or Assistant. Failure to support satisfy these elements is not grounds to disqualify the grievance, so long as a good faith effort is made to specify the information requested. The Director or hissupervisor shall date the Form when he/her designated representative she receives it. Grievances submitted beyond the time limit shall call a meeting with the Grievance Committee, not to exceed three be considered.
(3) in number, in addition to the President and Secretary, within Within five (5) of the supervisor's working days of his/her receipt of the written grievance. The Director, or the supervisor shall affix his/her designated representative shall give written response to the Form, date and sign his/her answer in writing within three (3) working days of this meetingresponse, and return all but one copy to the Grievance Chairperson. If satisfactory settlement the grievant does not refer the grievance to the Second Step of the Procedure, the grievance shall be considered to be satisfactorily resolved.
(4) The grievance shall go directly to Step Two when Step One does not apply.
(5) A member is not reached,encouraged to attempt to resolve an individual grievance informally with his/her immediate supervisor where possible prior to the filing of a written grievance. If informal resolution is attempted, a Lodge Representative may accompany the member in any meeting with the member’s immediate supervisor.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievanceSection 22.1 It is mutually understood that the prompt presentation, subject adjustment and/ or answering of grievances is desirable in the interest of sound relations between the employees and the College. The prompt and fair disposition of grievances involves important and equal obligations and responsibilities, both joint and independent, on the part of the representatives of each party to protect and preserve the following Grievance Procedure as an orderly means of resolving grievances. Actions by the College or the Union which tend to impair or weaken the Grievance Procedure are improper.
Section 22.2 The Grievance Procedure set forth herein shall be the exclusive method of reviewing and settling grievances between the College and the Union and/or between the College and an employee(s) and by this procedure the Union waives the right to litigate or resolve such grievances in any other forum or by any other procedure, shall include any . All decisions of arbitrators and all disciplinary action taken pre-arbitration grievance settlements reached by the UniversityUnion and the College shall be final, except for discipline of probationary Employeesconclusive and binding on the College, the Union and any and all questions and disputes involving contract interpretationthe employees. A grievance may be filed withdrawn by the Xxxxxxx on behalf Union at any time.
Section 22.3 Any grievance in Steps 1 through 4 which is not answered in a timely manner by the College shall be deemed to have been appealed to the next step. The College and the Union may, by mutual agreement, waive any steps in the grievance procedure in order to expedite the processing of a grievance.
Section 22.4 In matters of contract interpretation or discharge, or with regard to decisions made at the district level, a grievance may be initiated at Step 5 A hereof.
Section 22.5 There shall be no retaliation or adverse action taken against an employee who files a grievance, regardless of the outcome of the grievance.
Section 22.6 The Campus President/Vice President will be notified of all Employees similarly situated grievances.
Section 22.7 A grievance is a dispute or difference between the College and the Union, or between the College and an employee(s), concerning the wages, hours and working conditions set forth in this Agreement, the interpretation and/or application of and/or compliance with any provision of this Agreement, including all disciplinary actions. When any such grievances arise the procedure in Section 22.10 will be observed.
Section 22.8 Grievances submitted which address issues affecting more than the individual who submitted the grievance shall give Union leadership the right to be present and participate.
Section 22.9 Human Resources shall notify the Union of any and all grievances submitted on the employee’s own behalf, i.e., grievances not submitted through Union Executive Leadership, by sending a copy of the grievance to the SEIU Member Resource Center.
Section 22.10 The following procedure shall be observed:
Step 1: The employee and the employee’s supervisor may meet to attempt to work out the grievance on an informal basis.
Step 2: If the grievance is not resolved under the informal method set forth in Step 1, a written grievance must be filed within ten (10) working days of the event processing of said upon which the grievance will begin is based with the second step provided hereinemployee’s unit head. In Within ten (10) working days after the event filing of the University does not respond grievance, a meeting will be held among the unit head, the respective campus Human Resources Manager, the aggrieved employee(s), and if the employee(s) so elect(s), a representative of the Union. Following this meeting, the unit head shall issue a written/electronic decision to a the grievance within seven (7) working days. A copy of the time limits set forth hereinwritten/electronic decision will simultaneously be provided to the Union Executive Board Leader and Grievance Chair.
Step 3: If the grievance is not satisfactorily settled in Step 2, the employee and/or the Union may appeal the grievance Step 2 answer to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure College Vice President or designee, within the specified time limits seven (7) working days after receipt of a disposition the Step 2 response. Such appeal shall be considered settled pursuant in writing. The appropriate College Vice President or designee, shall schedule a grievance meeting with the employee(s) and if the member(s) so elect(s), a representative of the Union, within seven (7) working days after receipt of the appeal and shall issue a written/electronic decision to such last step answer or withdrawn without prejudice the aggrieved member within seven (W.W.P.)7) working days after the close of the meeting. A copy of the written/electronic decision will simultaneously be provided to the Union Executive Board Leader and Grievance Chair.
Step 1. An Employee having a 4: If the grievance shall present it to his/her Supervisor is not satisfactorily settled in Step 3, the aggrieved member(s) and/or the Union may file an appeal with the Vice President of Human Resources for the College or designee within five seven (57) working days after the receipt of its occurrence the Step 3 decision. Such appeal shall be in writing. The Vice President of Human Resources or designee shall schedule a grievance meeting with the aggrieved member(s) and/or the representative of the Union as outlined above within five seven (57) working days after the receipt of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance appeal and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally render a written/ electronic decision within five seven (57) working days following after the discussionclose of the meeting. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce A copy of the grievance to writing on forms supplied by the Employer and submit same written/electronic decision will simultaneously be provided 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 Xxxxxxx 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 subject of the grievance (what happened?)Executive Board Leader, the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment soughtGrievance Chair, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,SEIU Member Resource Center.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure in this Agreement for the resolution of grievances or misunderstandings between the parties arising from the application or interpretation of this Agreement. The purpose of this Grievance Procedure shall be for the settlement of disputes between the employer and an employee, or group of employees, involving the interpretation or application of this collective bargaining agreement. A grievance shall refer to the specific provision or provisions of the Agreement alleged to have been violated. It is further agreed by the FOP Lodge 12 that employees covered by this Agreement shall make an exclusive election of remedy prior to filing a second step grievance or initiating action for redress in any other forum. Such choice or remedy will be made in writing on the form to be supplied by the City. The Election of Remedy form will indicate whether the aggrieved party or parties wish to utilize the grievance procedure contained in this Agreement or process the grievance in any other forum. Selection or redress other than through the grievance procedure contained herein shall preclude the aggrieved party or parties from utilizing said grievance procedure for adjustment of said grievance. To simplify the grievance procedure, subject to the number of days in presenting a grievance and/or providing a reply shall be based upon calendar days. Grievances shall be processed in accordance with the following procedure:
Step 1. The aggrieved employee shall discuss the grievance with his immediate supervisor within ten (10) calendar days of the occurrence, which gave rise to the grievance. The FOP Lodge 12 representative may be present to represent the employee if the employee desires him present. The immediate supervisor shall attempt to adjust the matter and/or respond to the employee within ten (10) calendar days. The aggrieved employee may waive Step 1 and Step 2 and initiate the grievance procedure at Step 3 within 10 calendar days of the occurrence.
Step 2. If the grievance has not been satisfactorily resolved in Step 1, the employee, with or without the assistance of the FOP Lodge 12 representative, shall include any and all disciplinary action taken by complete the University, except for discipline Election of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal Remedy form before initiating the grievance to the next appropriate second step of the Grievance Procedure. A When the Election of Remedy form indicates the grievance not appealed is to be advanced through the next progressive step Grievance Procedure, the employee with or without the assistance of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx FOP Lodge 12 representative shall reduce the grievance to writing on forms supplied by the Employer standard form provided for this purpose and submit same present such written grievance to the Director of Chief within ten (10) calendar days from the Unit time the response was received from Step 1 or a designated waived. The Chief shall meet with the employee and/or the FOP Lodge 12 representative and shall respond in writing to the employee and/or the FOP Lodge 12 representative within five ten (510) working calendar days of from the receipt of the Supervisor's answerwritten grievance.
Step 3. If the grievance has not been satisfactorily resolved in Step 2, the employee, with or in without the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days assistance of the date it is reasonable FOP Lodge 12 representative, may present a written appeal 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 Mayor within seven (7) calendar days from the time and have been developed and considered, are presented at the response was received in Step 2. The grievance Mayor or his designee shall be signed by meet with the aggrieved Employee or Employees employee and/or the FOP Lodge 12 representative and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) respond in number, in addition writing to the President and Secretary, employee and/or the FOP Lodge 12 representative within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, Section 1: Any dispute concerning the interpretation or application of an expressed provision of this Agreement shall be subject to the following this, and exclusive to this, grievance procedure.
STEP 1: The UNION Grievance Committee, upon receiving a written and signed request, shall include any and all disciplinary action taken by determine if a grievance exists. If, in their opinion, no grievance exists, the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may matter will be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereindeemed settled. In the event the University does UNION chooses not respond 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 Xxxxxxxxx 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 seeking arbitration and shall designate in writing the specific provision or provisions of the Agreement at issue. Any correspondence by either party to the 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 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.
Section 4: Nothing herein shall preclude any employee from discussing his grievance with the immediate supervisor up to and including the department head or his designee for informal adjustment.
Section 5: Failure to process the grievance within the time limits set forth herein, established in the Union 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 part of the CITY'S representatives to answer the grievance to in the next appropriate step time limits established in the 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 Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition arbitration shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)borne by the non-prevailing party. The Arbitrator shall designate the losing party.
Step 1. An Employee having a grievance (a) The cost of arbitration shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of include the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance Arbitrator's fees and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment soughtexpenses, and the facts necessary cost of any hearing room. Provided that should one party offer to support hold the grievance. The Director 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 his/her designated representative 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 call be borne by the party preparing such evidence.
(c) In the event the Arbitrator requests a meeting with court reporter, this cost shall be borne by the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,non-prevailing party.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. A. 48.1 A grievancegrievance is any dispute over the application or interpretation of this Agreement, subject to including the arbitrability thereof. Grievances shall be settled in 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 manner:
48.2 Grievances may be filed either by a member of the bargaining unit or by the Xxxxxxx on behalf Union through its President and/or such other officers which the Union designates as officers with that authority, provided, however, that a member of all Employees similarly situated the bargaining unit may file a grievance alleging a violation of this Agreement, or advance any such grievance to the next step in which event processing of said this grievance will begin procedure, only with the second step consent of the Union through its President and/or such officers which the Union designates as officers with that authority.
48.3 Grievances shall specify the section of this Agreement that is alleged to have been violated, the facts giving rise to the alleged violation, and the remedy requested for the alleged violation. The City may reject a grievance which fails to comply with these requirements; however, grievances may be amended and resubmitted at any time before Step III of this grievance procedure, provided hereinthat the amendment does not materially change the substance of the grievance.
48.4 The purpose of the time limits in this grievance procedure is to hasten the resolution of grievances. These time limits may only be modified by agreement between the parties. In the event the University does not respond Chief of Department or Director of Employee Relations fails to provide the Union with a response to a grievance filed by the Union within the time limits set forth specified herein, the grievance shall be deemed to have been denied on the last day for the provision of such response and the Union may appeal advance the grievance to the next appropriate step of in the Grievance Proceduregrievance procedure. A In the event the Union fails to advance a grievance not appealed to the next progressive step in the grievance procedure within the time limits specified herein, the grievance will be deemed to have been withdrawn. Any time limit concerning grievances that expires on a weekend or a holiday set forth in this Agreement shall expire instead on the next business day.
48.5 A grievance should be filed at the lowest step in the grievance procedure in which the City’s representative would have the authority to make a final and binding resolution of the Grievance Procedure within grievance. In the specified time limits after receipt of event a disposition grievance is filed at a step in the grievance procedure which the City deems inappropriate, the City’s representative with whom the grievance was filed shall be considered settled pursuant remand the grievance to such last step answer or withdrawn without prejudice (W.W.P.)the appropriate step.
Step 1. An Employee having I. If a dispute cannot be informally resolved between a member of the bargaining unit and his or her immediate supervisors, the member may with the approval of the Union’s President and/or such other officers which the Union designates as officers with that authority, submit a grievance in writing to the member’s
Step II. If a grievance initiated by either a member of the bargaining unit or the Union is not settled at Step I, or a member’s immediate supervisor would not have the authority to make a final and binding resolution of the grievance, the grievance shall present it be submitted to his/her Supervisor the Chief of Department, within five fifteen (515) working days of its occurrence or within five (5) working calendar days of the last date it is reasonable to assume that he/she became aware of itfor the Step I response. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor Chief shall respond orally provide a written response within five fifteen (515) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 calendar days of receipt of the Supervisor's answerStep II grievance.
Step III. If the grievance is not settled at Step II, or in the case Chief of Department would not have the authority to make a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days final and binding resolution of the date it is reasonable to assume that grievance, 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition submitted to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing Employee Relations within three (3) working days of this meeting. If satisfactory settlement is not reached,fifteen
Appears in 2 contracts
Samples: Memorandum of Understanding, Labor Contract
GRIEVANCE PROCEDURE. A. A grievancegrievance shall be defined as a dispute or complaint arising between the parties hereto concerning the application, subject the interpretation, or any alleged breach of this Agreement, which arise during the term of the Agreement. The intent of this Article is to achieve resolution of the grievance at the lowest possible level in the employee’s line of supervision.
B. Time Limits for Waiver of the Grievance Procedure
1. Any step in the grievance procedure may be waived only by mutual agreement of the parties, as evidenced by both parties signature on the grievance form. Request for a waiver must received by the responding party prior to the following procedure, shall include any and all disciplinary action taken by expiration of the University, except for discipline time limits of probationary Employees, and any and all questions and disputes involving contract interpretationthe Step to be waived.
2. A grievance Time limits may be filed extended in writing at any step by mutual agreement of the Xxxxxxx on behalf Parties at the respective step of all Employees similarly situated the grievance procedure.
3. Grievances not answered in which event processing of said grievance will begin accordance with the second grievance procedure shall be deemed automatically denied on the answer due date and may be appealed to the next step.
4. Time frames will commence from the date the response is received by certified mail, facsimile, email, in person or communicated by direct phone contact with the party responsible for issuing or accepting the response.
5. Any grievance not appealed from one step provided herein. In to the event the University does not respond to a grievance within next in accordance with the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition in this Article shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)closed.
C. Step One: Immediate Supervisor (Department Manager or Supervisor)
1. An Employee Within ten (10) workdays after an incident has occurred, any employee(s) having a grievance or the Local Union representing the employee shall present it file the grievance with the supervisor or the manager who is alleged to his/her Supervisor within five (5) working days have violated the agreement.
2. Issues regarding the interpretation of its occurrence this Agreement shall be addressed directly with the Human Resources Administrator or within five (5) working days designee and the Union Representative at Step Three.
3. The written grievance shall state the section of the date it agreement violated explaining the grievance in detail including applicable dates and witnesses or documents in the remedy sought. A statement to the effect that the employee “be made whole” is reasonable to assume that he/she became aware not an adequate statement of itthe remedy sought. The Employee has the right to request that the Xxxxxxx written grievance must be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied signed by the Xxxxxxxemployee or, if represented, by the Union or Local Union Representative.
4. The Supervisor supervisor or designee shall respond orally within five (5meet with the grievant(s) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director of the Unit or a designated Local Union representative within five (5) working days workdays of receipt of having received the Supervisor's answer, written grievance.
5. The supervisor or in designee shall submit a written answer to the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days workdays 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 2meeting.
6. The grievance shall be signed by Parties may mutually agree to have the aggrieved Employee or Employees and shall set forth the subject grievant present at any step of the grievance (what happened?)procedure.
D. Step Two: Administrator
1. If the grievance is not resolved at Step One, the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition it may be appealed to the President and Secretary, Grievant’s Administrator or designee within five (5) working work days after it has been answered at Step One, by indicating an appeal on copy of receipt the grievance form. The appropriate Administrator shall meet with the employee and/or xxxxxxx or designated Local Union Representative within five (5) workdays of having received the grievance. The DirectorAdministrator or designee shall provide a written answer to the grievance within five (5) workdays of the date of the meeting.
2. Any grievance concerning suspension or loss of seniority may be initiated at Step Two.
3. Any grievance that affects a substantial number or specified class of employees may be presented at Step Two by the Union.
E. Step Three: The Human Resources Administrator
1. If the grievance is not resolved at Step Two, it may be appealed to the Human Resources Administrator or hisdesignee within five (5) workdays after it has been answered at Step Two, by indicating an appeal on the grievance form. The Administrator for Human Resources or designee shall meet with the xxxxxxx/her designated representative Union Representative and grievant within five (5) work days of having received the grievance and provide a written answer to the grievance within five (5) work days from the date of the meeting. Any grievance concerning dismissal may be initiated at Step Three.
F. Arbitration
1. If a grievance is not resolved at Step Three, it may be appealed to arbitration. Notice of Appeal to Arbitration shall give his/her answer be made in writing to the Administrator for Human Resources by the designated Union Representative fifteen (15) work days after receipt of the grievance response at Step Three. Within ten (10) work days after submitting an appeal to arbitration, the Union and the Employer shall meet for the purpose of attempting a resolution to the grievance. During the settlement conference the parties may each submit a statement of unadjusted grievance upon which the grievance is based and the requested remedy.
2. Failing to reach agreement, the parties will attempt to fashion the issue for the arbitrator. Not submitting a statement of unadjusted grievances shall in no manner modify the issues raised in the grievance.
G. If the Hospital should file a grievance against the Union, the Hospital shall present the grievance, in writing, to the Local Union President within three ten (310) working days days. The written grievance shall state the section of this meetingthe Agreement violated explaining the grievance in detail including applicable dates and witnesses or documents and the remedy sought. A statement to the effect that the Hospital “be made whole” is not an adequate statement of the remedy sought. If satisfactory settlement the grievance is not reached,resolved, the role and order of the procedure of the respective parties shall be reversed. Arbitration will be effected by the parties in accordance with the provisions of Article 25 - Arbitration and Powers of the Arbitrator.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance shall be any alleged violation, subject misinterpretation, or misapplication of a specific term and condition of this written agreement or any established term and condition of employment. All grievances by any member of the unit shall be submitted in writing no later than (21) days after the alleged grievance occurred. Grievances shall be submitted directly to the following procedureChief, shall include any and all disciplinary action taken by or his designee. The Chief, or his designee, will have (21) days within which to respond to the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by from the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereindate submitted. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal that the grievance to the next appropriate step of the Grievance Procedure. A grievance is not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied satisfactorily resolved by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reachedChief, The Employee or Xxxxxxx 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 answerhis designee, or in the case of event that (21) days have elapsed without a grievance filed by written response from the Xxxxxxx on behalf of all Employees similarly situatedChief, within five (5) working days of or his designee, 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 submitted to the aggrieved Employee or Employees and shall set forth the subject Board of the grievance Arlington Fire District. A meeting shall be scheduled within (what happened?), the date 21) days between representatives of the infractionAssociation’s Grievance Committee and the Board, the aggrieved Employee (if applicable)to present, the article of the contract that has allegedly been violated (and how), the adjustment soughtdiscuss, and the facts necessary attempt to support resolve the grievance. The Director or his/her designated representative board shall call a meeting with duly consider the Grievance Committee, not to exceed three (3) in number, in addition grievance and shall respond to the President and Secretarygrievance in writing no later than (30) days after that scheduled meeting. In event that the grievance is not resolved at the second step, either party may demand arbitration. A party wishing to move a grievance to arbitration must serve upon the Board a demand for arbitration within five thirty (530) working days of from receipt of the grievanceBoard’s decision at the second step, and notify the Public Employment Relations Board (“PERB”) that it is demanding arbitration. The Directorarbitration shall be administered and conducted under PERB rules. The Arbitrator shall be appointed on a rotating basis from the following list: Xxxxxx Xxxxxxx, Xxxxxx Xxxxxxx, Xxxxxx Xxxxxxxx, and Xxx Xxxxx The cost of arbitration shall be borne equally by the parties. Under Section 203 of the Civil Service Law of the State of New York, the Arlington Professional Firefighters Association, IAFF Local 2393, is the exclusive representative of all employees, as specified in Article IV, in the administration of grievances. Neither the Board of Fire Commissioners nor the Chief shall entertain grievances not filed by the Arlington Professional Firefighters Association, IAFF Local 2393. Upon the receipt of any grievances filed by individuals, but not by the Union, such grievances shall be rejected and returned to the individual or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,individuals.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 47.1 A grievancegrievance is any dispute over the application or interpretation of this Agreement, subject to including the arbitrability thereof. Grievances shall be settled in 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 manner:
47.2 Grievances may be filed either by a member of the bargaining unit or by the Xxxxxxx on behalf Union through its President and/or such other officers which the Union designates as officers with that authority, provided, however, that a member of all Employees similarly situated the bargaining unit may file a grievance alleging a violation of this Agreement, or advance any such grievance to the next step in which event processing of said this grievance will begin procedure, only with the second step consent of the Union through its President and/or such officers which the Union designates as officers with that authority.
47.3 Grievances shall specify the section of this Agreement that is alleged to have been violated, the facts giving rise to the alleged violation, and the remedy requested for the alleged violation. The City may reject a grievance which fails to comply with these requirements; however, grievances may be amended and resubmitted at any time before Step III of this grievance procedure, provided hereinthat the amendment does not materially change the substance of the grievance.
47.4 The purpose of the time limits in this grievance procedure is to hasten the resolution of grievances. These time limits may only be modified by agreement between the parties. In the event the University does not respond Chief of Department or Director of Employee Relations fails to provide the Union with a response to a grievance filed by the Union within the time limits set forth specified herein, the grievance shall be deemed to have been denied on the last day for the provision of such response and the Union may appeal advance the grievance to the next appropriate step of in the Grievance Proceduregrievance procedure. A In the event the Union fails to advance a grievance not appealed to the next progressive step in the grievance procedure within the time limits specified herein, the grievance will be deemed to have been withdrawn. Any time limit concerning grievances that expires on a weekend or a holiday set forth in this Agreement shall expire instead on the next business day.
47.5 A grievance should be filed at the lowest step in the grievance procedure in which the City’s representative would have the authority to make a final and binding resolution of the Grievance Procedure within grievance. In the specified time limits after receipt of event a disposition grievance is filed at a step in the grievance procedure which the City deems inappropriate, the City’s representative with whom the grievance was filed shall be considered settled pursuant remand the grievance to such last step answer or withdrawn without prejudice (W.W.P.)the appropriate step.
Step 1. An Employee having I. If a dispute cannot be informally resolved between a member of the bargaining unit and his or her immediate supervisors, the member may with the approval of the Union’s President and/or such other officers which the Union designates as officers with that authority, submit a grievance shall present it in writing to his/her Supervisor the member’s immediate supervisor within five thirty (530) working days of its occurrence either the alleged violation or within five (5) working days the date the grievant might reasonably have been expected to have learned of the date it is reasonable to assume that he/she became aware of italleged violation. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting supervisor shall attempt to adjust the grievance and shall provide a written response within fifteen (15) calendar days following receipt of the written grievance.
Step II. If a grievance initiated by either a member of the bargaining unit or the Union is not settled at Step I, or a member’s immediate supervisor would not have the authority to make a final and binding resolution of the grievance, the grievance shall be accompanied by submitted to the XxxxxxxChief of Department, within fifteen (15) calendar days of the last date for the Step I response. The Supervisor Chief shall respond orally provide a written response within five fifteen (515) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 calendar days of receipt of the Supervisor's answerStep II grievance.
Step III. If the grievance is not settled at Step II, or in the case Chief of Department would not have the authority to make a final and binding resolution of the grievance, the grievance filed by shall be submitted to the Xxxxxxx on behalf of all Employees similarly situatedDirector, Employee Relations within five fifteen (515) working calendar days of the last date it is reasonable to assume that for 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 2II response. The grievance Director, Employee Relations shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance provide a written response within fifteen (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (315) in number, in addition to the President and Secretary, within five (5) working calendar days of receipt of the Step III grievance. The If the Director, Employee Relations is unable to resolve the grievance to the mutual satisfaction of the parties, the grievance may, at the request of either the Union or his/her designated representative shall give his/her answer the City, be submitted to arbitration by notifying the Chief of Department and the Director, Employee Relations in writing writing, within three fifteen (315) working calendar days of this meeting. If satisfactory settlement is not reached,the last date for the Step III response.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. A. A grievance9.01 For the purpose of this Agreement, subject a Grievance is defined as a difference arising either between a member of the bargaining unit and the Centre or between the parties relating to the following procedureinterpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
9.02 All Grievances shall include any identify the specific provisions of the Collective Agreement alleged to have been breached and all disciplinary action taken by shall contain a concise statement of the University, except for discipline facts giving rise to the grievance and a concise statement of probationary Employeesthe remedies sought. All grievances shall be filed in accordance with the procedure outlined in this article, and any on the prescribed Association form, which shall be appended to this Collective Agreement.
9.03 For the purposes of the collective agreement, "week day" means Monday to Friday, other than a statutory holiday.
9.04 It is the mutual desire of the parties hereto that complaints of Nurses shall be adjusted as quickly as possible and all questions and disputes involving contract interpretationit is understood that a Nurse has no Grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. A grievance may If a Nurse has a complaint, such complaint shall be filed by discussed with her immediate supervisor within Five (5) week days after the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin circumstances giving rise to the complaint have originated or occurred. If the discussion with the second step provided herein. In the event the University immediate supervisor does not respond resolve the complaint to a grievance within the time limits set forth hereinmutual satisfaction of the Nurse and immediate supervisor, the Union Nurse may appeal the grievance to the next appropriate step of proceed with the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working week days following the discussion with the immediate supervisor.
9.05 A Grievance of its occurrence a Nurse properly arising under this Agreement shall be adjusted and settled as follows:
Step 1 The Nurse, with the assistance of the Grievance Officer, must submit a written grievance, signed and dated by the Nurse to her immediate supervisor. Her immediate supervisor will deliver her decision within seven (7) week days following the day on which the written Grievance was presented to her. Copies of the immediate supervisor's reply shall be forwarded to the grievor and the Grievance Officer (if any) who assisted the grievor to reduce the grievance to writing. Failing settlement, then: Within five (5) week days following the decision in Step 1, the grievance officer or bargaining unit president must submit the written Grievance to the Executive Director, unless extended by mutual agreement of the parties, in writing. A meeting shall be held between the Centre, a Labour Relations Officer from the Union, the Grievor and the Grievance Officer at which time the Grievance shall be discussed. The decision of the Centre shall be given in writing to the Labour Relations Officer with copies to the Bargaining Unit President and Grievor within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working week days following this meeting.
9.06 Failing settlement under the discussionforegoing procedure, either party may submit the matter to arbitration within eleven (11) week days after the decision under Step 2 is given. If satisfactory settlement no written request for arbitration is not reachedreceived within such eleven (11) week day period, The Employee or Xxxxxxx 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 Xxxxxxx 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 Grievance shall be responsible for making certain that all relevant contentions and evidence, that are available at the time and deemed to 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievanceIn the event that a complaint is reduced to writing, subject to it shall be submitted on a form mutually agreed upon and shall contain but not be limited to, the following procedureinformation: date, shall include any time, grievance number, grievant’s name and all disciplinary action taken by the Universitysignature, except for discipline xxxxxxx'x signature, alleged violation of probationary Employeesthis Agreement, settlement desired, and a space allowed for the signature of the Employer representative answering each step. Either the Union or the Employer shall have the right to bring into a grievance preceding any and witnesses or representatives deemed desirable for the purpose of adjusting as promptly as possible the matter at hand. When the Union is the grievant, the Chief Xxxxxxx shall sign as the aggrieved. The time limit for filing all questions and disputes involving contract interpretationgrievances shall be five (5) days from the date of the occurrence of the alleged grievance or from the date the aggrieved knows of the cause for complaint. A The time limits specified herein for movement of grievances through the process shall be strictly adhered to. In the event that a grievance may is not appealed within the particular specified time limit, it shall be filed by deemed to be settled on the Xxxxxxx on behalf basis of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereinEmployer's last answer. In the event the University does not respond Employer should fail to a grievance within the time limits set forth herein, supply the Union may appeal the grievance with its answer to the next appropriate particular step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of in Steps 1 and 2, the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 deemed automatically positioned for appeal at the aggrieved Employee or Employees and shall set forth next step with the subject time limit for exercising said appeal commencing with the expiration of the grievance (what happened?)grace period for answering. If the Employer fails to supply its answer in Step 3 within the prescribed time limits, the date grievance shall be deemed to be settled according to the relief requested. All specified time limits herein shall consist only of County work days Monday through Friday, but excluding holidays. Time limits may be extended only by mutual agreement of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance1. The Guild may appoint a committee to take up with The News any matter arising out of the application of this contract, subject or affecting the relations of the employees and The News. The News and the Guild agree to make every effort to settle every dispute, claim, difference or grievance arising out of this contract, or affecting the relations of the Guild and the employees with The News. Any such matter will be submitted by the complaining party in a letter to the following procedureother, shall include any briefly setting forth the facts giving rise to it, the ground of the complaint and all disciplinary the action taken by sought. The Guild and The News will handle grievances expeditiously and diligently.
2. The parties agree to meet within five days at the University, except request of either party for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the meeting.
3. Any such grievance to the next appropriate step involving a matter arising out of the Grievance Procedure. A grievance not appealed to the next progressive step application of this contract (except renewal or modification of the Grievance Procedure contract) or affecting the relations of the employees and The News not satisfactorily settled within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working 30 days of the date first consideration may be submitted to final and binding arbitration by either party. Such arbitration will be conducted pursuant to the voluntary labor arbitration rules of the American Arbitration Association. The cost of such arbitration will be borne equally by the parties, except that neither party will be obligated to pay any part of the cost of a stenographic transcript without express consent. The arbitrator will not have the authority to amend, change, modify, add to or subtract from any of the provisions of this contract, but will have the authority only to interpret and apply this contract.
4. No grievance shall be entertained or processed unless it is reasonable submitted to assume that he/she became aware The News in writing within six months after the Guild knew of itthe event giving rise to the grievance or within eighteen (18) months of when the Guild should have known of the event giving rise to the grievance. The Employee has the right to request that the Xxxxxxx grievance shall be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to answered in writing on forms supplied by the Employer and submit same to the Director of the Unit or a designated representative within five Guild office withing ten (510) working calendar days of receipt of the Supervisor's answerwritten grievance.
5. If any of the following rules, which are not waived by The News, are not complied with by the Guild, the provisions of Section 5A of this article will not be effective as to the issue raised in the grievance.
A. The Guild will invoke this section as follows:
(1) At its option, the Guild may inform The News in writing, if received by The News within five days (excluding Saturday and Sunday) after the act, event or occurrence complained of that it invokes the following provision: Conditions prevailing prior to the time of the act, event or occurrence will not be changed pending final resolution of the said grievance.
(2) However, if the Guild has received two weeks’ notice by The News prior to the act, event, or in occurrence any invocation of the case provisions of a grievance filed Section 4A(1) must be made by the Xxxxxxx on behalf of all Employees similarly situated, Guild within five (5) working seven days of the date giving of such prior notice by The News.
(3) This section is not applicable to editorial decisions of the editor.
B. However, it is reasonable to assume understood that if any award for back pay will be made, such reimbursement will not exceed 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 amount the time and employee would have been developed and considered, are presented at Step 2. paid by The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (News if applicable), the article of the contract that has allegedly been violated (and how), the adjustment soughthe/she had continued in its employ, and the facts necessary arbitrator will take into consideration whether a deduction will be made for any amounts the employee meanwhile may have earned elsewhere. From such award, if any, will be deducted any amount paid the employee through unemployment insurance. This will not be construed, in any manner, to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, mean that severance pay will be given in addition to back pay awarded to him/her.
C. If Section 4A of this article is invoked, the President and Secretary, within five (5) working days of receipt Guild agrees to arbitration under the expedited arbitration rules of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,American Arbitration Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievanceAll TJA Employees covered by this Agreement shall have the right to present grievances in accordance with these procedures, subject to with or without representation. If 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 may be is filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth hereinwithout representation, the Union may appeal the grievance to the next appropriate administration shall notify CLTU in writing of such filing. The Grievant is allowed representation of his/her choosing at any step of the Grievance Procedureprocess. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having Before a grievance shall present it is filed, a sincere attempt should be made to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 resolve any differences informally between the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Transportation Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of designee who would address the grievance. Nothing contained in this section or elsewhere in this Agreement shall be construed to prevent TJA Employees covered by this contract from discussing a problem informally with the administration and having it adjusted without intervention or representation from the Association. The Director, or his/her designated representative shall give his/her answer Association will be notified in writing within three (3) working days of any and all agreements made, and/or alleged violations as described by any TJA Employee covered by this meetingcontract. All TJA Employees covered by this Agreement who participate in these grievance procedures shall not be subject to reprisal because of such participation. All TJA Employees covered by this contract have a right to be represented in the grievance procedure by CLTU. Hearings and conferences under this procedure shall be conducted at a time and place mutually acceptable to both parties. The location shall afford a fair and reasonable opportunity for all persons, including witnesses, and will be held insofar as possible after regular driving hours or during non-driving time of all TJA Employees covered by this contract involved. Any investigation or other handling of any grievance by the Grievant or the Association shall be conducted so that no interference or interruption of the workday or related activities will occur. Meetings scheduled for grievance hearings will be held after employee work hours. If satisfactory settlement is management chooses to schedule a grievance meeting/hearing during an Employee's work hours, the Employee and one (1) Association Representative will not reached,lose any pay.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievanceThe parties intend that every effort shall be made to share all relevant and pertinent records, subject papers, data and names of witnesses to facilitate the resolution of grievances at the lowest possible level. The following are the implementation steps and procedure for handling grievances: An employee having a grievance shall file a grievance in the electronic system within twenty (20) calendar days of the date on which the grievant knew or reasonably should have had knowledge of the event giving rise to the following proceduregrievance. The parties shall reference the date the grievance was submitted in the electronic filing system to confirm timeliness. Employer’s discretion. A Union representative shall attend this meeting. He/she may represent the grievant, shall include any and all disciplinary action taken if such representation is desired by the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretationgrievant. A post xxxxxxx shall attend all Agency Step meetings conducted at his/her facility. If the post xxxxxxx is unavailable the chief xxxxxxx (District) shall attend the meeting or shall select a post xxxxxxx from an adjacent post to attend the hearing. If the grievance may be filed by is not resolved at the Xxxxxxx on behalf Agency Step or if no Agency response is received within fifty (50) days from submission or the date of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth hereinagreed upon extension, the grievance shall automatically be eligible for appeal. The Union may must appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure Arbitration within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice fifteen (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (515) working days of its occurrence or within five (5) working calendar days of the date it response or appeal activation, whichever is reasonable earlier. Failure to assume that he/she became aware of it. The Employee has appeal within fifteen (15) calendar days will constitute a procedural defect and the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 resolved in favor of the Employer. Grievances not appealed within thirty (30) days of eligibility for appeal will close if no action is taken by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step 22.1 The purpose of the Grievance Procedure shall be to settle all grievances arising under this contract between the employer and the employee as quickly as possible. Should an employee be aggrieved, resolution shall be sought as follows by the employee with the assistance of LOCAL 1451. No settlement of a grievance by an employee shall contravene the provision of this Agreement. The following steps shall be followed in the Grievance. Failure at any step of the following procedure to communicate the decision of a grievance within the specified time limits after receipt shall permit the aggrieved fire fighter to proceed to the next step. Failure at any step of this procedure to appeal a disposition grievance to the next step within the specified time limits shall be considered settled pursuant deemed to such last step answer be acceptance of the decision rendered. Any fire fighter who has a grievance shall discuss it first with his Captain (or withdrawn without prejudice (W.W.P.)immediate supervisor) in an attempt to resolve the matter informally at that level.
Step 1. An Employee having a Any grievance shall present it to his/her Supervisor within five be filed by the fire fighter, in writing, with the fire fighter’s Captain (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of itimmediate supervisor). The Employee has grievance shall contain a detailed statement as to the right to request that the Xxxxxxx be called without undue delay for the purpose nature of attempting to adjust the grievance and to be accompanied by shall state specifically the Xxxxxxxareas which the fire fighter, or the UNION, feels have been violated. The Supervisor fire fighter shall respond orally within five be required to sign the original grievance filed with the Captain. Within seven (57) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 calendar days of receipt of the Supervisor's answergrievance, the Captain shall conduct an informal inquiry concerning the grievance and render a decision, in writing, by no later than the close of the normal business day of the seventh day.
Step 2. If the aggrieved fire fighter is not satisfied with the decision of the Captain (or immediate supervisor), or if no decision has been rendered within the seven (7) calendar day period as defined above, said fire fighter may appeal his/her grievance, in writing, to the case Chief within seven (7) calendar days of the receipt of the Captain’s (or immediate supervisor’s) decision, or that date upon which such decision should have been rendered, provided however, that the aggrieved fire fighter sets forth the following:
A. Details regarding the nature of the grievance, date of occurrence, and how the applicable provisions of the contract have allegedly been violated;
B. The nature and extent of the injury, loss or inconvenience;
C. The result of previous discussion; and
D. The remedy requested. The Chief shall hold an administrative hearing concerning the grievance within seven (7) calendar days of receipt of the aggrieved fire fighter’s appeal. The Chief shall decide the grievance based upon the information supplied and any further information the Chief may request during or subsequent to the hearing. The Chief shall render a grievance filed by the Xxxxxxx on behalf of all Employees similarly situateddecision, in writing, within five (5) working calendar days from the close of the date it is reasonable to assume that hearing or the Union became aware receipt 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 any additional information requested by the Chief.
Step 3. If the aggrieved Employee or Employees and shall set forth fire fighter is not satisfied with the subject decision of the grievance (what happened?), Chief or if no decision has been rendered within the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working calendar day period as defined above, said fire fighter may appeal his/her grievance, in writing to the City Manager within seven (7) calendar days of the receipt of the Chief’s decision, or that date upon which such decision should have been rendered, provided however, that the aggrieved fire fighter sets forth in detail the specific reasons for such appeal and the terms and conditions of this contract and the specific areas which the fire fighter feels have been violated, as was presented to the Chief. The City Manager, or the designated representative, shall hold an administrative hearing concerning the grievance within fourteen (14) calendar days of receipt of the grievanceaggrieved fire fighter’s appeal. The DirectorCity Manager shall decide the grievance based upon the information supplied and any further information that he/she may request during or subsequent to the hearing. The City Manager shall render a decision, in writing, within fourteen (14) calendar days from the close of the hearing or the receipt of any additional information requested by the City Manager.
Step 4. If the decision of the City Manager is found to be unsatisfactory, or his/her designated representative if no decision has been rendered during the time period specified above, said fire fighter may within seven (7) calendar days appeal, in writing, the decision of the City Manager for arbitration to the American Arbitration Association in accordance with its rules then pertaining. Prior to formal submittal to the American Arbitration Association, the parties will make an effort to mutually select an arbitrator. The arbitrator shall give his/her answer in writing within three (3) working days be limited to the issues submitted and shall consider nothing else. The arbitrator may add nothing to nor subtract anything from the Agreement between the parties. The findings and decision of this meetingthe arbitrator shall be final and binding on LOCAL 1451, the Aggrieved, and the CITY. If satisfactory settlement is not reached,The fees and expenses of the arbitrator will be paid by the losing party. The parties may mutually agree to waive any time limit mentioned herein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. SECTION 1. For the purposes of this Agreement, a grievance is defined as a dispute between the Employer and any employee covered hereby with respect to working conditions, safety conditions or the alleged violation of a specific provision of this Agreement, provided that the term grievance shall not apply to:
a. Any matter for which a method of review is prescribed by law, or,
b. Any matter which according to law is either beyond the scope of authority of the Township of Woolwich or limited to unilateral action by the Township of Woolwich alone, or,
c. A complaint of any employee which arises by reason of his or her not being re-employed. Any grievance must be presented in writing within ten (10) calendar workdays after the aggrieved person knows of the event or events upon which the claim is based or else such grievance is deemed waived. The written grievance shall specify:
a. The specific nature of the grievance and, if a contract violation is claimed, the contract clause violated,
b. The results of previous discussions,
c. The date and time grievance is submitted,
d. The relief sought. All employees covered under this Agreement shall have the right to present a grievance. Unless otherwise provided in the Agreement, subject to the grievance shall be processed in the following procedure, manner:
Step 1. The aggrieved party(s) and the Chief of Police or his designee 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing within five (5) calendar days of said filing, informally meet and discuss the grievance. The Chief of Police shall render his decision, in writing, within ten (10) calendar days after the discussion of the grievance will begin with the second step provided hereinaggrieved party. Failure to render a written decision within said ten (10) calendar days shall permit the aggrieved party(s) to automatically move to Step Two.
Step 2. In the event the University does grievance shall not respond have been resolved at Step One, the aggrieved party(s) shall, in writing and signed, file the grievance with all previous documents with the Township Committee within ten (10) calendar days following the conclusion of Step One. The Township Committee and aggrieved party(s) shall meet to a discuss the grievance within ten (10) calendar days of the filing of said grievance. The Township Committee shall, in writing render a decision within fifteen (15) calendar days after said meeting with the aggrieved party(s). The decision of the Township Committee shall be final and binding upon the parties involved in the grievance except for the alleged violation of a specific provision of this Agreement which may be taken to Step Three.
Step 3. If the grievance charges a violation of a specific provision of this Agreement and has not been resolved at Step Two, the aggrieved party(s) may request the appointment of an arbitrator for arbitration limited to the issue of the alleged violation of a specific provision of this Agreement. A request for the appointment of an Arbitrator shall be filed by the aggrieved party(s) in writing and signed by the Township Committee within forty-five (45) days after the last day the Township Committee could have rendered a decision. The following procedure will be used to secure the services of an arbitrator:
A. The aggrieved party(s) shall within forty-five (45) days of the decision of the Township Committee or, if no decision is rendered by the Township Committee within forty-five (45) days after the last day the Committee could have rendered a decision, request the Public Employment Relations Commission (PERC) to submit a list of persons qualified to function as an arbitrator in the dispute in question.
B. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list within fifteen (15) calendar days from receipt by both of them, the aggrieved party(s) shall request that PERC submit a second list of names.
C. If the parties are unable to determine a mutually satisfactory arbitrator from the second submitted list within fifteen (15) days of receipt of it by both of them, PERC may be requested by either party to designate the arbitrator.
D. The arbitrator shall have no power to add to or subtract from the terms of this Agreement. The arbitrator’s decision shall be rendered within forty-five (45) days from the close of the record of the case. Briefs, if any, shall be submitted within thirty (30) days from the close of the hearing unless otherwise agreed to by the parties with the consent of the arbitrator. The decision of the arbitrator shall be final and binding. The cost of the arbitrator’s services shall be borne equally by both parties. The time limits set forth hereinabove may be extended by the mutual consent of both parties, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of itin writing. The Employee has aggrieved party(s) shall have the right to request that be represented by legal counsel, the Xxxxxxx Association, the PBA, or a fellow Police Officer of his choosing at any stage of these grievance procedures. Any expenses incurred by either the aggrieved party(s) or the Township Committee shall be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied paid by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following party incurring the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,expense.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievancea. The term grievance shall mean an allegation that a breach, subject misinterpretation, or improper application of this Agreement has occurred.
b. It is the intent of the parties to this Agreement that the grievance procedure set forth shall serve as the sole means for the peaceable settlement of all grievances that may arise between them as to the following procedureapplication and interpretation of this Agreement. Employees are required to follow and use this procedure for all grievances for which they seek redress. Any grievance should be presented as soon after its occurrence or after its coming to the attention of the aggrieved employee as is reasonably possible without interruption of work except to present the grievance; but in any event the grievance in order to become the basis for a claim, shall include any must be presented within ten (10) working days after the employee knows or should have known if he exercised reasonable diligence and all disciplinary action taken by attention to the University, except for discipline occurrence or non-occurrence of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal upon which the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition is based, which in no event shall be considered settled pursuant to more than thirty (30) calendar days from the date of such last step answer occurrence or withdrawn without prejudice (W.W.P.)non-occurrence.
Step 1. An Employee having a I. The grievance shall present it be presented verbally by the employee to his/her Supervisor his immediate supervisor outside the bargaining unit in an effort to resolve the grievance informally before a written grievance is filed. Grievances not resolved in the verbal step shall be reduced to writing, and shall be dated and signed by the aggrieved employee.
Step II. If the grievance is not resolved, the employee (and a Union representative, if desired) may within five (5) working days present the written grievance to the employee's department head and proceed to Step II of its occurrence or the grievance procedure. If such presentation is made in the presence of a representative of the Union, he shall countersign the grievance. The department head and the Human Resources Manager shall jointly investigate the grievance, and the department head shall furnish a written signed disposition to the employee (and his designated Union representative, if desired) within five the first ten (510) working days after such written grievance is presented.
(a) If the grievance remains unsettled and the aggrieved employee wishes to carry it further, the Local President shall refer the matter to the Council Representative.
(b) In the event that the Council Staff Representative, Local President and the aggrieved employee wish to carry the matter further, they shall file a written request with the Human Resources Manager within ten (10) working days after the Employer's response to Step II to arrange a meeting between the department head, Human Resources Manager, aggrieved employee and representatives of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay Union for the purpose of attempting to adjust resolve the grievance and to be accompanied by the Xxxxxxxgrievance. The Supervisor Said meeting shall respond orally occur within five fifteen (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx on behalf of all Employees similarly situated, within five (515) working days of the date it is reasonable Human Resources Manager receipt of the written request 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 2arrange a meeting. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject Human Resources Manager will respond with a written disposition of the grievance within ten (what happened?)10) working days of the meeting. Said written disposition shall be addressed to the aggrieved employee, with copies provided to the Local President and the Council Staff Representative.
(c) If the dispute remains unsettled and the Council Staff Representative wishes to carry the matter further, the Council Staff Representative and Human Resources Manager may, by mutual consent, agree to utilize the non-binding mediation process available through the Federal Mediation and Conciliation Service or Xxxxxxxxx Xxxxx Resolution Service. If there is not mutual consent to go to mediation or if the mediation process fails to resolve the dispute, the Council Staff Representative shall file within thirty (30) calendar days a demand for arbitration with the Federal Mediation and Conciliation Service in accordance with the Federal Mediation and Conciliation Service Rules and Procedures. The parties agree to use Xxxx Xxxxxxx, Xxxx Xxxxx, or Xxxxxx Xxxxxxx as the permanent panel from which to select arbitrators for all arbitrations during the term of this agreement. When available, Xxxx Xxxxxxx shall be the arbitrator for all grievances involving classification and compensation.
(d) The arbitrator shall have the authority and jurisdiction only to interpret and apply the provisions of this Agreement insofar as it shall be necessary to the determination of the merits of such grievance, but he shall not have jurisdiction or authority to add to or detract from or alter in any way the provisions of this Agreement. The arbitrator shall in no event award back pay prior to the date of the infractionoccurrence or the non-occurrence of the event upon which the grievance is based. The decision of the arbitrator shall be final and binding on both parties, subject to the limitations herein specified.
(e) The expenses of the arbitrator shall be the sole responsibility of the unsuccessful party to the arbitration. In the event of a split award by the arbitrator the parties will equally share the expense of the arbitrator. Each party shall be liable for any expenses incurred on its own behalf.
(f) Any grievance not answered within the time limits by the Employer shall be deemed settled on the basis of the Union's last demand. In the event the person responsible for management's response is not available at Step I, the aggrieved Employee grievance shall automatically move to the next step.
(if applicableg) Any grievance not appealed by the Union within the time limits shall be deemed settled on the basis of the Employer's last answer.
(h) Each grievance when reduced to writing shall be on a grievance form (Appendix C), and shall contain a clear and concise statement specifying the article or articles of the contract that has allegedly this Agreement claimed to have been violated (and how)violated, the adjustment soughta brief set of facts, and the facts necessary to support the relief requested. No written grievance statement may contain more than one grievance. Any grievance which does not comply with this paragraph shall not be accepted by the Employer, and shall be returned by the Employer without action.
(i) The Director time limits at any step may be waived or his/her extended only by written agreement between the Human Resources Manager and the Local President, or their designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,their absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Definition – a grievance is an alleged violation or claimed misinterpretation of a specific article or section of this Agreement. These forms are available in the Staff section of the Corporation website at xxx.xxxxxxxxxxx.x00.xx.xx
A. A grievanceProcedure If in the judgment of the Association a grievance affects a group or class of bargaining unit employees, subject the Association may submit such grievance in writing to the following procedure, shall include any and all disciplinary action taken by Superintendent or the University, except for discipline of probationary EmployeesSuperintendent’s designee directly, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said such grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal shall be commenced at Step Two of the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)procedure.
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five STEP 1 Within fifteen (5) working days of its occurrence or within five (515) working days of the date time that the grievant knew, or reasonably should have known of the grievance, the grievant shall present the grievance to the school principal during non- teaching hours. Within ten (10) working days after the presentation of the grievance, the school principal shall orally answer the grievance. If the principal or immediate supervisor is unable to respond to or resolve the grievance, it should be reduced to writing and advanced to Step 3 of the procedure.
STEP 2 Within ten (10) working days after the oral answer by the principal, if the grievance is reasonable not resolved in the opinion of the grievance may be stated in writing, signed by the grievant, and submitted to assume that he/she became aware of itthe school principal on the form provided by the School. The Employee has written grievance shall:
a. Name the right teacher involved;
b. State the facts giving rise to request that the Xxxxxxx be called without undue delay for grievance;
c. Identify the purpose specific provisions of attempting this Agreement alleged toviolated;
d. State the contention of the grievant with respect to adjust the grievance; and
e. Indicate the specific relief requested. Within ten (10) working days after receiving the written grievance, the principal shall communicate an answer to the grievance and in writing to be accompanied the grievant.
STEP 3 If the grievance is not resolved by Step 2, the Xxxxxxx. The Supervisor shall respond orally grievant may, within five ten (510) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 principal’s written answer, or in appeal to the case of a Superintendent by filing the grievance filed by and the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days principal’s answer along with any written response of the date it is reasonable grievant to assume that the Union became aware answer of it. Each party’s representative the principal, with the Superintendent, who 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 2receipt therefore. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The DirectorSuperintendent, or his/her designated representative representative, shall give his/her the grievant an answer in writing within three no later than ten (310) working days after receipt of any written grievance, principal’s answer, and written response, properly filed with the Superintendent.
STEP 4 Within ten (10) working days after receiving the decision of the Superintendent, an appeal from the Superintendent’s decision may be made to the Board. The Board shall hold a hearing on the grievance at a regular or special meeting, at the Board’s option, and render its decision in writing to the grievant. The Board may not consider any material, allegation, or remedy that is not presented in Step 3, but may, in its discretion, hear evidence concerning any of the material, allegations, or remedies that were presented in Step 3. Within ten (10) working days after the hearing by the Board, the Board shall announce its decisionin writing to the grievant, and the Board’s decision shall be absolute and final, subject only to such judicial review as is provided by the law of the State of Indiana, and of the United States of America.
B. Hearings Xxxxxxxx, as contemplated by this grievance agreement, shall be conducted at a time and place, chosen by the Board, which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present to attend. Hearings shall be conducted during non-school hours, unless there is mutual agreement for other arrangements.
C. Time Limits Time limits herein may be extended only by mutual agreement, in writing, signed by bothparties. If there is a failure at any step to communicate the decision on a grievance within the specified time limit, the grievant shall then have the right to proceed to the next step of the procedure as outlined in this Agreement. Any grievance not advanced from one-step to the next within the time limits by the grievant shall be deemed resolved by the answer at the last step, and the grievant shall be forever barred from proceeding further with the grievance. Any grievance which arose prior to the effective date of this meetingAgreement or after the termination date of this Agreement shall not be processed. If satisfactory settlement is Any grievance not reached,presented in Step 1 within ten (10) working days from the time the grievant knew or could have known of the grievance, or any grievance not submitted in writing in Step 2 within the time as therein provide, shall be deemed waived and shall not be processed and the grievant shall be barred from proceeding further with the grievance or the subject matter of the grievance.
Appears in 1 contract
Samples: Master Contract
GRIEVANCE PROCEDURE. A. A grievance, subject to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step Section 1. An Any Employee having a specified grievance shall present take the matter up with his xxxxxxx, who shall attempt to adjust the matter, consistent with the terms of this Agreement, as soon as possible. If the Employee so requests, the xxxxxxx will arrange to have their committeeperson or xxxxxxx (as the case may be) represent them, providing this does not result in unduly delaying or interfering with normal operations. The Employee will not be required to continue discussion of the grievance after they have given the facts to their supervisor if they do not desire to do so.
Section 2. Discussion and settlement of grievances and other work related Union business will be handled during the last half hour of the work day unless other arrangements are made, but in cases of emergency requiring immediate action, they will be discussed at the time of the occurrence.
Section 3. Grievances which are not so settled shall be reduced to writing on appropriate forms signed by the Employee. A copy shall be given to their Xxxxxxx, who shall attempt to settle the matter and shall give the answer within two (2) regular working days.
a. Prior to the time when a grievance is put into writing, or during the course of the grievance procedure, any member of the bargaining committee may review the fact on which the grievance is based, or the claims made by the grievant, with the appropriate Xxxxxxx.
b. When a grievance is put into writing there will be included, or attached in writing, sufficient information so that it will be readily possible to his/her Supervisor determine the identity of the grievant(s), the dates when the grievance(s) occurred, the facts of the situation which created the grievance and other such information as will make it plain what the facts are which are claimed as the basis of the grievance. Inadvertent omission of .facts will not prejudice the processing of the grievance.
c. When written answers to grievances are required and the grievance complies with Paragraph 1 above, the answer, if favorable to the grievant, will describe exactly what will be done in settling the grievance. If not, the answer will include whatever details, dates and circumstances are involved, and the reason(s) relied on by the supervisor for denying the grievance.
Section 4. If the grievance is not settled by the Xxxxxxx, it shall then be submitted to the Division Head who shall arrange a meeting within three (3) regular working days to discuss the grievance. They shall give their answer, in writing, within two (2) working days after said meeting.
Section 5. An appeal may be taken from a decision of the Division Head to the Commission's Appeal Committee, consisting of the Personnel Director, Manager- Director and the Road Commission Labor Attorney. when necessary. Said appeals shall be in writing and shall be delivere-::1to the Personnel Director, who will arrange a meeting between the Union Committee and the Commission's Appeal Committee within ten (10) working days, notice of which shall be sent to the Union within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of itsaid meeting date. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor Appeal Committee shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reachedrender its decision, The Employee or Xxxxxxx 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 Xxxxxxx on behalf of all Employees similarly situatedwriting, within five (5) working days of after the date it is reasonable to assume that meeting.
Section 6. Both the Union became aware and the Employer shall have the right to request the presence of it. Each party’s representative shall be responsible for making certain that any and all relevant contentions and evidence, that are available parties involved in a grievance 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 subject any step of the grievance (what happened?), procedure.
Section 7. A committee person and/or the date Employee involved may take an appeal to the next step in case a grievance is not settled in any of the infraction, the aggrieved Employee (if applicable), the article foregoing steps. Committeepersons may handle grievances in all steps of the contract that has allegedly been violated grievance procedure, but if there is no committeeperson in a particular District, Employees may be represented by a xxxxxxx designated by the Union in handling grievances with the xxxxxxx in accordance with prior practice. Such stewards will receive their usual compensation while handling grievances during normal working hours.
Section 8. If additional time is deemed necessary to properly investigate matters relative to the grievance at any step outlined above, such additional time may be granted only if mutually agreed upon between the Union and the Employer.
Section 9. Grievances not presented to the xxxxxxx within ten (and how)10) scheduled working days of their occurrence, or within ten (10) scheduled working days of when the adjustment soughtoccurrence first became known or should have become known will be deemed abandoned, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, grievances not to exceed three (3) in number, in addition appealed from one step to the President and Secretary, next within five (5) scheduled working days of receipt from decision at any step will be considered settled on the basis of the grievancelast decision. The Directortime limits contained in this section may be extended only by written agreement signed by the authorized representative(s) of the Employer and the Union.
Section 10. In the event the Employer shall fail at any step in the grievance procedure to arrange a meeting or submit an answer within the time limits provided in the foregoing sections, or his/her designated representative shall give his/her answer the Union may notify the Employer that it is taking the grievance involved to the next higher step, and omitting the step involved. Said time limits may be extended only by written agreement signed by the authorized representative(s) of the Employer and Union.
Section 11. Notwithstanding any provision of Article VI, the Union may commence any grievance not arising from the daily work routine directly with the Division Head level of the grievance procedure as set forth in writing within three Section Four (34) working days of this meeting. If satisfactory settlement is not reached,Article VI.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievanceSECTION 1: The following is the procedure for the resolution of grievances, subject to which are defined as disputes involving the following procedure, shall include any and all disciplinary action taken by the University, except for discipline interpretation or application of probationary Employees, and any and all questions this Agreement and disputes involving contract interpretation. A grievance may discharge, suspension or an involuntary demotion.
SECTION 2: Every effort shall be filed made by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said parties to settle any grievance will begin with as expeditiously as possible. Should the second step provided herein. In the event the University does not respond grieving party fail to a grievance within observe the time limits as set forth hereinout in the steps of this Article, the grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limit may be advanced to the next step. Time limits provided herein may be extended if mutually agreed upon in writing by management and the grievant, or the union representative if the grievant exercises the option of union representation. For the purposes of this Section, weekday shall mean Monday through Friday, exclusive of City observed holidays.
SECTION 3: The parties agree that the grievance procedure shall be the sole and exclusive method, except as otherwise provided, for resolving any dispute involving the application or interpretation of this Agreement, or any matter involving discharge, suspension, or involuntary demotion, provided that any employee may, at the employee's option, pursue a grievance over discharge, suspension or involuntary demotion through the procedures of the Civil Service Board rather than through this grievance procedure. Involuntary demotion appointments resulting from reclassification shall not result in a reduction in pay to the incumbent and shall not be grievable or appealable. An employee may utilize the grievance procedure provided for in Section 4 or may utilize the Civil Service procedure, but not both. An employee utilizing the grievance procedure of Section 4 shall by such action conclusively abandon any right to Civil Service Board procedures.
SECTION 4: The grievance shall be presented in the following manner:
Step 1. The employee or Union may appeal Representative shall first present the grievance to the next appropriate step employee's immediate supervisor within ten (10) workdays of the Grievance Procedure. A grievance not appealed occurrence of the event(s), which gave rise to the next progressive step of grievance. Such contact between the Grievance Procedure within employee or Union Representative and the specified time limits after receipt of a disposition immediate supervisor may be on an oral basis, but shall be considered settled pursuant to such last step answer specifically identified as a grievance by the employee or withdrawn without prejudice Union Representative and noted by the immediate supervisor. The immediate supervisor shall respond in writing within ten (W.W.P.)10) workdays of hearing the grievance.
Step 12. An Employee having a Any grievance that cannot be satisfactorily settled with the employee's immediate supervisor shall present it be reduced to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied writing by the Xxxxxxx. The Supervisor employee or Union Representative and shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same next be presented to the Director of the Unit or a designated representative within five (5) working days of receipt of the Supervisoremployee's answer, or in the case of a grievance filed by the Xxxxxxx 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 2division head. The grievance shall must be signed by presented to the aggrieved Employee or Employees and shall set forth the subject division head in writing within ten (10) workdays of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievanceimmediate supervisor's reply. The Director or his/her designated representative written grievance at this step and all steps thereafter shall call a meeting with contain the Grievance Committee, not to exceed three (3following information:
1) in number, in addition to the President and Secretary, within five (5) working days of receipt A written statement of the grievance. , including date of occurrence, and details and facts upon which the grievance is based.
2) The DirectorArticle(s) and Section(s) of the Labor Agreement alleged to have been violated.
3) The action, remedy, or his/her designated representative solution requested by the employee or Union Representative.
4) The signature of the aggrieved employee or Union Representative.
5) A copy of the Step 1 written response.
6) The division head shall give his/her answer render a decision on the grievance, in writing writing, within three (3) working days of this meeting. If satisfactory settlement is not reached,ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. Section 1 The purpose of the procedure set forth in this Article is to produce prompt and equitable solutions to those problems, which from time to time may arise and affect the conditions of employment of the employees covered by this Agreement. The Committee and the Union desire that such procedure shall always be as informal and
Section 2 Nothing contained in this Article shall be construed as limiting the right of any aggrieved employee from discussing their grievance informally under the grievance procedure and from having their grievance adjusted, without the intervention of the Union, provided any such adjustment is not inconsistent with the terms of this
Section 3 A grievancegrievance is defined as a question, subject to complaint or dispute involving the meaning, application or interpretation of or compliance with the terms and provisions of this Agreement, and shall include, except as otherwise included herein, the discharge, suspension, demotion or other termination of an employee.
Section 4 Grievances, except as is otherwise provided for herein, shall be processed in accordance with the following procedure:
a. Level One The aggrieved employee shall first present their grievance orally or in writing to their immediate supervisor. If the grievance is presented in writing, it shall include any and all disciplinary action taken by give a summary of the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth hereinfacts involved, the Union may appeal provision or provisions of this agreement allegedly violated and the relief desired. The immediate supervisor shall advise the aggrieved employee in writing of the decision made with respect to the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days after the grievance is presented.
b. Level Two If at the end of its occurrence the five (5) working days next following the presentation of the grievance at Level One the grievance shall not have been disposed of to the employee’s satisfaction, the aggrieved employee or the Union may within five (5) working days thereafter submit their grievance in writing to the Superintendent. The written grievance shall give a summary of the date it is reasonable to assume that he/she became aware facts involved, the provision or provisions of itthis Agreement allegedly violated and the relief desired. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five Within ten (510) working days following after receipt of the discussionwritten grievance, the Superintendent shall meet with the aggrieved employee and a representative or representatives of the Union in an effort to settle the grievance. In the event of the absence or disability of the Superintendent, their designated representative shall act on their behalf. Within ten (10) working days after the conclusion of said meeting, the Superintendent or their representative, as the case may be, shall advise the aggrieved employee and the Union in writing of their decision concerning the grievance.
c. Level Three If satisfactory settlement the Union is not reachedsatisfied with the disposition of the grievance at Level Two or if no decision has been rendered with ten (10) working days after said meeting of the Superintendent, the Union and the aggrieved employee, the Union may give written notice to the Superintendent within thirty (30) working days after the date of the Superintendent’s decision in Level Two or within forty (40) working days after said meeting with the Superintendent if no decision has been rendered, present the grievance for arbitration. In such cases the following procedure will be followed:
(1) The Employee or Xxxxxxx Association shall reduce forthwith submit the grievance to writing on forms supplied by the Employer and submit same to American Arbitration Association, Boston, Massachusetts, for disposition in accordance with the Director applicable rules of the Unit or a designated representative within five American Arbitration Association.
(52) working The arbitrator selected shall hold hearings promptly and, unless the time shall be extended by mutual agreement, shall issue their decision not later than thirty (30) days of receipt from the date of the Supervisor's answer, or in the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days close of the hearings or, if oral hearings have been waived, from the date it is reasonable to assume that of submission of the Union became aware of it. Each partyfinal statements and proofs.
(3) The arbitrator’s representative decision 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 in writing and shall set forth the subject their findings of fact, reasoning and conclusion. The authority of the arbitrator shall be limited to the terms and provisions of this Agreement and the question or questions, which are submitted. The arbitrator shall have only the power to interpret what the parties to this Agreement intended by the specific clause in the Agreement, which is at issue. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The arbitrator shall have no authority to establish wages or other compensation, nor to alter, modify or change in any way the terms and provisions of this Agreement.
(4) The decision of the arbitrator shall be final and binding upon the Committee, the Union and the aggrieved employee.
(5) The fee and expenses of the arbitrator and the expenses directly related to the arbitration hearing shall be shared equally by the Committee and the Union.
Section 5 If at the end of the thirty (30) working days next following the occurrence of any grievance (what happened?), or the date of the infractionfirst knowledge of its occurrence by any employee affected by it, the aggrieved Employee (if applicable)grievance shall not have been presented at Level Two of the procedure set forth above, the article grievance shall be deemed to have been waived. Any
Section 6 If, in the judgment of the contract that has allegedly been violated (Union, a grievance affects a group or
Section 7 The time limits hereinabove specified for the bringing and how), processing of a grievance may be extended by mutual agreement of the adjustment sought, Union and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee.
Section 8 No written communication, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Directorother document, or his/her designated representative record relating to any grievance shall give his/her answer be filed in writing within three (3) working days the personnel file of this meeting. If satisfactory settlement is not reached,any employee involved presenting
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A It is the intent of the parties to this Agreement that the Grievance procedure set forth the 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 or other conditions of employment. In order to be a proper matter for the grievance procedure, the grievance must be presented within seven (7) working days of the employee’s knowledge of its occurrence. The Board will answer, in writing any grievance presented to it, in writing by the Union. All grievances shall be submitted in a legible, consistent manner, stating the full nature of the grievance and specific areas of contract violation. In all meetings, conferences, and discussion evolving from the grievance only those specific areas of contract violation. In all meetings, conferences, and discussion evolving from the grievance, subject only those specific areas cited within the grievance shall be discussed, and the Board is in no way bound to discuss additional matters of unstated items. It is agreed and understood that at any time when the grievance procedure doesn’t fit the existing chain of command that the Union will refer it to the following procedure, next applicable step provided. The time period used shall include any be those allotted days authorized between the skipped step 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 may be filed by next applicable step.
A. If the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University Union does not respond adhere to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate stipulated at any step of the Grievance Procedure. A grievance not appealed to procedure, the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition grievance shall be considered settled pursuant to such last step answer or be withdrawn without prejudice (W.W.P.)regard to the merits of the grievance or the positions of the parties.
Step B. The time limits provided may be extended by mutual agreement of the Union and the Board.
STEP 1. An Employee : Any employee having a grievance shall present it the Board as follows:
A. If an employee feels he has a grievance, he shall discuss the grievance with his xxxxxxx and immediate supervisor.
B. If the matter is thereby not disposed of, it will be submitted in written form by the xxxxxxx to his/her Supervisor the immediate supervisor within five two (5) working days of its occurrence or within five (52) working days of the date it is reasonable to assume that he/she became aware of itmeeting. The Employee has the right to request that the Xxxxxxx be called without undue delay xxxxxxx shall have necessary time for the purpose of attempting to adjust processing the grievance and to be accompanied by the Xxxxxxxgrievance. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Upon receipt of the Supervisor's answergrievance, or in the case of a grievance filed by Supervisor shall sign and date the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days xxxxxxx’x copy of the date it is reasonable grievance.
C. The immediate Supervisor shall give his answer 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed xxxxxxx within three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director.
STEP 2: If the answer is not satisfactory to the Union, or his/her designated representative it shall give his/her answer be presented, in writing writing, by the xxxxxxx to the Superintendent within three five (35) working days after the immediate Supervisor’s response is due. The Superintendent shall sign and date the xxxxxxx’x
STEP 3: If the grievance remains unsettled, the Union must submit in writing an appeal to the Secretary of this meetingthe Board within seven (7) working days after the response of Step 2 is due. If satisfactory settlement is not reached,The Superintendent or the Board Secretary shall sign and date the xxxxxxx’x copy. The Board Secretary shall respond, in writing, to the Chief Xxxxxxx within five
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A Continued
D. Step III If the building administrator fails to resolve the grievance, subject or if the Association initiates the grievance, it may be presented in writing to the following procedureAssistant Superintendent. The Assistant Superintendent will attempt to adjust the grievance and will submit the answer in writing to the aggrieved within five (5) work days, shall include any with a copy thereof to the building administrator and all disciplinary action taken the Secretary of the Association. An employee may be accompanied and/or represented by the UniversityAssociation, except for discipline or by a member of probationary Employeesthe Local Association employed by the Employer, and any and all questions and disputes involving contract interpretationif the employee so desires, to present the formal grievance. A Once said grievance reaches Step II, the Superintendent and/or Assistant Superintendent may discuss the grievance with the Association.
E. Step IV If the Assistant Superintendent fails to resolve the grievance, it may be filed presented in writing to the Office of the Superintendent. The Superintendent will attempt to adjust the grievance and will submit the answer in writing to the aggrieved within eight (8) work days with a copy thereof to the Assistant Superintendent, the building administrator and the Secretary of the Association. An employee may be accompanied and/or represented by the Xxxxxxx on behalf Association, or by a member of all Employees similarly situated the Local Association employed by the Employer, if the employee desires, to present the formal grievance.
F. Conferences may be requested by the employee at any of the steps in which event processing of said the grievance will begin with procedure. An employee may be accompanied and/or represented at the second conference by the representation permitted at the step provided herein. in the Grievance Procedure.
G. Step V In the event the University does Association is not respond satisfied with the decision of the Employer, the grievance may be submitted to arbitration by the Association delivering written notice of its desire to arbitrate to the Employer and the American Arbitration Association within twenty (20) work days after the aggrieved receipt of the Step IV decision of the Employer. The arbitrator shall be selected and the arbitration shall be conducted under the rules of the American Arbitration Association. The fees and expenses of the arbitration shall be shared equally by the Employer and the Association. The arbitrator shall not invade the province of the courts to render opinions on the legality of any of the provisions of the contract, but, rather, the arbitrator shall confine the decision to the sole question of whether or not there has been a violation of this contract. The arbitrator shall give no opinion with respect to any matter left by this Agreement or by the law to the discretion of the Board. The Arbitrator’s decision on any issue properly before him/her shall be final and binding on the Employer and the Association and any employee involved. Whenever a grievance submitted to arbitration has as a proposed remedy retroactive pay and/or assignment, the Employer and the Association shall select an arbitrator who shall conduct the hearing within ninety (90) working days from the date of submission of the grievance to arbitration.
H. Failure on the part of employees or appropriate representatives to appeal a decision within ten (10) work days from date of receipt of answer at any step of the procedure will be considered a withdrawal of the grievance or shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. To extend the time limits of this article, a letter of intent to continue the grievance at the next step must be filed within the time limits of this paragraph by the aggrieved and in any event the aggrieved must proceed with the next step within a period not to exceed thirty (30) days.
I. If the employer fails to provide a written answer to the grievance within the time limits set forth hereinspecified at Steps II, the Union may appeal III and IV the grievance is then considered resolved in favor of the Employee/Association.
J. Any individual employee at any time may present grievances and have the grievances adjusted, without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement. The Association will be given an opportunity to have an Association representative present at such hearings and adjustments.
K. The Employer and the Association will encourage its members not to participate in coercion or reprisals against any persons relative to the next appropriate step grievance procedure.
L. Forms for submitting grievances will be provided by the Association. The reply forms will be provided by the Employer.
M. All documents, communications and recorded dealings with a grievance shall be filed separately from the personnel files of the Grievance Procedure. A grievance not appealed aggrieved or any of the participants as otherwise indicated herein to the next progressive step contrary.
N. During the pendency of the Grievance Procedure within the specified time limits after receipt of any proceedings and until a disposition determination has been reached, all proceedings shall be considered settled pursuant to such last step answer or withdrawn private, and any preliminary disposition will not be made public without prejudice (W.W.P.)the agreement of all parties.
Step 1. An Employee having a grievance O. The time limits provided in this Article shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days be strictly observed and may be extended by written agreement of the date it is reasonable to assume that he/she became aware of it. The Employee has parties as set forth in Article 10, Paragraph H.
P. In the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust event the grievance is filed after June 1st of any year and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same strict adherence to the Director time limits may result in hardship to any party, the administrative staff will use their best efforts to process such grievances prior to the end of the Unit school term 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,as soon thereafter as possible.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 12.1 Any difference between any employee covered by this agreement and the Board, or in a proper case between Local No 1 of the Alberta Teachers' Association and the Board concerning the interpretation, application, operation or alleged violation of this agreement and further, including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided,
12.2 Such difference (hereinafter called "a grievance, subject ") shall first be submitted in writing to the following secretary-treasurer of the Board and to the Economic Policy Committee chair Local No 1 of the Alberta Teachers' Association, as the case may be. Such written submission shall be made within 15 days from the date of the incident giving rise to the grievance or from the date the grievor first had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and the articles of this
12.3 In the event the grievance is not settled within 15 days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five days have elapsed from the expiration of the aforesaid 15 days time period, the grievance shall include any be referred in writing to the grievance committee.
12.4 Such grievance committee shall be composed of two representatives of the Board and two representatives of the Local No 1 of the Alberta Teacher's Association. A quorum of this committee shall consist of all disciplinary action taken by members. The grievance committee shall meet and endeavor to resolve the Universitygrievance and shall render its decision in respect of the grievance within 21 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except where, by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for discipline the purpose of probationary Employeesobtaining further information. If the
12.5 If the grievance committee does not reach a unanimous or any decision within the said time, then either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 21 day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.
12.6 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and any and all questions and disputes involving contract interpretationshall so inform the other party of its appointee. A grievance may be filed by The two members so appointed shall, within five days of the Xxxxxxx on behalf appointment of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereinof them, appoint a third person who shall be the chair. In the event of any failure to appoint a chair, either party may request the
12.7 The arbitration board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and to be heard.
12.7.1 The arbitration board shall not change, amend or alter any of the University does terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not respond depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by or arising during the term of this agreement.
12.7.2 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the chair governs and it shall be deemed to be the award of the board.
12.7.3 The arbitration board shall give its decision not later than 14 days after the appointment of the chair, provided, however, that this time period may be extended by written consent of the parties. Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chair.
12.8 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
12.8.1 In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the board), the grieving party fails to take the necessary action within the time limits set forth hereinlimit specified, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject deemed to be at an end.
12.8.2 Any of the grievance (what happened?), aforesaid time limits may be extended at any stage upon the date written consent of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,parties.
Appears in 1 contract
Samples: Salary Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject 1. The Guild shall designate a committee of its own choosing to take up with the Employer or the Employer’s authorized representative any matter arising from the application of this agreement or affecting the relations of the employees and the Employer.
2. The Union agrees to attempt to resolve a dispute before filing a grievance through a call to a Human Resources Department representative and discussing the dispute.
3. The Employer or the Employer’s authorized representative shall meet with the grievance committee within five (5) days after request for such meeting. time limitation on the filing of grievances does not apply to the following procedureremedy of the grievance. When the Employer exercises its rights under Article I, Exemptions, to exempt positions not previously exempted, the Employer will give the Union at least two (2) weeks’ written notice in advance of the implementation of the change. If the Union challenges the Employer’s action, the Union will inform the Employer of its protest in a written grievance within thirty (30) calendar days from the date of receipt of the notice. The Employer may implement the change pending the outcome of any dispute. In case of discharge, the grievance must be submitted within twenty-one (21) days after notification to the Guild of the action or condition leading to a grievance. This limitation may be extended by mutual agreement. Disposition of the grievance shall include any be in writing and all disciplinary action taken signed by the University, except for discipline Employer or his authorized representative and the designated officer of probationary Employees, the Guild. Appeals and any their subsequent disposition shall be in writing and all questions and disputes involving contract interpretation. A grievance may be filed by signed in the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereinsame manner. In the event new evidence that would substantially alter the University does facts of a discharge case is discovered after the twenty-one (21) day limitation on submission of a grievance or any extension thereof expires, the case may be opened for further consideration by either the Employer or the Guild.
4. The Employer agrees to permit the Guild grievance committee to meet with the Employer or his/her authorized representative within regular working hours provided twenty-four (24) hours’ notice is given and committee members’ work schedules can be rearranged. The restriction of Article XII, Section 2, Hours of Work and Overtime, requiring the working day to fall within nine (9) consecutive hours will not respond apply in this case. If the Employer or his/her authorized representative calls such grievance session, it will be held on company time. In addition, the Employer will grant up to two (2) hours on company time to a maximum of five (5) Guild committee members to attend any grievance within session initiated by the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)Union.
Step 15. An Employee having Conditions prevailing prior to an action or circumstance that results in a grievance shall present be maintained unchanged pending final settlement of the grievance unless the action or circumstance arises out of Article VII-B, Employee Security, Section 1, in which case the action of the Employer shall remain in effect until such action is resolved through appropriate grievance procedure.
6. In the event of failure to adjust the disputes within ten (10) working days after the first grievance meeting, it shall, upon motion by either party, be referred in writing to his/her Supervisor a Resolution Board composed of two (2) representatives of the Union and two (2) representatives of the Employer in a further effort to settle the dispute.
7. In the event said four (4) members of said Board are unable to reach a majority decision on said dispute within five (5) working days of its occurrence after their initial meeting, they shall submit the dispute to final and binding arbitration, and if they are unable to select an arbitrator, they shall request a list from the Federal Mediation and Conciliation Service or the American Arbitration Association. By mutual agreement such lists need not be restricted to arbitrators in the Colorado area. A grievance moved to arbitration will be considered closed with prejudice if the Guild does not send a request for a list to FMCS or AAA within five ninety (590) working days after receiving from the Employer their half of the date it is reasonable to assume that he/she became aware of itcost for such list. The Employee has ninety (90) day deadline can be extended by mutual agreement.
8. Renewal of this contract shall not be a dispute under the right jurisdiction of the arbitrator. The decision shall be limited to request that determining the Xxxxxxx specific disputes submitted to the arbitrator for adjudication. The arbitrator shall have no power to add to, subtract from, change or modify any provisions of this agreement, but shall be called without undue delay for authorized only to interpret the purpose existing provisions of attempting the agreement and apply them to adjust the grievance and to specific facts of the dispute.
9. Costs of such arbitration shall be accompanied borne equally by the Xxxxxxx. The Supervisor parties, except that no party shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance be obligated 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 pay any cost of a grievance filed by the Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,stenographic transcript without express consent.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance8.01 In order to provide an orderly and speedy procedure for the settling of grievances, subject to the following procedureEmployer acknowledges the rights and duties of the grievance committee. The Stewards shall assist any employee which the xxxxxxx represents, shall include any and all disciplinary action taken by in preparing the University, except for discipline presentation of probationary Employees, and any and all questions and disputes involving contract interpretation. A their grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin accordance with the second step provided hereingrievance procedure. In the event the University does not respond to Once a formal grievance within the time limits set forth hereinis lodged, the Union may appeal have the grievance assistance of their assigned National Representative to the next appropriate step Local 2557 during the process.
8.02 The Grievance Committee shall be composed of two (2) representatives from each Home plus the Union president. The president will be involved in Policy Grievances and individual grievances at Step 2, at the Union’s option.
8.03 The Employer agrees that stewards shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties, while investigating disputes and presenting adjustments as provided in this Article. No xxxxxxx shall absent themselves from their work without the permission of their supervisor.
8.04 It is the mutual desire of the parties hereto that complaints of the employees shall be adjusted as quickly as possible, and it is understood that an employee may present an oral complaint at any time, without recourse to the formal grievance procedure herein.
(a) A grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of the Collective Agreement.
(b) Saturday, Sunday and Paid Holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance Procedureor Arbitration procedures.
8.06 It is understood that an employee has no grievance until they have first given their immediate supervisor an opportunity to adjust their complaint. A grievance not appealed If an employee has a complaint, they shall discuss it with their immediate supervisor. In order to be considered a grievance, such discussion must take place within ten (10) working days after the circumstances giving rise to the next progressive step complaint first occurred or originated. The immediate supervisor shall communicate their reply to the complaint within ten (10) working days. If such complaint is not settled to the satisfaction of the Grievance Procedure within employee concerned, the specified time limits after receipt of complainant may file a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).written grievance in the following manner and sequence:
Step 1. An Employee having : The employee, with the assistance of the Union xxxxxxx, shall submit a written statement of the grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days after they have received the reply of the date it is reasonable supervisor to assume that he/she became aware of itthe Administrator. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor Administrator shall respond orally deliver their decision in writing within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce day on which the grievance was presented to writing on forms supplied by the Employer and submit same them. Failing settlement, then:
Step 2: The grievance shall be referred to the Director of the Unit General Manager, Long Term Care and Corporate Manager, Human Resources or a designated representative their designates in writing within five (5) working days of receipt of the Supervisor's answer, or decision in the case of a Step 1. The grievance filed shall be discussed by the Employer's Committee, the Union President, the Xxxxxxx on behalf or designate, the grievor and the National Staff Representative, within fifteen (15) working days of all Employees similarly situated, the decision in Step 1. The Employer's Committee shall give their decision in writing 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 subject of the grievance (what happened?), from the date of the infractionmeeting.
Step 3: Failing a satisfactory settlement being reached in Step 2, then the grievance may be referred in writing by either party to arbitration as provided in Article 9 – Arbitration, at any time within 20 twenty working days after the final decision is given in Step 2. Notwithstanding the referral to arbitration, the aggrieved Employee (if applicable), parties may mutually agree to refer a grievance to an independent grievance mediator to try and resolve the article grievance prior to arbitration. The parties will equally share the fees and expenses of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,grievance mediator.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievanceDuring the life of this Agreement, subject should any difference arise con- cerning the interpretation, application, operation, or any violation of this Agreement, including any questions as to whether any matter is arbitrable or should any local trouble arise on a packer, there shall be no stoppage of work or strikes on the following procedure, shall include any and all disciplinary action taken by the University, except for discipline part of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal nor shall there be any lockouts on the part of the Company until the grievance to the next appropriate step of the Grievance Procedureprocedure has been with. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it It is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 general interest of both parties to prevent the elevation of minor questions into formal grievances and as a grievance filed by the Xxxxxxx on behalf of all Employees similarly situatedpossible means to this end, employees are urged to raise grievances imagined or otherwise with their Captain or other Company representative, but in any event, within five (5) working days of the date day on which the grievance arose. Employees have the right to go directly to their Union representative if they wish to do so. The successive steps to be taken in the handling of any grievance until it is reasonable to assume that the Union became aware of it. Each party’s representative settled shall be set forth in the followings The employee shall notify the Boat Delegate who shall immediately app- xxxxx the Captain, the fleet supervisor, or such other person desig- nated as the representative of the Company responsible for making certain labour relations involving tendermen. If no settlement is made, the employee and/or the Boat Delegate shall notify the Captain or Company representative that all relevant contentions he intends to pursue the the grievance and evidence, that are available at thereupon immediately advise the Union's Business Agent and/or a full time and have been developed and considered, are presented at Step 2Union representative of the alleged violation of the Agreement. The grievance shall be signed by the aggrieved Employee or Employees placed in writing and shall set forth the subject include full details of the grievance (what happened?), alleged violation and reference to the date pertinent section of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievanceAgreement. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of Upon receipt of the written submission, a meeting be arranged between Management and the Grievance Committee and/or full time representatives of the Union to attempt resolution of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,.
Appears in 1 contract
Samples: Tendermen's Agreement
GRIEVANCE PROCEDURE. A. Grievance shall mean, a complaint submitted, in writing, by a Paraprofessional or a group of Paraprofessionals within the bargaining unit, that there has been a violation, misinterpretation or misapplication of any provision of this Agreement. Initiation of a grievance may be verbal, at the first step.
Section 1 — Procedures
1. A grievance submitted under the following procedure may be withdrawn by the Chapter Chairperson or his/her designee and/or the Union at any step of the grievance procedure, without prejudice. Such grievance, subject once withdrawn in writing, shall be considered by all parties as having been satisfactorily settled.
2. Failure of the Chapter Chairperson or his/her designee to file a grievance or appeal within the following specified time limit, at any step of the grievance procedure, shall include any and all disciplinary action taken by constitute the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretationgrievance as being dropped.
3. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not Failure to respond to a grievance within the time limits set forth herein, the Union may appeal limit prescribed at any step of the grievance procedure shall be considered as an unsatisfactory response and the grievant may proceed to the next appropriate step of in the Grievance Proceduregrievance procedure.
4. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition Grievances, as defined, shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).presented and adjusted in accordance with the following procedure:
Step 1. An Employee having a grievance shall present it to a. The Paraprofessional may discuss items he/she believes are grievances with his/her Xxxxxxx or the Chapter Chairperson or his/her designee, before his/her shift begins or after it ends, except for a clearly recognized emergency.
b. The Xxxxxxx or Chapter Chairperson or his/her designee may informally discuss a grievance with the immediate Supervisor of the member(s) initiating the complaint.
a. In the event the matter is not resolved informally, it shall be reduced to writing and submitted in triplicate as a grievance, to the immediate Supervisor.
b. Grievances must be filed, in writing, within five ten (510) working days from the act or condition, which is the basis of its occurrence the grievance, or the Paraprofessional has been made aware of the grievance. Copies of the written grievance, signed by the Paraprofessional, and/or the Union representative, shall be submitted to the immediate Supervisor.
c. The immediate Supervisor shall respond, in writing, to the grievance and tender it to the Chapter Chairperson or his/her designee, within five ten (510) working days of the date it is reasonable receipt of the written grievance.
a. Within ten (10) working days after receiving the decision from the immediate Supervisor, the Chapter Chairperson or his/her designee, may appeal this decision to assume that he/she became aware of itthe Personnel Director. The Employee has appeal shall be in writing and be accompanied by a copy of the right to request that original grievance and the Xxxxxxx be called without undue delay for the purpose of attempting to adjust decision at STEP I.
b. The Personnel Director/designee shall respond by investigating the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally scheduling a second step meeting within five ten (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 (510) working days of receipt of receiving the Supervisor's answer, or in appeal. Those attending the case of a grievance filed by second step meeting will be the Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Personnel Director or his/her designated designee, the immediate Supervisor, the Chapter Chairperson, the Xxxxxxx of the affected school or building, the grievant and a representative from Michigan AFSCME Council #25 and/or its International Union. The Personnel Director shall call a meeting answer the grievance in writing within ten (10) working days with copies being sent to the Grievance Committeerepresentative of the Employer first notified of the grievance and the Chapter Chairperson. STEP III:
a. If the decision of the Personnel Director and/or his/her designee is not satisfactory to the Union, not to exceed three within ten (310) in numberworking days thereafter, the Union will notify the Personnel Director, in addition writing, of its intent to arbitrate. The grievance will be submitted to arbitration before an impartial arbitrator selected by the President and Secretaryparties. If the parties cannot agree on an arbitrator, within a request for a list of five (5) working days arbitrators shall be made to the American Arbitration Association Service. The parties agree to follow all AAA rules for arbitrator selection and processing of receipt arbitrations. The Board and the Union shall not be permitted to assert in such arbitration proceedings any grounds or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the grievancearbitrator. The Directorfees and expenses of the arbitrator shall be borne equally by both parties. All complaints and appeals must be in writing. They shall contain a specific, but concise statement of the facts upon which the grievance is based, a specific reference to the Sections, Articles and Paragraphs of the Agreement which have been misinterpreted or his/her designated representative violated; the date of the violation; the specific nature of the relief requested; and shall give his/her answer be signed and dated by the Paraprofessional involved.
b. There shall be strict adherence to the time limits specified in writing within three (3) working days of this meeting. If satisfactory settlement procedure except when a time limit, in any specific instance, is not reached,extended by mutual written agreement.
c. The Chapter Chairperson will be allowed to seek the advice and counsel of, and to have present at any hearing on a step in the grievance procedure, parent Union Representation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to Grievances within the following procedure, meaning of the grievance and arbitration procedure shall include any consist only of disputes about the interpretation or application of particular clauses of this Agreement and all disciplinary action taken by the University, except for discipline about alleged violations of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereinthis Agreement. In the event of any dispute concerning the University does not respond to meaning or application of any provision of this Agreement or a dispute concerning an alleged violation of this Agreement, there shall be no suspension or disruption of work, but such dispute shall be treated as a grievance within and shall be settled, if possible, by and the time limits set forth hereinUnion. In the interests of expediting the procedure, the parties shall process grievances in the following manner: The grievance procedure and arbitration procedure in Article do not apply to jurisdictional disputes. PRELIMINARY DISCUSSION Disputes arising out of the interpretation or alleged violation of this Agreement should, if possible, be settled by discussion between the employee and/or his xxxxxxx and the employee's supervisor. If the employee affected is a xxxxxxx, the preliminary discussion will be between the Accredited Union Representative and the xxxxxxx'x supervisor. FIRST STEP If a dispute cannot be resolved by this method, the Accredited Union Representative may appeal file a formal grievance on the prescribed form with the Manager of Construction or the Field Construction Manager within fifteen (15) working days of the alleged grievous act. Within ten working days of the filing of the grievance, the Manager of Construction or Field Construction Manager shall investigate the grievance and convene a First Step meeting which he or the Accredited Union Representative considers necessary to resolve it. The Management Committee shall be comprised of the Manager of Construction or the Field Construction Manager or their designate plus at least one representative of the Employer named in the grievance. The Union Committee shall include at least two persons, one of whom shall be the Accredited Union Representative for the The Manager of Construction or Field Construction Manager shall give his reply on the prescribed form to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor Accredited Union Representative within five (5) working days from the date of its occurrence the First Step meeting. Copies of completed grievance forms signed by the appropriate parties shall be filed by the Manager of Construction or the Field Construction Manager with the General Manager of The Accredited Union Representative for the will file a copy with the Union. The Representative will send a copy of any signed first step grievance settlement between the Accredited Union Representative and to the Union and office. SECOND STEP Within ten (10) working days after the disposition has been issued under the First Step of this procedure, the Accredited Union Representative may refer the grievance on the prescribed form to Grievance Officer. A copy of the grievance form shall be forwarded by the Accredited Union Representative to the International Representative of the Union. The Grievance Officer shall investigate the grievance and convene a meeting which he or the International Representative considers necessary to resolve it and give his reply on the prescribed form to the International Representative of the Union within five (5) working days of from the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 answergrievance form which was completed at First Step. The Management Committee shall comprise the Grievance Officer plus two other Management Representatives, or in the case one of whom shall be a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days representative 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support Employer named in the grievance. The Director Union Committee shall be comprised of at least the International Representative or his/her designated representative his designate for the If the International Representative elects to appoint a designate, he shall call a meeting inform in writing, of the name of the designate and the duration of appointment. OR UNION GRIEVANCES The processing of or Union grievances will begin at the Second Step. or the Union may submit either policy or specific grievances. Such policy or specific grievances shall be submitted within thirty (30) days of the alleged grievous act. TIME LIMITS The time limits as to both documents and procedures set out in the above sections shall be complied with by the Grievance Committeeparties to this Agreement provided, not to exceed three (3) in numberhowever, that the parties may mutually agree, in addition writing, in respect to an extension or waiver of any of the time limits imposed. Where no answer is given within the time limits specified in the grievance procedure, the employee concerned, the Union, the Union or shall be entitled to submit the grievance to the President and Secretary, within five (5) working days of receipt next step of the grievancegrievance procedure. The DirectorAny grievance not processed within the time limits specified in the grievance procedure shall be deemed to have been settled and ineligible for arbitration. Alleged unjustified termination, discharge, suspension or his/her designated representative disciplinary action may be grieved beginning at First Step. GRIEVANCE FACILITIES shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,provide the necessary facilities for all grievance meetings.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. (a) A grievance is an employee’s expressed feelings of dissatisfaction presented in writing, concerning aspects of her employment or working conditions arising out of the terms and conditions of this Agreement which have not been resolved to the em‐ ployee’s satisfaction through informal discussion with her immediate superior. Such grievances may relate to the interpretation or application of, or compliance with any of the provisions of said Agreement. The ASSOCIATION shall advance grievances of the em‐ ployees to the COMMITTEE.
(b) The COMMITTEE and the ASSOCIATION expect employees and supervisors to make a sincere effort to reconcile their differences. The following procedures are estab‐ lished for settlement of grievances:
1. The employee’s grievance must contain the following information:
a. A statement of the grievance, subject to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step cites that part of the Grievance Procedure. Agree‐ ment, which has been violated;
b. A grievance not appealed statement of remedial action of relief sought;
c. Evidence (documentary, if available) to support the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)grievance.
Step 12. An Employee having a grievance shall present it to The employee or the ASSOCIATION representative must notify his/her Supervisor su‐ pervisor within fifteen (15) working days after the occurrence of the matter which gave rise to the grievance. The supervisor will meet with the aggrieved employee and his/her ASSOCIATION representative and make his/her decision within five (5) working days of its occurrence or within five (5) working days of after the date grievance hearing, unless it is reasonable to assume mutually agreed by the participants that he/she became aware of itadditional time will be allowed.
3. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust Should the grievance and to remain unsettled, it must be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same presented to the Director of the Unit Su‐ perintendent or a his/her designated representative within five (5) working days of receipt after the decision of the Supervisor's answer, ; otherwise the matter will be considered re‐ solved. The Superintendent or in his/her designated representative will meet with the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, ASSOCIATION representative and make his decision within five (5) working days of after the date grievance hearing, unless 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 mutually agreed by the aggrieved Employee or Employees and shall set forth the subject of participants that additional time to answer be allowed.
4. Should the grievance (what happened?)remain unsettled, the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three School Com‐ mittee may be requested ten (3) in number, in addition to the President and Secretary, within five (510) working days of receipt after the decision of the grievanceSuperin‐ tendent; otherwise the matter will be considered resolved. The DirectorSchool Commit‐ tee and/or its authorized representative, or his/her designated representative shall give his/her answer the employee and the employee’s rep‐ resentative will meet within fourteen (14) days after the presentation of the grievance for further discussion thereof in writing an attempt to dispose of such griev‐ ance. A decision will be made within three fourteen (314) working days after said hear‐ ing.
5. Within fifteen (15) working days after the decision of the School Commit‐ tee under the foregoing steps of the grievance procedure, either party may re‐ quest arbitration of such grievance.
(c) Arbitration proceedings shall be conducted by an arbitrator selected under the rules and regulations of the American Arbitration Association. The decision of the arbi‐ trator shall be rendered within fifteen (15) days of the completion of the arbitration hearings, but such period may be extended by mutual agreement of the parties hereto. The award of the arbitrator shall not have the right to add to, detract from, or in any way alter the provisions of this meetingAgreement. If satisfactory settlement is not reached,Furthermore, the arbitration award shall be one such as it permitted by law and the regulations and policies of the Commonwealth of Massachusetts applicable to the COMMITTEE and the employees and the ASSOCIA‐ TION.
(d) The grievance as stated in the Request for Arbitration shall constitute the sole and entire subject matter to be heard by the arbitrator unless the parties agree to mod‐ ify the scope of the hearing.
(e) No employee shall have the right to require arbitration that right being reserved to the COMMITTEE and the ASSOCIATION.
(f) The COMMITTEE will make available, upon request, such records, which the par‐ ties agree, are pertinent to the arbitration and are not, in the opinion of the COMMIT‐ TEE, of a confidential nature.
(g) Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitrator and incidental expenses mutually agreed to in advance shall be shared equally between the two parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to 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. 9.1 A grievance may be filed is defined as a complaint or claim by a Teacher or the Xxxxxxx on behalf Association that there has been an alleged violation, misinterpretation or misapplication of all Employees similarly situated in which event processing any provisions of said grievance will begin with the second step provided hereinthis Agreement. In the event there are multiple grievances filed alleging a breach of the University does not respond Agreement, which grievances allege the same facts or occurrences, the Administration or the Association may elect to combine the grievances for group hearings.
9.2 The Board acknowledges the right of the Association to assist a grievant at any level of the grievance procedure, if it obtains the consent of the grievant, and the Association acknowledges the right of any member of the Administration to receive assistance as desired in any step of the grievance procedure. Failure of any Teacher or the Association to act on a grievance within the prescribed time limits set forth herein, will act as a ban to any further appeal and the Union may appeal Administrator's failure to give a decision within the grievance prescribed time limits shall permit the grievant to proceed to the next appropriate step step. The time limits, however, may be extended by mutual written consent.
9.3 A grievance involving the act of any Administrator above the building level shall initially be filed at Step 2 of the Grievance Procedure. A grievance not appealed to procedure after first having consulted the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition Administrator involved.
9.4 An attempt shall be considered settled pursuant made to such last step answer or withdrawn without prejudice (W.W.P.)resolve any grievance in informal, verbal discussion between grievant and his/her immediate supervisors.
9.5 The steps shall be as follows:
Step 1. An Employee having a If the grievance cannot be resolved informally, the grievant shall present it the grievance in writing on a form attached as Appendix D to his/her Supervisor this Agreement to the principal no later than twenty (20) business days (defined as days during which the Administrative office of the District is open) after the occurrence of the alleged claim or complaint. The principal will arrange for a meeting to take place within the five (5) working business days of its occurrence or within five (5) working days after receipt of the date it is reasonable to assume that grievance. An Association representative selected by the aggrieved party, if said aggrieved party desires said assistance, the aggrieved party, the immediately involved supervisor and any person whose assistance he/she became aware of itrequests, shall be present for the meeting. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor principal shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx on behalf of all Employees similarly situatedthen, within five (5) working business days after the meeting, provide the aggrieved party and the Superintendent with a written memorandum setting forth the disposition of the date it is reasonable to assume that grievance. Such memorandum shall contain reasons upon which the Union became aware disposition 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 matter was based.
Step 2. The grievance shall be signed by If the aggrieved Employee or Employees and shall set forth grievant is not satisfied with the subject disposition of the grievance (what happened?)at Step 1, or if Step 1 time limits expire without the issuance of the principal's memorandum, the date of grievant may then refer the infraction, grievance to the aggrieved Employee Superintendent within ten (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance10) business days thereafter. The Director or his/her designated representative Superintendent shall call then arrange for a meeting with the Grievance Committeesame parties being present in Step 1 within ten (10) business days. Each party to the grievance shall have the right to include in its presentation a counselor, if so desired. Each party may present witnesses (not to exceed three ten (10) witnesses per party) to develop the facts pertaining to the grievance. Upon the conclusion of the hearing of the grievance, the Superintendent shall have ten (10) business days in which to provide his/her written decision to the aggrieved party.
Step 3) in number. If the grievance is not resolved satisfactorily at Step 2, there shall be available a third step of impartial, binding arbitration. The Association may submit, in addition writing, a request to the President Superintendent within ten (10) business days from receipt of the Step 2 answer. The arbitrator shall be selected from the American Arbitration Association in a manner as follows: The Voluntary Labor Rules of the American Arbitration Association then pertaining shall be followed in the selection of an arbitrator. The cost of the arbitrator shall be borne equally between the Association and Secretarythe Board. Should either party request a transcript of the proceedings, within that party will bear the cost of the transcript. The arbitrator’s decision shall be final and binding upon the parties. His/her decision must be based solely and only upon his or her interpretation for the meaning or application of the express language of the Agreement. Neither party to the grievance will be permitted to assert grounds not previously asserted, before the Superintendent. Each party shall be entitled to representation and witnesses. The arbitrator shall have no power to alter the terms of this Agreement.
9.6 The Association shall be provided with up to the equivalent of five (5) working teaching days each year for release time appearances by Teachers at arbitration hearings. Such time will not be cumulative. The Association shall reimburse the Board for the cost of receipt any substitutes required. Such time can be allocated in periods as small as one (1) hour. If more than the allocated Teacher time is required for arbitration purposes in any year, additional hearings will be conducted only during non-classroom time. After school, non- instructional days, vacation periods, weekends, or summer will be used as mutually agreed upon by the Association President and Superintendent.
9.7 An abstract of the grievance shall be placed in the personnel file of the Teacher, said abstract stating the grievant’ s complaint and the ultimate disposition of said grievance. The Directorgrievant may, or at his/her designated representative shall give option, place in his/her answer in writing within three (3) working days of this meetingpersonnel file a letter explaining the grievance.
9.8 Should either party to the grievance procedure wish to employ counsel or a court reporter, it shall be done at the party's own expense. If satisfactory settlement is the arbitrator requests a transcript, both parties will share equally the cost of the same.
9.9 The Board agrees not reached,to take any reprisal against any person for participation or refusal to participate in the grievance process, provided that, if a refusal to participate constitutes insubordination, such refusal may be subject to normal disciplinary procedures. The Association agrees to take no reprisals against any person because of the participation or refusal to participate in the grievance process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section A. A grievanceThe purpose of this article is to provide for a mutually acceptable method for the prompt and equitable settlement of grievances over the interpretation or application of this agreement. This negotiated procedure shall be the exclusive procedure available to the Union and the employees in the bargaining unit for resolving such grievances. Management agrees to obtain any Agency decision on the grievability of a grievance prior to the time limit for the written answer in Step 4 of this procedure. Any rejection of a grievance on the grounds that it is not a matter subject to this grievance procedure, shall be executed at Step 4 of the grievance procedure. Such rejection shall be served upon the Union in writing and shall state that it is the final rejection of the matter for the purposes of requesting a decision from the Assistant Secretary of Labor.
Section B. Most grievances arise from misunderstandings or disputes which can be settled promptly and satisfactorily on an informal basis at the immediate supervisory level. Management and the Union agree that every effort will be made by management and the aggrieved party(s) to settle grievances at the lowest possible level. Inasmuch as dissatisfactions and disagreements arise occasionally among people in any work situation, the filing of a grievance shall not be cons trued as reflecting unfavorably on an employee's good standing, his/her performance, or his/her loyalty or desirability to the organization. Reasonable time during working hours will be allowed for employees and Union representatives to discuss prepare for and present grievances, including attendance at meetings with Management officials.
Section C. Basic procedures and rights of employees shall be observed in taking adverse actions. Actions must be for just and sufficient cause.
Section D. Such grievances may not cover any other matters including matters for which statutory appeals procedures exist. Questions that cannot be resolved by the parties as to whether or not a grievance is a matter for which a statutory appeal procedure exists, shall be referred to the Assistant Secretary for Labor Management Relations for processing under applicable regulations. Other questions as to whether or not a grievance is on a matter subject to 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 procedure may be filed referred to the Assistant Secretary for Labor Management Relations or by mutual consent presented to arbitration as a threshold matter.
Section E. Only the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, Union or someone approved by the Union may appeal the grievance represent employees under this agreement. Informal Step 1: Grievances must be presented to the next appropriate step immediate supervisor within fifteen (15) workdays of the Grievance Procedure. A grievance not appealed to specific act or occurrence being grieved or the next progressive step of date: the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she complainant became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative immediate supervisor shall give his/her a verbal answer in writing within three two (32) working days of this meeting. If satisfactory settlement is not reached,workdays.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A Any difference between any employee covered by this agreement and the Board, or in a proper case between the Local of The Alberta Teachers' Association and the Board concerning the interpretation, application, operation or violation of this agreement and including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work. If the grievance committee does not reach a unanimous or any decision within the said time, then either party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided. Such notice may be given within days after the date of the aforesaid day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter. Such difference (hereinafter called grievance") shall first be submitted in writing to the of the Board and the secretary of the Local of the and the chairperson of the of the Local No Such grievance shall set out the nature of the grievance, subject to the following procedure, shall include any articles of this agreement which it is alleged have been violated 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided hereinremedy sought. In the event the University does grievance is not respond settled within days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five days have lapsed from the expiration of the aforesaid day time period, the grievance shall be referred in writing to the of the Northern Lights School Division No the secretary of Local of the and the chairperson of the of the Local No who in turn shall notify their respective grievance committee. Such grievance committee shall be composed of two representatives of the Northern Lights School Division No and two representatives of The Alberta Teachers' Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within days following receipt of the submission except where by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be and binding. Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairperson. In the event of any to appoint, any party may request the Minister of the Department of Labour to make the necessary appointment, The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard. The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement. The findings decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee effected by it. If there is not a majority, the decision of the chairperson governs and it shall be deemed to be the award of the board. The arbitration board shall give its decision not later than days after the appointment of the provided however, that this time period may be extended by written consent of the parties. Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman, All the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays. In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits set forth hereinspecified, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject deemed to be at an end. Any of the grievance (what happened?), the date aforesaid time limits may be extended at any stage upon written consent of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject The grievance procedures herein provided for are among the most important matters in the successful administration of this Agreement. The Company and the Union therefore agree that 'the designated grievance procedure as hereinafter set forth shall serve as and constitute the sole and exclusive means to the following procedure, shall include any and all disciplinary action taken be utilized by the Universityfor the prompt disposition, except for discipline decision and final settlement of probationary Employeesa grievance arising in respect of the interpretation, application, administration or alleged violation of this Agreement, and any and all questions and disputes involving contract interpretationthe specifically designated grievance procedure shall be strictly followed. A Wherever the term ''grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated is used in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition this Agreement it shall be considered settled pursuant as including the arbitration procedure. shall mean a complaint or claim concerning improper discipline or discharge, or a dispute with reference to the interpretation, application, administration or alleged violation of this Agreement. The Company shall be under no obligation to consider or process any grievance unless such last step answer or withdrawn without prejudice (W.W.P.).
grievance has been presented to the Company in writing at Step 1. An Employee having a of the grievance shall present it to his/her Supervisor procedure within five (5) working days from the time the circumstances upon which the grievance is based were known by the However, if the Company does consider or process a grievance which has been presented late, the Company shall not be estopped or precluded at any stage of its occurrence the grievance procedure from the position that the grievance is late and not arbitrable. All time limits referred to in the grievance procedure herein contained shall be deemed to mean “working days”, exclusive of Saturday, Sunday or the holidays set out in Article hereof. No employee shall have a grievance until he has discussed his complaint with his immediate supervisor. If the employee wishes, he may be accompanied by his xxxxxxx. If the employee’s immediate supervisor does not promptly settle the matter to the employee’s satisfaction an employee’s proper grievance shall be processed as follows: If any employee has a grievance the grievance shall, within the five (5) working days of referred to in Article be reduced to writing and presented to the date it is reasonable to assume that he/she became aware of itShift Coordinator. The Employee has xxxxxxx will present the right written grievance to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxxhis Shift Coordinator. The Supervisor Shift Coordinator shall respond orally give the a written reply as soon as possible but not later than five (5) days after such discussion. If the Shift Coordinator’s reply is not satisfactory to the the next step must be taken within five (5) working days following of the discussionShift Coordinator’s answer, but not thereafter. If satisfactory settlement is not reached, The Employee written grievance referred to above shall identify: the facts giving rise to the grievance; the section or Xxxxxxx sections of the Agreement claimed to be violated; the relief requested; and shall reduce the grievance to writing on forms supplied be signed by the Employer employee and submit same countersigned by his xxxxxxx. STEP No. At this step the written grievance shall be presented to the Director of Manager concerned within the Unit or a designated representative within aforesaid five (5) working days of receipt of the Supervisor's answerShift Coordinator’s written reply, or in but not thereafter. A meeting will be held between the case Chairman of a grievance filed by the Xxxxxxx on behalf Plant Committee together with the xxxxxxx involved, and the Manager concerned together with other representatives of all Employees similarly situatedmanagement, within five (5) working days of the date it is reasonable presentation of the written grievance 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 2Manager concerned. The grievance Manager concerned shall be signed by give his written reply to the aggrieved Employee or Employees and shall set forth the subject Chairman of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, Plant Committee within five (5) days of such meeting. If such Manager’s reply is not satisfactory to the Chairman of the Plant Committee the next step shall be taken within five (5) days after the delivery of such Manager’s reply to the Chairman of the Plant but not thereafter. STEP No. At this step, the Union shall, within the aforesaid five (5) days, notify the General Manager in writing of its desire to appeal the decision of the Manager concerned at Step No. Shortly thereafter, a meeting will take place between the Plant Committee (which may be accompanied by the International Representative of the Union) and the General Manager and any other representatives of management. The shall be required to be present at the request of either party. The Company shall deliver its decision in writing to the Chairman of the Plant Committee within ten (10) working days of receipt such meeting. STEP No. In the event the grievance is not settled at Step No. the party having carriage of the grievancegrievance shall request arbitration of the grievance by giving notice in writing to the other party within thirty-five (35) days from delivery of the decision at Step No. to the Chairman of the Plant Grievance Committee, but not thereafter. If a request for not so given within such thirty-five (35) day period, the decision at Step shall be final and binding upon both parties to this Agreement, and upon any employee involved. The Directornotice to arbitrate shall contain the name and address of the moving party’s nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by the same and shall be restricted at arbitration to the issues presented by the notice. The recipient of the notice shall within five (5) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two appointees so selected shall, within five (5)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 his/her designated representative if the two appointees fail to agree upon a chairman, within the time limited, the Minister of Labour for Ontario shall, if requested within the five (5) days from expiry of the date upon which the two appointees are to appoint a chairman (but not hereafter), forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall govern. The Board of Arbitration shall not be authorized to make any decision inconsistent with provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate in Step. No. of Article hereof. Each party hereto shall bear its own costs of and incidental to any such arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two parties hereto. The time limits and other procedural requirements set out in this Article are mandatory and not and no matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the times specified. The parties recognize that in some departments on some shifts "immediate supervisor" and "Shift Coordinator" shall be the same person, and the grievance shall be filed with such person after being discussed with him as a complaint, pursuant to the provisions hereof. The provisions of this clause shall not be considered to have been waived by the parties or either of them unless they expressly provide a waiver thereof in writing, signed by both parties. complaining employee, and shall not be subject to reopening by any party except by agreement in writing. If the grievance is settled at any step of the grievance procedure, both the Company management and the Union representatives who pass on the same as provided herein shall sign the settlement as endorsed upon the written grievance, so that no question or argument may arise as to what the settlement was. Either party shall have the right to require the attendance of the at any meeting held pursuant to Steps or of the grievance procedure. When an employee’s grievance is settled by the parties or determined by the board of arbitration on the basis that the employee is entitled to be reimbursed for wages lost as a result of action on the part of the Company in violation of this Agreement, such reimbursement shall be retroactive to the date of the presentation of the grievance to the Company in writing. Such reimbursement shall be at the employee’s regular straight time earnings for such hours as the employee would have worked for the Company if the violation had not occurred, but there shall be subtracted therefrom any monies the employee received during such period and any Unemployment Insurance benefits received by the employee during such period. Union Policy Grievance or Company Grievance A Union policy grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, in writing, within seven (7) days from the time the circumstances upon which the grievance is based were known or should have been known by the A meeting between the Company and the Union shall be held within five (5) days of the presentation of the written grievance and shall take place within the framework of Step No. of Article The Company or the Union, as the case may be, shall give his/her answer in writing its written decision within three (3) working days of this such meeting. If satisfactory settlement the decision is unsatisfactory to the grieving party, the grievance may be submitted to arbitration within thirty-five (35) days of the delivery of such written decision and the arbitration sections of this Agreement shall be followed. It is expressly understood that the provisions of this paragraph may not reached,be used by the Union to institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute, and the provisions of Article hereof shall not thereby be bypassed.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance21.1 Any difference concerning the interpretation, subject to application, operation or alleged violation of this Agreement shall be settled without stoppage of work in accordance with the following procedureprocedures.
21.2 Grievances shall be of Two (2) types, shall include any namely:
(a) Individual grievances, that is, grievances relating to or affecting the rights of one or more specific individuals.
(b) Policy grievances, that is, grievances which cannot be made a grievance of an individual Employee and all disciplinary action taken must be initiated by the University, except Union. The procedure for discipline the settling of probationary Employees, and any and all questions and disputes involving contract interpretationgrievances shall be as follows:
1. A policy grievance may must be filed initiated in writing by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin Union with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step Municipal Administrator of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure County under 21.4 within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice Fifteen (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (515) working days from the time of its occurrence the incident which gives rise to the grievance. The policy grievance shall specify all of the details of the grievance including the nature of the grievance, the clause or clauses of this Agreement upon which the grievance is based and the remedy requested.
(c) For the purposes of Article 21, “working days” shall mean consecutive days exclusive of Saturday or Sunday.
(d) A termination grievance shall be entered at step 2 and must be initiated in writing within five fifteen (515) working days of the date it termination.
(e) Where there is reasonable a failure by an Employee or the Union to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust follow the grievance and procedure, including a failure to be accompanied by comply with any of the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce time limits prescribed in the grievance procedure, the grievance shall be deemed to writing on forms supplied by the Employer have been withdrawn 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 Xxxxxxx abandoned. Failure on behalf of all Employees similarly situated, the Employer to adhere to the timelines prescribed in the grievance procedure shall be deemed to mean the grievance is allowed.
(f) Time limits in the grievance procedure may be extended by mutual agreement in writing between the County and the Union.
21.3 STEP ONE
(a) Individual grievances must be initiated in writing within five Fifteen (515) working days of the date it is reasonable day of the incident giving rise to assume that the grievance and shall be initiated by 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 or the time and have been developed and considered, are presented at Step 2. The grievance shall be signed by individual concerned with the aggrieved Employee or Employees and shall set forth the subject department head of the grievance (what happened?)individual concerned. All grievances shall specify the details of the grievance, the date clause or clauses of this Agreement upon which the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment soughtgrievance is based, and the facts necessary to support remedy requested.
(b) The department head shall review the grievance. The Director or his/her designated representative grievance and shall call provide the Union and the Griever with a meeting written decision together with the Grievance Committee, not to exceed three reasons therefore within Ten (3) in number, in addition to the President and Secretary, within five (510) working days of receipt of from the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,day that the grievance was initiated.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to 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.
22.1 A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated is a complaint, dispute or controversy in which event processing of said grievance will begin with it is claimed that either party has failed in an obligation under this Agreement and which involves the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth hereininterpretation, the Union may appeal the grievance to the next appropriate step application, administration or alleged violation of the Grievance Procedure. A grievance not appealed to the next progressive step provisions of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)this Agreement.
Step 1. An Employee having 22.2 The Association shall appoint a grievance shall present it to his/her Supervisor within five Grievance Committee of three (53) working days of members in accordance with its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay constitution and by-laws for the purpose of attempting to adjust settle any grievances, which may arise, in accordance with the following procedure. The Association shall notify the Employer of the names of the employees serving as members of, and any changes in the Grievance Committee.
22.3 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than five (5) days before the submission of the grievance
22.4 The word "day" shall mean calendar day, excluding Saturdays, Sundays and statutory holidays, for the purpose of this Article. The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees, or the Association.
22.5 Should the City fail to comply with the identified time limits, the Union may appeal immediately to the next step. Should the Union fail to comply with the time limits herein, the grievance shall be considered abandoned. Time limits may be extended by mutual consent.
22.6 Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as close to the source as possible. Before resorting to the Formal Grievance Procedure below, the complaint, which may lead to a formal grievance, should be discussed with the immediate supervisor, in an effort to resolve the complaint.
22.7 In the event that an employee covered under this Collective Agreement has a potential grievance, the employee shall, as quickly as possible, bring the matter to the Grievance Committee. The Grievance Committee shall give due consideration to any matter brought to it by a member, and if they are satisfied that there is just cause for a grievance it shall be reduced to writing, setting out the nature of the grievance and to be accompanied by the Xxxxxxxremedy sought. The Supervisor grievance shall respond orally then be taken forward as follows:
Step 1: Within five (5) days after the matter giving rise to the grievance first arose the grievance shall be filed with the Fire Chief or Deputy Chiefs, and a meeting shall be scheduled as quickly as possible, to try to resolve the matter. The Fire Chief or Deputy Chiefs shall render his/her decision in writing within five (5) working days following from the discussion. If date of the meeting.
Step 2: Failing satisfactory settlement is not reached, The Employee or Xxxxxxx 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 after receiving the Supervisor's answerwritten decision under Step 1, or in the case of a grievance filed by the Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in numbershall present the grievance, in addition writing, to the President and Secretary, within five (5) working days of receipt CAO of the grievanceCity of Waterloo, and a meeting shall be scheduled as quickly as possible, with the CAO or their designated representatives, to try to resolve the matter. The Director, or his/her designated representative A decision shall give his/her answer be given in writing within three fourteen (14) days after the grievance was first presented to the CAO.
Step 3) working days : Failing settlement through the procedures set out in Steps 1 and 2 above, the Fire Chief, the CAO (or designate), shall apprise Council of this meetingthe Grievance. If satisfactory Upon agreement of both parties the matter in dispute shall be submitted to a Mediation process.
Step 4: Failing settlement is not reached,through the procedures set out in Steps 1, 2 and 3 above, the matter in dispute shall be submitted to a Board of Arbitration appointed in the manner set out in the Fire Protection and Prevention Act, 1997 and all relevant amendments thereto.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance shall be defined as an alleged violation of the expressed terms of this Agreement.
B. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article.
1. The termination of service of or the failure to re-employ any probationary bargaining unit member.
2. The termination of services or failure to re-employ any bargaining unit member to a position on the extra-curricular schedule.
3. Any matter involving the evaluation of a probationary teacher.
4. It is expressly understood that the arbitration provisions shall not apply to those areas for which state or federal law prescribes a procedure or authorizes a remedy (i.e. Tenure, EEOC, MERC). It is expressly understood that should the Legislature modify the Tenure Act in such a fashion as to diminish the due process rights afforded to tenured teachers which were formerly precluded under the arbitration provision, the due process provisions shall be subject to negotiations between the following parties.
5. Any grievance previously barred from the scope of the grievance 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. .
C. In the event that a bargaining unit member or the University does not respond to Association believes there is a basis for a grievance, he shall first discuss the alleged grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor with his building principal within five (5) working days of its occurrence after the grievance occurs or within five (5) working days of when the date it is reasonable grievant could have been reasonably expected to assume that hehave knowledge of its occurrence, either personally or accompanied by an Association Representative(s). Any grievance carried by the Association may be suspended at the request of the individual grievant.
D. Within five (5) days of receipt of the written grievance, the principal shall meet with the grievant/she became aware of itAssociation in an effort to resolve the grievance. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose principal shall indicate his disposition of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally in writing within five (5) working days following of such meeting and shall furnish a copy thereof to the discussion. Association and the grievant.
E. If satisfactory settlement the grievant/Association is not reached, The Employee or Xxxxxxx shall reduce satisfied with the disposition of the grievance to writing on forms supplied by the Employer and submit same to the Director of the Unit or a designated representative or, if no disposition has been made within five (5) working days of receipt of such meeting, the Supervisor's answer, or in grievance shall be transmitted to the case of a grievance filed by Superintendent. Transmission to the Xxxxxxx on behalf of all Employees similarly situated, Superintendent shall be within five (5) working days of the date it is reasonable principal's response or his failure 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 respond within the time and have been developed and consideredspecified. Within seven (7) days, are presented at Step 2. The the Superintendent, or his designee, shall meet with the grievant/Association on the grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject indicate his disposition of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, writing within five (5) working days of receipt such meeting and shall furnish a copy thereof to the Association and the grievant.
F. If the grievant/Association is not satisfied with the disposition of the grievancegrievance by the Superintendent or his designee, or if no disposition has been made within five (5) days of such meeting, the grievance may be transmitted to arbitration. Transmission to arbitration shall be within five (5) days of the response of the Superintendent or his failure to respond within the time specified. The Directorrules for filing for arbitration shall be governed by the American Arbitration Association which shall likewise govern the arbitration proceeding.
G. The decision of the arbitrator shall be final and conclusive and binding upon bargaining unit members, the Board and the Association. Any lawful decision of the arbitrator shall be forthwith placed into effect. The powers of the arbitrator are subject to the following limitations:
1. He shall have no power to add to, subtract from, disregard, alter or his/her designated representative shall give his/her answer in writing within three (3) working days modify any of the terms of this meetingAgreement.
2. If satisfactory settlement He shall have no power to establish salary scales or to change any salary.
3. He shall have no power to change any practice, policy or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board.
4. He shall have no power to interpret state or federal law.
5. He shall not hear any grievance previously barred from the scope of the grievance procedure.
H. The fees and expenses of the arbitrator shall be shared equally by the parties.
I. The time limits provided in this Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is not reached,filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
J. Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder may be processed through the grievance procedure until resolution.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE PROCEDURE. A. A grievanceSeniority, subject Grievance and Arbitration Procedures specified in Articles 4 and 5 of this agreement apply only to regular full time employees who have successfully completed applicable probationary period.
4.01 An employee must verbally submit a complaint to his immediate supervisor before a formal grievance is made on his behalf.
4.02 Any employee or his authorized Union official shall have the following procedure, shall include right at any and all disciplinary action taken by time to present grievances under the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretationprocedure outlined in this agreement. A grievance may Such grievances must be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor writing within five (5) working days after the incident that gives grounds for the grievance. The following steps constitute the recognized grievance procedure. REPRESENTING THE EMPLOYEE REPRESENTING THE COMPANY Step 1 Authorized Union official Manager Step 2 Authorized Union official General Manager Step 3 Arbitration Arbitration
4.03 The time limits for replies for the first two steps of its occurrence or within the procedure shall be five (5) working days of the date it is reasonable unless both parties agree to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust an extension.
4.04 Where the grievance and to be accompanied by procedure as outlined above has been exhausted, the Xxxxxxx. The Supervisor shall respond orally Union will notify the Company in writing within five thirty (530) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 decision at the second step of their intention to refer the matter to arbitration, at which time and have been developed and considered, are presented at Step 2. The the grievance shall be signed submitted to a single neutral arbitrator selected by mutual agreement between Employer and Union. In event of failure to agree on single neutral arbitrator, the Minister of Labor shall make selection.
4.05 The single Arbitrator will be asked to render a decision in the dispute, and his fee and expenses shall be borne equally by the aggrieved Employee or Employees parties.
4.06 The single Arbitrator shall hear and determine the difference and shall set forth issue a decision which will be final and binding upon the subject parties and upon any employee so affected.
4.07 The single Arbitrator shall not alter, amend, modify or substitute any part of this Agreement.
4.08 If resolution of the grievance (what happened?)is in the employee’s favour, the date single Arbitrator may reimburse the employee for all lost time or another arrangement which is just and equitable in the opinion of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (single Arbitrator and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition this arrangement may also be reinstatement to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,employee’s former position.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance is defined as an alleged dispute or violation of a special article or section of this Agreement. There shall be an xxxxxxx effort on the part of the grievant, subject the Association, and the Board/Employer to settle the grievance through the following steps. Any employee(s) who believe he/she has been unjustly dealt with may grieve up to and including Step 4 of the grievance procedure, .
B. The time limits specified herein for movement of grievances through the process shall include any be strictly adhered to 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 may be filed relaxed or extended only by mutual consent of the Xxxxxxx parties in writing. In the event that the seniority employee or the Association, on behalf of all Employees similarly situated in which event processing the seniority employee, fails to appeal a grievance or grievance answer within the stated time limits, the involved grievance shall be deemed abandoned and settled on the basis of said grievance will begin with the second step provided hereinBoard/Employer's last answer. In the event the University Board of Education representative does not respond to a grievance reply within the time limits set forth hereinlimit specified, the Union grievance may appeal the grievance proceed to the next appropriate step unless the grievant or the Association, on behalf of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)seniority employee, indicates otherwise.
Step 1. An Employee having a C. Each grievance shall present it to his/her Supervisor must be initiated within five ten (5) working days of its occurrence or within five (510) working days of the date it is reasonable to assume that he/she became occurrence of the grievance or, if the seniority employee did not have knowledge of the grievance at the time of its happening, then within ten (10) working days after the aggrieved becomes aware of itthe cause of the grievance.
D. Any written agreement reached between the Employer and the Association is binding on all employees affected and cannot be changed by an individual.
E. Where more than one (1) written grievance involving the same issue has been filed and processed through the grievance procedure to STEP THREE, the parties may, by mutual, written agreement at STEP THREE, select one of the grievances as representative of the group. The Employee remaining grievance shall then be held in abeyance at STEP THREE while the selected representative grievance is processed further in the grievance procedure. The ultimate disposition of the selected grievance shall then be applicable to the remaining grievance(s) held at STEP THREE.
F. In the event it becomes necessary for the Association President to be involved in handling a grievance, the Association President will be allowed reasonable time during working hours, without loss of pay, for the proper handling of grievances. The appropriate supervisor or principal may grant permission to the appropriate Association President to leave their work for a reasonable period of time and no Association President shall leave his/her work without first obtaining permission. The Association President shall perform their regularly assigned work at all times and must not leave their building unattended, except when granted permission to leave their work as provided herein, and the privilege granted to the Association President to leave their work is subject to the understanding that they will expeditiously devote such time to the proper handling of grievances and must report back promptly when their part in the grievance adjustment has been completed and they will not abuse such privilege.
G. If the right Association President is required to request go into another building other than his/her own in the handling of a grievance, the principal at both buildings (or all buildings involved) must be notified; permission will be granted provided that it does not unduly interfere with or interrupt or affect work or school operations or assigned duties. It is the Xxxxxxx responsibility of the above mentioned Association President to report to the building principal before their conference with any employee. If, in the opinion of the principal or the immediate supervisor of the Association member, such Association activity is interfering with classroom activity or assigned duties, such Association activity will be called without undue delay postponed.
H. Except as set forth above, no Association President or Building Representative or any other employee shall be granted time off for the purpose of attempting to adjust the grievance and to be accompanied handling matters, affairs, or grievances unless specific permission has been granted by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee supervisor or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,principal.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject 8.01 The purpose of this Article is to establish a procedure for the settlement of grievances.
8.02 An Employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement shall submit the grievance to his xxxxxxx. If the xxxxxxx considers it advisable to take the matter further, the following procedureprocedure shall apply:
STEP 1 The grievance shall be brought to the attention of the Superintendent within seven (7) workings days of the incident giving rise to the complaint. The Superintendent shall state his decision verbally within seven (7) working days after receiving the complaint.
STEP 2 Should the employee be dissatisfied with the Superintendent’s disposition of the grievance at Step 1, 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal shall submit the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 answerUtility/Environment Services, or in the case of a grievance filed by the Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievancehis designate. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three within seven (3) in number, in addition to the President and Secretary, within five (57) working days of receipt of the grievance. The DirectorUnion’s representative may be in attendance at this meeting. If the grievance is not settled at this meeting, or his/her designated representative shall give his/her answer in writing it may be referred to arbitration as hereinafter provided, within three seven (37) working days of the said meeting.
8.03 A Union policy grievance which is defined as an alleged violation of this meetingAgreement, concerning all or a majority of the Employees in the Bargaining Unit in regard to which an individual Employee could not grieve, may be lodged by the xxxxxxx in writing with the Director of Utility/Environmental Services at Step 2 of the Grievance Procedure at any time within seven (7) working days after the circumstances giving rise to such a grievance occur or originate, and to arbitration in the same manner and to the same extent as the grievance affecting an individual Employee or Employees could themselves institute the grievance in the regular grievance procedure.
8.04 A policy grievance of the Employer shall be in writing and may be initiated by the Director of Utility/Environmental Services or his designate by delivering the grievance to the Union within seven (7) working days. If satisfactory settlement any such grievance is not reached,settled within fifteen (15) working days of the date of such delivery, the Employer may refer the grievance to arbitration under Article 10.
8.05 The time limits fixed in both the grievance and arbitration procedure may be extended by mutual consent of the parties. Any compliant or grievance which is not lodged within the time specified in this Agreement or which is not processed through to arbitration within the time specified herein shall be deemed to have been withdrawn or settled.
8.06 In no event shall the Employer be required to consider any grievance which, in respect of the incident giving rise to the grievance, has previously been settled on its merits under the grievance or arbitration procedure.
8.07 No grievance may be submitted concerning the termination of employment, lay-off, recall from lay-off, or disciplining of a probationary Employee.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged breach or misapplication of the terms and conditions of this Agreement. The grievance issue may be raised by an employee or a group of employees as a class action. A class action may be initiated where action by the District creates an impact on a Division, several Divisions, or the entire bargaining unit. The parties mutually agree to attempt to resolve grievances at the lowest possible level on an informal basis where possible, and encourage open sharing of information prior to entering a formal grievance. If a grievance does not resolve at the initial, subject informal stage the following step process shall apply. The parties agree that the time limitations provided in this Article are essential to the following procedure, shall include prompt and orderly resolution of any grievance and all disciplinary action taken that each will abide by the University, except for discipline time limits unless an extension of probationary Employees, and any and all questions and disputes involving contract interpretationtime is mutually agreed. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition issue shall be considered waived if not presented or appealed according to the time frames outlined in the grievance procedure. The issue will then be considered settled pursuant on the basis of the last written answer from the District. In order to expedite the process, the parties may agree to enter a grievance at the Step at which the named decision-maker has the authority to adjust the grievance. Whenever the investigation of a grievance requires the inspection of personnel and other records, the District shall make available to the Union Representative or designee such last step answer or withdrawn without prejudice (W.W.P.).records, which shall be authorized in writing by the affected employee. When grievances have not been resolved to the satisfaction of concerned parties, the following procedures shall apply:
Step 11 – Manager. An Employee having a The grievance shall present it be submitted in person by the employee, with or without a xxxxxxx, to his/her Supervisor the first level manager or the manager’s designee within ten (10) working days of the event; or in cases of a class action, within ten (10) working days of knowledge of the occurrence, situation, condition, or action giving rise to the grievance. The employee will indicate to the manager that the employee is initiating Step 1 of the grievance procedure at this meeting. The manager shall have five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussionrespond. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same employee reports directly to the Director of Division Director, the Unit or a designated representative within five (5) working days of receipt of the Supervisor's answer, or in the case of a formal grievance filed by the Xxxxxxx 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 process 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 begin at Step 2. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to (a) Grievances shall be dealt with in the following procedure, shall include any and all disciplinary action taken by manner: Where the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by decision from the Xxxxxxx on behalf of all Employees similarly situated Employer in which event processing of said grievance will begin with the second step provided herein. In the event the University does Informal Complaint stage is not respond to a grievance within the time limits set forth hereinsatisfactory, the Union may appeal file a formal grievance with the Employer Representative within fifteen (15) business days from the date of the response received from the Employer in the Informal Complaint Stage. The Employer shall give its decision in writing to the grievor and the Union within seven (7) working days. Minutes of such meetings shall be kept. If the meeting is not satisfactory to the grievor or the Union, the grievance may proceed to Step Two or Three as appropriate. Where the decision of the Employer is not satisfactory, the grievance shall be submitted in writing to the next appropriate step Executive Board of the Grievance ProcedureDirectors by an authorized representative of CUPE Local 1281 within fifteen (15) working days. A grievance not appealed The Employer shall give its decision in writing to the next progressive step of grievor and the Grievance Procedure Union within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice seven (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (57) working days of its occurrence days. If the decision is not satisfactory to the grievor or within five (5) working days of the date it is reasonable Union, the grievance may proceed to assume that he/she became aware of itStep Three. The Employee has Union may refer the right matter to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally Arbitration within five fifteen (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 (515) working days of receipt of the Supervisor's answerStep Two decision. If the Union, an Employee, or in the case a group of Employees choose not to grieve a particular situation, or withdraw a grievance filed at any stage, such action or lack of action shall be entirely without prejudice.
(a) The time limits may be extended by mutual agreement.
(b) Where no answer is given within the Xxxxxxx time limits specified herein, the Union shall be entitled to proceed to the next step of the Grievance Procedure.
(c) The Union and its representatives shall have the right to originate a grievance on behalf of all Employees similarly situatedan Employee, within five (5) working days or a group of Employees, and to seek redress with the date it is reasonable to assume that Employer in the Union became aware of itmanner provided for in this Article. Each party’s representative shall Such grievances may 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 initiated at Step 2. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,Two.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievanceThe purpose of this Article is to establish procedures for discussion, subject to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of probationary Employeesprocessing, and any and all questions and disputes involving contract interpretationsettlement of grievances. A grievance may shall be filed defined any difference arising out ofthe interpretation, application, administration, or an alleged violation of this Collective Agreement. It is the desire of the parties to this Agreement that grievances be settled promptly. Prior a grievance, any employee who feels that they have a grievance should first address their concerns with a Supervisor, at which time they shall be advised of their right to Union representation. Notwithstanding the above, this shall not preclude the employee’s access to the grievance procedure or affect the grievance procedure outlined in Article Any grievance shall include the of this Agreement that have allegedly been violated or misinterpreted, and the relief and remedy sought by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said aggrieved employee. No grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant where circumstances giving rise to such last step answer grievance should reasonably have been known to the employee or withdrawn without prejudice the Union for more than six (W.W.P.).
Step 16) working days prior to the first filing ofthe grievance. For the processing of grievances as provided herein, working days shall he considered as days in which the Employer’s administration offices are open to the public for the transaction ofregular Grievances of non-permanent employees, arising from disciplinary action or dismissal, shall be considered as follows: An Employee having employee shall have the right to Union representation when processing a If the employee wishes they may present their grievance personally. The Employer will inform Union office immediately grievance representation is to be made solely by the employee. Time limits as outlined in the grievance procedure may be extended by mutual agreement. STEP ONE The grievance shall present it be presented in writing to his/her Supervisor the employee's Departmental Manager who shall hear the case within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of itfiling. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor Manager shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director of the Unit or render 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing decision within three (3) working days of this meeting. If satisfactory settlement is not reached,hearing the of the grievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance1. During the life of this Agreement, subject to there shall be no strike, slowdown or work stoppage on the following procedure, part of the Union nor shall include any and all disciplinary action taken by there be a lockout on the University, except for discipline part of probationary Employees, and any and all questions and disputes involving contract interpretationthe Co-operative.
2. A grievance may be filed by the Xxxxxxx on behalf is defined as an alleged violation of all Employees similarly situated in which event processing a specific Article or Section of said grievance will begin with the second step provided hereinthis Agreement or unfair treatment. In the event the University does not respond to a grievance within the time limits set forth hereinThe Co-operative, the Union or any employee who feels he has been aggrieved within the terms of this Agreement may appeal present a grievance. Any grievance which is not presented within fourteen (14) days from the grievance to date upon which the next appropriate step employee became aware of the Grievance Procedure. A grievance not appealed to the next progressive step concern of the Grievance Procedure within the specified time limits after receipt of a disposition event shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)forfeited and waived by the aggrieved party.
Step 13. An Employee having All grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved parties.
4. The procedure for adjustment of grievances will be as follows:
(a) A discussion between the Shop Xxxxxxx (with the aggrieved employee present or absent at his option) and the Department Manager. The Department Manager shall give a grievance shall present it to his/her Supervisor written decision on the matter within five (5) working days after the discussion.
(b) Failing agreement of its occurrence subsection (a), the grievance shall be dealt with by the Grievance Committee of the Union and the General Manager or his duly appointed representative in the event of the General Manager’s absence. The General Manager or his representative shall render a written decision on the matter within five (5) working days days.
(c) If a satisfactory settlement cannot be reached then, upon request of either party, the date it is reasonable matter shall be referred to assume that he/she became aware the Board of itArbitration established by Article 13.
5. The Employee has After the right completion of any step in Section 4, if the Union or the Co-operative does not proceed to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally next step within five (5) working days following the discussion. If satisfactory settlement is not reacheddays, The Employee or Xxxxxxx shall reduce the grievance shall lapse.
6. All negotiations with respect to disputes and grievances shall be dealt with during regular working hours and no employee shall suffer any loss of pay for time spent in such negotiations.
7. The Union agrees to advise the Co-operative of the names of the members of the Grievance Committee in writing on forms supplied by the Employer and submit same also of any changes from time to time.
8. The Parties may agree 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 appointment of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five (5) working days of the date it is reasonable mediator 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support assist in resolving the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1: A grievance shall be defined as any controversy between the parties as to:
A. A grievanceAny matter involving the interpretation of this Agreement.
B. Any matter involving an alleged violation of any provision of this Agreement.
Section 2: Every effort will be made to resolve a grievance on an informal basis prior to initiation of the formal procedures set forth below. This should include an attitude on the part of the bargaining unit representative to encourage employees to review grievances with the bargaining unit representative prior to formal filing.
Section 3: After consideration of the above expressed intent, subject to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition procedure shall be considered settled pursuant used to such last step answer or withdrawn without prejudice (W.W.P.).insure that grievances are resolved as quickly as possible:
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 presented in writing to the aggrieved Employee or Employees and employee's immediate supervisor. The grievance shall set forth in as much detail as possible the subject nature of the grievance (what happened?)grievance, the date circumstances surrounding the matter, and shall specifically address the type and scope of corrective action requested. The grievance shall be submitted within 10 working days of the infraction, the aggrieved Employee (if applicable), the article occurrence of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative immediate supervisor shall call a meeting with the Grievance Committee, not to exceed three (3) respond in number, in addition writing to the President and Secretary, employee within five (5) 10 working days of receipt of the grievance.
Step 2. The DirectorIf the grievance is not resolved at step 1, or his/her designated representative shall give his/her answer the grievance may be presented in writing to the department head, within three (3) 10 working days of this meetingthe receipt of the step 1 response. The department head shall respond in writing to the employee within 10 working days of receipt of the grievance.
Step 3. If satisfactory settlement the grievance is not reached,resolved at step 2, the grievance may be presented in writing to the Board of County Commissioners within 10 working days of the receipt of the step 2 response. The Board of County Commissioners shall attempt to resolve the grievance, and shall respond in writing to the employee within 30 days.
Step 4. If the grievance is not resolved at step 3, the grievance may be submitted to arbitration, within 10 working days of the receipt of the step 3 response, in accordance with the following rules.
A. Within 10 working days of receipt of the Association’s written notice of its intent to arbitrate a grievance, the parties shall select an impartial arbitrator, who shall be agreeable to the Employer and the Association. In the event that the parties to the dispute are unable to agree upon the selection of an arbitrator, the parties shall request a list of five potential arbitrators from the Federal Mediation and Conciliation Service.
B. Within five working days of the date of receipt of the list of arbitrators each party shall alternate in striking names until one remains. The remaining name shall be the arbitrator. A drawing of lots shall be used to decide which party strikes a name first.
C. The party requesting arbitration shall notify the arbitrator and the Federal Mediation and Conciliation Service of the selection within three working days from the date of selection.
D. The arbitrator shall conduct a hearing and render a decision within 30 days of the date of the hearing. Such decision shall be final and binding on both parties. The arbitrator shall not have the power to add to, subtract from, alter or modify any of the terms of this Agreement.
E. Each party shall share equally the cost of the arbitrator; each party shall be responsible for the cost of its own representatives and witnesses.
F. In the event one of the parties to the arbitration wants a transcript of the arbitration proceedings, the party requesting the transcript shall pay all costs.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 32.1 A grievancegrievance is defined as an alleged violation, subject misinterpretation or misapplication of the Employer-Employee Resolution, the Personnel Rules and Regulations, this MOA or any existing written policy or procedure relating to the following procedurewages, shall include any hours or other terms and all conditions of employment excluding disciplinary action taken by the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretationmatters. A grievance may be filed by an individual employee should be clearly identified as a formal grievance. This will be accomplished through the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt use of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice formal grievance form (W.W.P.See Appendix B).
Step 1. An Employee having 32.2 Any employee may file and process a grievance shall present it by providing the time, place and circumstances of the action prompting the grievance. A formal grievance should be filed only after the employee has attempted to resolve the disagreement with his/her Supervisor immediate supervisor. As a courtesy, the employee should advise his/her supervisor of any intention to file a formal grievance. This action must take place within five (5) working days of its occurrence or within five (5) working 15 business days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt occurrence of the grievance. Employees may be accompanied by a representative at each step of the process. If a specific action to be grieved affects several employees, those employees may consolidate their grievances and be represented.
32.3 Each grievance shall be handled in the following manner:
A. The Directoremployee who is dissatisfied with the response of the immediate supervisor should discuss the grievance with the supervisor’s immediate superior. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated.
B. If still dissatisfied, the employee may immediately submit the grievance in writing to the Chief for consideration, stating the facts on which it was based, including the provision of the rules, regulations, agreement, or written policy said to be violated, and the proposed remedy. This action must take place within fifteen business days of the occurrence of the grievance.
32.4 After consideration of a formal grievance, which could include consultation and/or further discussion, the Chief, within 15 business days of the filing of the formal grievance, will provide a written response to the employee representatives advising of his/her designated representative decision. If the employee accepts the Chief’s decision, the grievance shall give his/her answer be considered terminated.
32.5 If the employee is dissatisfied with the Chief’s decision, the employee may immediately submit the grievance in writing to the Human Resources Director within five business days of receiving the Chief’s decision. The Human Resources Director shall confer with the employee and the Chief and any other interested parties, and shall conduct such other investigations as may be advisable.
32.6 The results or findings of such conferences and investigations shall be submitted to the City Manager in writing within three (3) working fifteen business days of this meetingreceiving the employee’s written request. If satisfactory settlement is not reached,The City Manager will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Manager’s decision shall be in writing and given to the employee within fifteen business days of receiving the Human Resources Director’s results and findings. Such decision shall be final unless the employee requests an appeal of the decision.
Appears in 1 contract
Samples: Memorandum of Agreement
GRIEVANCE PROCEDURE. A. 9 This Article establishes the exclusive procedure for the processing and 10 settlement of grievances. All grievances shall be processed solely in 11 accordance with the procedures set forth in this Article. A grievance, subject grievance is 12 defined as any dispute or claim arising out of or relating to the following interpre- 13 tation or application of this agreement. 15 The parties agree to encourage discussions between employees and 16 supervisors prior to implementing the official steps as outlined in this 17 Article. 18 The parties agree that legal counsel shall not attend grievance hearings 19 through Step 3 of the formal process. 20 21 When employees are required to attend a grievance hearing as a griev- 22 ant, University witness, or Union representative, they will only be paid 23 for the time spent in attending grievance hearings when such time coin- 24 cides with their regularly scheduled working hours. When a grievance 25 is filed by more than one employee, the grievance will identify one of 26 those employees who shall represent the class of grievant at each step 27 of the grievance procedure, . Neither party shall include any and all disciplinary action taken be responsible for the 28 expense of witnesses called by the other party, including lost work time. 29 30 Without a compelling reason for absence, a grievance will be dismissed 31 when the grievant fails to be present at any one of the hearings of the 32 steps of the grievance procedure. 33 34 “Working day” within the meaning of this Article is defined as Monday 35 through Friday, excluding all paid holidays. Whenever the University 36 fails to meet the time limits required in this Article, the grievance at 37 issue may be appealed to the next step. Whenever the Union or grievant 38 fails to meet the time limits required in this Article, the grievance shall 39 be regarded as settled on the basis of the University’s last response or 1 position. Initial steps and time limits of this Article may be waived by 2 mutual written agreement, except of the Union and the University. 3 4 No Step 1 or 2 grievance settlement shall establish precedent or practice 5 for discipline of probationary Employees, and any and all questions and disputes involving contract interpretationeither the Union or the University. A grievance may be filed by withdrawn at 6 Steps 1 or 2 without prejudice or precedent. 8 When the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event Union alleges that the University does not respond has violated a specific provi- 9 sion or provisions of this agreement, so as to a grievance within allegedly violate employ- 10 ees’ rights under the time limits set forth hereinterms of the agreement, the Union may appeal initiate a 11 grievance at Step 3 of this procedure. 12 13 No employee shall be discriminated against for participating in the 14 grievance procedure. 16 Employees who have filed a grievance shall have the right to the next appropriate step be present 17 personally at any stage of the Grievance Procedure. A grievance not appealed However, an 18 employee may waive the right to the next progressive be present. The employee may be ac- 19 companied by a Union representative. Union representatives may assist 20 employees who wish to file grievances. 21 At each step of the Grievance Procedure within grievance procedure, each party shall present the specified 22 facts and documents known to the party at the time limits after receipt of a disposition to support its posi- 23 tion on the grievance. Additional information requested by either party 24 in writing shall be considered settled pursuant provided in keeping with applicable labor law prior to such last 25 the next step answer or withdrawn without prejudice (W.W.P.).of the grievance procedure. 26 27 The steps of the grievance procedure shall be:
29 Step 1. 1 30 An Employee having employee who wishes to pursue a grievance shall present it must submit a complet- 31 ed and signed grievance form to his/her Supervisor management within five (5) working 32 days from the date on which the cause of the complaint occurred or from 33 the date the aggrieved employee had reason to know of its occurrence. 34 Management will meet with the employee and/or Union representative 35 within five (5) working days from the receipt of its occurrence or the grievance form, and 36 will provide a response within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), from the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this 37 Step 1 meeting. 38
1 Step 2 2 If satisfactory settlement is the immediate supervisor’s answer does not reached,resolve the grievance and
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. LEVEL ONE A grievance, subject to grievance shall first be taken up with the following procedure, shall include any and all disciplinary action taken immediate supervisor within thirty (30) days of the time the employee knew or should have known of the act or condition on which the grievance is based. Disposition of the grievance by the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition superviso~ shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor made within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. after this verbal discussion. LEVEL TWO If satisfactory settlement solution is not reachedreached under Level One, The Employee or Xxxxxxx 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 Xxxxxxx on behalf of all Employees similarly situatedemployee may, within five (5) working days of the date it is reasonable disposition in Level One above, present the problem to assume that the Union became aware Superintendent of itSchools or his appointed agent. Each party’s representative An answer as to disposition of the problem 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 given by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, Superintendent within five (5) working days. LEVEL THREE In the event the grievance is not settled at the preceding step either the Union or Employer may submit the grievance to binding arbitration. Such request must be made in writing within fifteen (15) working days of after receipt of the grievanceanswer in the preceding step. The Directorarbitrator shall be selected pursuant to the rules of the American Arbitration Association. This agre~~ent constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Arbitrator in the same manner as other collective bargaining agreements. The function and purpose of the Arbitrator is to determine disputed interpretations of terms actually found in this Agreement, or his/her designated representative to determine disputed facts upon which application of the Agreement depends. The Arbitrator shall therefore not have authority, nor shall it be considered his function to include the decision of any issues not submitted, or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The arbitrator shall not give his/her answer any decision which in writing within three (3) working days practical or actual effect modifies, revised, detracts from or adds to any of the terms or provisions of this meetingAgreement. If satisfactory settlement Past practice of the parties interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is not reached,in effect a modification (whether by addition or detraction), of written terms of this Agreement. The Arbitrator has no obligation merely because, in his opinion, such decision is fair or equitable or because, in his opinion, it is unfair or inequitable.
G. The fees and expenses of the Arbitrator, cost of transcript (if one is requested by the Arbitrator), and cost of hearing room, shall be borne by the loser as evidenced by the decision of the Arbitrator. Should the decision of the Arbitrator result in a compromise decision, the Arbitrator shall make as part of his decision a ruling as to how the above expenses shall be prorated.
H. Upon mutual agreement of the Board and Union, a grievance may be initiated at any Level of the grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to 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 may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. Section 1 In the event that any difference arises between the University does not respond parties out of the interpretation, application, operation or any alleged violation of this Agreement, including any difference arising from the suspension or dismissal of any employee and including any question or difference as to whether the matter is arbitral such question or difference shall be finally and conclusively settled without stoppage of work in the following manner:
Step 1 - Such difference or grievance shall first be reduced to writing and taken up by the employee or a grievance within the time limits set forth herein, representative of the Union may appeal with the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)employee's supervisor.
Step 1. An Employee having 2 - Should the supervisor be unable to affect a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretarysettlement, within five (5) working days of receipt of such grievance, it shall be submitted to the employee's department head or the Secretary-Treasurer of the Board.
Step 3 - Failing settlement within five (5) working days, such grievance shall be referred to a grievance committee comprised of two (2) members each from the Board and Union. The committee shall, if it so desires, have its advisors in attendance. Failing settlement within ten (10) days by the committee the matter shall be promptly referred to and dealt with by Arbitration as set forth in Article 15.
Section 2 Should the Board or the Union initiates the grievance, the matter shall be dealt with by the grievance committee as set out in Step 3, Section 1 of this Article.
Section 3 If a dispute is not submitted within sixty (60) calendar days after the occurrence of the act or decision giving rise to the dispute, then the dispute shall be deemed to be abandoned, and all rights of recourse to the dispute procedure shall be at an end.
Section 4 Grievance and replies to grievances shall be in writing at all stages, and grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed.
Section 5 Whenever the Board deems it necessary to censure an employee in a manner indicating that dismissal may follow, the Board shall, within five (5) days thereafter, give written particulars of such censure to the Union.
Section 6 An employee may be dismissed only for just cause and only upon the authority of the Board. The Directordepartment head may suspend an employee but shall immediately report such action to the Board. Such employee and the Union shall be advised promptly in writing by the Board of the reason for such dismissal or suspension. Just cause shall not include the refusal of the employee to cross the picket line of a legal strike, or his/her designated representative refusal of an employee to deal with any business establishment involved in a legal strike. This provision shall give his/her answer be inapplicable to any employee in writing within three (3) working days respect of this meeting. If satisfactory settlement his refusal to work or to cross such picket line if he has permission of the striking union to cross such picket line or to so deal.
Section 7 Should it be found upon investigation that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his former position, without loss of seniority rating and shall be compensated for all time lost in an amount equal to his normal earnings during the pay period next preceding such discharge or suspension, or by any other arrangement as to compensation which is not reached,just and equitable in the opinion of the parties, or in the opinion of the Board of Arbitration, if the matter is referred to such a Board.
Section 8 Any written criticism of an employee by the Board will be copied to the employee and the Union at the time of filing.
Section 9 An employee considered by the Union to be wrongfully or unjustly discharged shall be entitled to a hearing under Article 15 -
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievanceThe Board and the Union agree that prompt and just settlement of grievances is of mutual concern and interest. Therefore, subject the parties shall attempt to settle all grievances promptly and fairly at the point of origin.
Section 1 Any claim by a Faculty Member, group of Faculty, or the Union at the request of a group of Faculty Members, that there has been a violation, misinterpretation, or misapplication of any division of this Agreement, may be processed as a grievance as provided hereinafter. Nothing in this article shall be construed to prevent Faculty Members from presenting, at any time, their own grievance in person or by legal counsel to the following procedureCollege and having such grievance adjusted without the participation of the Union. However, shall include any and all disciplinary action taken by an adjustment must be consistent with the University, except for discipline terms of probationary Employeesthis Agreement, and the Union must be given a reasonable opportunity to be present at any and all questions and disputes involving contract interpretationmeeting called for the resolution of any grievance. A grievance may Duty days shall be filed by defined as duty days on the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. Faculty Member’s calendar.
Section 2 In the event the University does not respond to that a grievance within the time limits set forth hereinFaculty Member believes that there is a basis for a grievance, the Faculty Member shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if the Faculty Member prefers, accompanied by a Union may appeal representative, within 25 of the Faculty Member's duty days from the date on which the Faculty Member could reasonably have known of the occurrence of the event giving rise to the alleged grievance. It is agreed that when the grievant is satisfied with the College's response, processing of the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)will automatically terminate.
Step 11 If, after the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Union. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working Within 5 duty days of the date it is reasonable to assume that he/she became aware of it. The Employee has informal discussion, the right to request that Faculty Member shall submit the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reachedform set forth in Appendix A, The Employee or Xxxxxxx 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 Xxxxxxx 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 grievant and shall set forth the subject a representative of the grievance (what happened?)Union, which form shall be available from the date of College's Human Resources Department and from the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievanceUnion. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working Within 5 duty days of receipt of the grievance, the immediate supervisor and the appropriate Xxxx shall meet with the grievant and the Union representative in an attempt to resolve the grievance. The Director, or his/her designated representative shall give his/her answer Xxxx will indicate the disposition of the grievance in writing within three (3) working 5 duty days after such meeting, and shall furnish a copy thereof to the Union.
Step 2 If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the campus Xxxxxxx or the appropriate Vice President within 5 duty days of this the disposition of the grievance at Step 1. Within 5 duty days the Xxxxxxx, Vice President or designee shall meet with the grievant and the Union representative and shall indicate the disposition of the grievance in writing within 5 duty days of the meeting. .
Step 3 If satisfactory settlement the grievant is not reached,satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the President or designee, within 5 duty days of the disposition of the grievance at Step 2. Within 5 duty days, the President or designee shall meet with the grievant and the Union representative and shall indicate the disposition of the grievance in writing within 5 duty days of the meeting.
Section 3 If the grievant is not satisfied with the disposition of the grievance by the President or designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Union (with the consent of the grievant) to arbitration before an impartial arbitrator within 50 duty days of the disposition at Step 3 or expiration of the time limit. An extension of the time limit will be granted upon mutual agreement. The arbitrator shall be selected from the Federal Mediation and Conciliation Service in accordance with its rules, which shall also govern the arbitration proceedings. The parties agree the award of the arbitrator shall be final and binding. The College and the Union shall share equally the expense of the arbitrator. Each party shall be responsible for any additional expenses it chooses to incur. Adjustments of any grievance shall be consistent with the provisions of this Agreement. The arbitrator shall be prohibited from modifying, changing, adding to, or subtracting from the terms of this Agreement or any supplementary written, approved amendment entered into mutually by the parties. Any case appealed to the arbitrator upon which the arbitrator has no power to rule shall be referred back to the parties without decision.
1. The time limits in this article may be modified by written agreement of the parties. The time limits in this article shall be strictly observed by all parties and the number of days written at each level will be considered a maximum - every effort will be made by the parties to expedite the process.
2. The Union shall have the right to initiate class grievances at Step 2.
3. Nothing in this article shall require the Union to process grievances for Faculty Members who are not members of the Union.
4. The parties agree that a settlement of any grievance by the parties prior to the rendering of a decision by an arbitrator shall not constitute an admission that the Contract has been violated, nor shall such settlement constitute a precedent for the interpretation or application of the provisions of the Agreement.
5. No reprisal of any kind will be made by the Board against any grievant, any witness, any Union representative or any other participant in the grievance procedure by reason of such participation.
6. During all stages of the grievance procedure, the parties have the right of discovery to all information that have a bearing on the grievance.
7. The supervisor and grievant may mutually waive the hearing at any step – in which case the responsible official shall process the grievance as provided for at that step.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject The purpose of this Article is to establish a procedure for the following procedure, shall include any and all disciplinary action taken by the University, except for discipline orderly settlement of probationary Employees, and any and all questions and disputes involving contract interpretationgrievances. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer exist when it is alleged that there is a violation of this agreement arising from the interpretation, application or withdrawn without prejudice failure to comply with the terms thereof. It shall be optional with the Company or the Union to consider any grievance, the alleged circumstances of which occurred more than thirty (W.W.P.).
30) days prior to its written presentation. When a grievance arises, an xxxxxxx effort shall be made to settle it by the Company, the employee concerned, and the Union, and it shall be handled in the Steps as hereinafter provided. Step 1No. An Employee having I Any regular employee who has a grievance shall present the grievance verbally to management and be accompanied by a Xxxxxxx. Management shall state their decision verbally within three (3) working days of such meeting. If this verbal decision does not satisfactorily adjust the grievance, it may be appealed to his/her Supervisor Step following. Step No. Notice of appeal must be made within seven (7) working days of the verbal decision, in writing, in triplicate, on forms supplied by the Union, and signed by the aggrieved employee and two members of the Grievance Committee. It shall be appropriately dated showing the date of the grievance, particulars of the incident giving rise to the grievance, the Article and Section of the Collective Agreement alleged to have been violated, the date of the submission, as well as the corrective action requested of the Company, and shall be presented to local management designated to handle Step Within five (5) working days of its occurrence receipt of the appeal or within any agreed upon extension, local management designated to handle Step will meet with up to two (2) members of the Grievance Committee in an attempt to resolve the grievance. A written decision shall be given by local management designated to handle Step within five (5) working days of the date of such meeting. If this written decision does not satisfactorily adjust the grievance, it is reasonable may be appealed to assume that he/she became aware Step following. Step No. Notice of itappeal must be given in writing by dating and signing the grievance forms within ten working days from the written decision of local management or their designate, through the Manager, Labour Relations, setting forth the areas or points of disagreement within the Step written decision. The Employee has Manager, Labour Relations, will arrange a Management Committee to meet with up to two (2) members of the right to request that Grievance Committee and the Xxxxxxx be called without undue delay for the purpose of attempting to adjust Local President, or Bargaining Unit Chairperson, or designated alternate, within seven (7) working days or a time mutually agreed upon. The two committees jointly will discuss the grievance and to be accompanied by may request the Xxxxxxxattendance of any person or persons interested or involved. The Supervisor shall respond orally Management Committee will render its decision in writing within five seven (57) working days following from the discussiondate of such meeting to the Local or Bargaining Unit. If the Committee’s decision does not bring about a satisfactory settlement is not reachedsettlement, The Employee or Xxxxxxx shall reduce the grievance may be referred by either party to writing on forms supplied by arbitration as provided for in Article Should a regular employee claim that he has been unjustly discharged and wishes to seek redress under 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 answergrievance procedure, or he must present such grievance, in the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situatedwriting, 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 his discharge and evidence, that are available at the time and have been developed and considered, are presented may do so at Step 2. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?)procedure. Failure by the Company to reply to grievances within the time limits provided in this agreement, or any agreed upon extension, will result in the date grievance being processed to the next Step within the grievance procedure. An employee and/or Xxxxxxx shall obtain the permission of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary his Supervisor before interrupting or leaving his work to support the deal with a grievance. The Director Permission will not be arbitrarily or his/her designated representative unreasonably withheld. In this Article only, when computing working days, Saturdays, Sundays and recognized holidays shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,be included.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance is a complaint, subject dispute, or controversy in which it is claimed that the Employer has failed in an obligation under this Agreement and which involves the meaning, interpretation, or application of this Agreement. Should the Union not enforce a provision of this Agreement or the implementation/application of a policy, such non-enforcement shall not be considered a waiver nor shall it be deemed to set any past practice precedence permitting the Employer to continue in its breach of contract. Any grievance abandoned or waived and shall not be deemed to set precedent or establish past practices. Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as close to the following procedure, shall include any and all disciplinary action taken by source as possible. Should the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin Employer fail to comply with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance immediately to the next appropriate step of step. Should the Grievance Procedure. A grievance not appealed Union fail to comply with the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition herein, the grievance shall be considered settled pursuant abandoned. Time limits may be extended by mutual consent. Grievances shall be filed within fifteen (15) calendar days of when the grievant knew, or in the exercise of reasonable diligence should have known, of the circumstances that lead to the grievance. Any delay in providing requested and/or required documentation necessary and relevant for the filing of any such last grievance shall extend the fifteen (15) day time limit for the number of days taken by the Employer to fulfill the information request. Upon receipt of any such grievance, the respective employer representative shall file a response with the grievant and union within fifteen (15) calendar days. Should the Union deem that an additional step answer or withdrawn without prejudice be necessary, such re-filing shall be within fifteen (W.W.P.)15) calendar days from the date the prior step’s decision was received. The parties agree that all grievances should be resolved at the lowest possible level following the steps below. However, should a grievance arise that stems from the actions of an Employer representative in one of the following steps, the Union shall be permitted to initiate the grievance at the step immediately above the involved employer representative.
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five Operations Manager (5or designee) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 Director of Operations (or designee) Step 3. Regional President (or designee) Step 4. Binding Arbitration All grievances and grievance responses shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer submitted in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,via electronic mail with a copy to Human Resources.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievancegrievance is defined as an alleged dispute or violation of a special article or section of this Agreement. There shall be an xxxxxxx effort on the part of the grievant, subject the Association, and the Board/Employer to settle the grievance through the following steps. Any employee(s) who believes he/she has been unjustly dealt with may grieve up to and including Step 4 of the grievance procedure, .
B. The time limits specified herein for movement of grievances through the process shall include any be strictly adhered to 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 may be filed relaxed or extended only by mutual consent of the Xxxxxxx parties in writing. In the event that the seniority employee or the Association, on behalf of all Employees similarly situated in which event processing the seniority employee, fails to appeal a grievance or grievance answer within the stated time limits, the involved grievance shall be deemed abandoned and settled on the basis of said grievance will begin with the second step provided hereinBoard/Employer's last answer. In the event the University Board of Education representative does not respond to a grievance reply within the time limits set forth hereinlimit specified, the Union grievance may appeal the grievance proceed to the next appropriate step unless the grievant or the Association, on behalf of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)seniority employee, indicates otherwise.
Step 1. An Employee having a C. Each grievance shall present it to his/her Supervisor must be initiated within five ten (5) working days of its occurrence or within five (510) working days of the date occurrence of the grievance or, if the seniority employee did not have knowledge of the grievance at the time of it is reasonable to assume that he/she became happening, then within ten (10) working days after the aggrieved becomes aware of itthe cause of the grievance.
D. Any written agreement reached between the Employer and the Association is binding on all employees affected and cannot be changed by an individual.
E. Where more than one (1) written grievance involving the same issue has been filed and processed through the grievance procedure to STEP THREE, the parties may, by mutual, written agreement at STEP THREE, select one of the grievances as representative of the group. The Employee remaining grievances shall then be held in abeyance at STEP THREE while the selected representative grievance is processed further in the grievance procedure. The ultimate disposition of the selected grievance shall then be applicable to the remaining grievance(s) held at STEP THREE.
F. In the event it becomes necessary for the Association President to be involved in handling a grievance, the Association President will be allowed reasonable time during working hours, without loss of pay, for the proper handling of grievances. The appropriate supervisor or principal may grant permission to the Association President to leave their work for a reasonable period of time and no Association President shall leave his/her work without first obtaining permission. The Association President shall perform their regularly assigned work at all times and must not leave their building unattended, except when granted permission to leave their work as provided herein, and the privilege granted to the Association President to leave their work is subject to the understanding that they will expeditiously devote such time to the proper handling of grievances and must report back promptly when their part in the grievance adjustment has been completed and they will not abuse such privilege.
G. If the right Association President is required to request go into another building other than his/her own in the handling of a grievance, the principal at both buildings (or all buildings involved) must be notified; permission will be granted provided that it does not unduly interfere with or interrupt or affect work or school operations or assigned duties. It is the Xxxxxxx responsibility of the above-mentioned Association President to report to the building principal before their conference with any employee. If, in the opinion of the principal or the immediate supervisor of the Association member, such Association activity is interfering with classroom activity or assigned duties, such Association activity will be called without undue delay postponed.
H. Except as set forth above, no Association President or Building Representative or any other employee shall be granted time off for the purpose of attempting to adjust the grievance and to be accompanied handling matters, affairs, or grievances unless specific permission has been granted by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee supervisor or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days of this meeting. If satisfactory settlement is not reached,principal.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject (a) Should there be any dispute as to the interpretation of this agreement, its application or the operation of any provisions or procedures under this agreement, as it may effect an employee, the following procedure, steps shall include any and all disciplinary action be taken by to have the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A dispute resolved in the most expeditious manner:
Step 1: The complaint or grievance may shall first be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin taken up with the second step provided hereinimmediate supervisor of the grieving employee, who shall make every endeavour to find a mutually satisfactory settlement of the grievance. In If the event supervisor is not a department head, they shall advise the University does not respond to department head immediately that a grievance exists. The department head then shall resolve the matter within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)seven calendar days.
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days 2: If the grieving employee is not satisfied with the decision of the date it is reasonable department head, they may request within 14 calendar days that the complaint be referred to assume that he/she became aware of itthe Chief Administrative Officer for adjudication. The Employee has Chief Administrative Officer shall discuss the right matter with all concerned and shall decide about the complaint within seven calendar days.
Step 3: If the Chief Administrative Officer's decision still appears unsatisfactory to the complaining employee, the employee may request that the Xxxxxxx complaint be called submitted to the Personnel Committee. Such request should be made through the Chief Administrative Officer within seven calendar days from the time the employee has been advised of the Chief Administrative Officer's decision. The Chief Administrative Officer shall inform the Chair of the Personnel Committee without undue delay for the purpose of attempting to adjust the a grievance and exists, which has to be accompanied disposed of by the XxxxxxxPersonnel Committee. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative Chair shall call a meeting with of the Grievance members of the Personnel Committee, which shall take place not to exceed three (3) in number, in addition to later than two weeks after the President and Secretary, within five (5) working days of receipt Chair has been advised of the grievance. The Director, or his/her designated representative shall give his/her answer in writing within three (3) working days request of this meetingthe employee. If satisfactory settlement so requested, all parties involved in the dispute shall be permitted to appear before the Personnel Committee and to state the case orally and/or in writing.
Step 4: If the grievance is not reached,unresolved by the Personnel Committee, the matter shall be placed before a single arbitrator who shall be appointed under the terms of the B. C. Arbitration Act. Both parties shall assume their own costs and pay equally the costs of the arbitrator.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance30.01 The grievance procedure is a formal mechanism intended to assure that grievances arising from those misunderstandings that will inevitably develop in the day-to-day activities of public service are promptly heard, subject to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of probationary Employeesanswered, and any and all questions and disputes involving a reasonable effort shall be made to resolve a particular situation.
30.02 The following matters shall constitute a “grievance”: an allegation by a member that there is or has been - a breach, misinterpretation or improper application of this Agreement -. It is not intended that the grievance procedure be used to effect changes in the Articles of this Agreement nor those matters controlled by Board of Trustee Resolutions or the Constitutions of the State of Ohio or the United States of America. No grievance may be initiated based on allegations regarding events which occur at a time other than the contract interpretationperiod of this Agreement.
30.03 All grievances must be processed at the proper step in the progression in order to be considered at the subsequent step. A grievance may be filed brought by the Xxxxxxx on behalf any member. Where a group of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond members desire to file a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of involving a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 situation affecting each member in the case of a grievance filed same manner, one member selected by the Xxxxxxx 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 such group 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 subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support process the grievance. The Director member may withdraw a grievance at any point by submitting in writing a statement to that effect, or his/her designated representative by permitting the time requirements of any step to lapse without further appeal. Any grievance not answered by the Township within the stipulated time limits may be advanced by the Union member to the next step in the grievance procedure. Failure to timely advance a grievance will be treated as an acceptance of the last answer. All time limits on grievances may be waived upon mutual, written, consent of the Parties. For purposes of counting time under this procedure, “Calendar Days” shall call be used. All written grievances must contain the following information to be considered:
1. Aggrieved employee’s name and signature;
2. Aggrieved employee’s classification;
3. Date grievance was first discussed;
4. Date grievance was filed in writing;
5. Name of supervisor with whom xxxxxxxxx discussed;
6. Date and time grievance occurred;
7. Where grievance occurred;
8. Description of incident giving rise to grievance;
9. Articles and Sections violated;
10. Resolution requested.
30.04 A written response to a meeting grievance shall contain the following information:
1. A decision;
2. Facts upon which the decision is made;
3. Remedial action taken or recommended; and
4. Signature of superior
30.05 A class action grievance, defined as one that affects all members, or all members of one rank or grade, may be initiated by the Union and submitted at Step (3). An Employee shall have the right to present grievances and have them adjusted without the intervention of the Union or its representatives as long as the adjustment is not inconsistent with the Grievance Committee, not terms of this Agreement and as long as the Union and its representatives are notified and have opportunity to exceed three be present at every step beyond Step 2. An employee of the class shall represent the entire class at grievance hearings.
30.06 A grievance may be referred to the superior next highest in the chain of command should an immediate superior be predictably absent from duty for seven (7) consecutive calendar days.
30.07 A copy of a written grievance and response which resolves such grievance at Step (2) shall be forwarded
30.08 At Step (3) in numberand forward, in addition the Township agrees to meet with the President and Secretary, within five (5) working days of receipt of parties to the grievance. The DirectorUnion Coordinator may be present.
30.09 Persons or body of persons, having authority to resolve grievances as provided within this Article shall limit their decision strictly to the interpretation, application or enforcement of the specific Articles and Sections of this Agreement and shall be without power or authority to make decisions contrary to, inconsistent with, or his/her designated representative shall give his/her answer modifying in writing within three (3) working days any way the terms of this meeting. If satisfactory settlement is not reached,Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance is defined as a claim by an agent(s) that there has been a misinterpretation, inequitable application or violation of any provisions of this Agreement.
B. All grievances shall specify the employee(s) involved, nature of the grievance, subject to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of probationary Employeesarticle or articles violated, and any and all questions and disputes involving contract interpretationthe remedy sought. A grievance may be filed by Level I The grievant or the Xxxxxxx on behalf of all Employees similarly situated Association will first file a grievance, in which event processing of said grievance will begin writing with the second step provided herein. In the event the University does not respond to a grievance Superintendent-Director within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice twenty (W.W.P.).
Step 1. An Employee having a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (520) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 occurrence of the Supervisor's answergrievance, or in the case of a grievance filed by the Xxxxxxx on behalf of all Employees similarly situated, within five twenty (520) working days of the date it when the employee who 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 subject grieving had first knowledge of the grievance (what happened?), the date occurrence of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Superintendent-Director will meet with the grievant and an Association representative to discuss the grievance within ten (10) working days subsequent to the initial filing. Leve^ 11 If the Superintendent-Di rec tor's written disposition of the grievance, which will be due within fifteen (15) days after the Level I meeting, is not satisfactory to the grievant or his/her designated representative shall call the Association, the grievant or the Association may submit the grievance to the Board of Trustees. At the next regularly scheduled Board of Trustees meeting,or at a meeting with mutually agreed to and specially called for the Grievance Committeepurpose of discussing the grievance, not to exceed three (3) in number, in addition the grievance will be presented to the President Board of Trustees and Secretary, an effort will be made to resolve the dispute. The Board shall render a disposition in writing within five (5) working days subsequent to the meeting. Level III If the grievance is still unresolved, then within twenty (20) school days of the receipt of written decision from the grievanceBoard of Trustees, the Association may submit the grievance to Arbitration in accordance with the applicable Voluntary Labor Arbitration rules of the American Arbitration Association, or at the discretion of the Association, the State Board of Conciliation and Arbitration. The Directordecision ofthe Arbitrator, that is the American Arbitration Association or his/her designated representative the State Board of Conciliation and Arbitration, shall give his/her answer in writing within three (3) working days be final and binding on both parties, and the cost of this meeting. If satisfactory settlement is not reached,Arbitration shall be borne equally by both parties.
Appears in 1 contract
Samples: Cooperative Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject to 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. Definition: A grievance may be filed is a claim by the Xxxxxxx on behalf an employee that there has been as to them, a violation, misinterpretation or inequitable application of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step any of the Grievance Procedure. A grievance not appealed to the next progressive step provisions of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.)this agreement.
Step 1. I: An Employee having a employee will first take the matter up informally or verbally with their immediate supervisor no later than ten (10) days after the alleged grievance first occurred.
Step II: If the grievance is not satisfactorily resolved in Step I, the grievant shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance and in writing to be accompanied by the Xxxxxxx. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or Xxxxxxx 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 Xxxxxxx on behalf of all Employees similarly situatedtheir immediate supervisor, within five (5) working school days of after 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 2informal conference. The grievance immediate supervisor shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call render a meeting with the Grievance Committee, not to exceed three (3) decision in number, in addition to the President and Secretary, writing within five (5) working school days of receipt of and present the written decision to the grievant.
Step III: If the grievance is not satisfactorily resolved in Step II, the grievant may file an appeal in writing to the Superintendent or designee within five (5) days after receiving the decision in Step II. The Superintendent or designee shall have five (5) days after receiving the grievance to provide an answer to the grievance. The Director.
Step IV: If the grievant feels that the determination in Step Ill is not satisfactory, or his/her designated representative shall give his/her answer they may submit the grievance in writing within three five (35) working days of this meetingreceiving the Step Ill decision to the Board of Education. If satisfactory settlement The Board of Education shall hold a hearing at its next regularly scheduled meeting and shall render its decision within five (5) days of the hearing. Upon request of either party and with the express written consent of the other party, which will not be unreasonably withheld, the Board of Education step may be skipped and the matter will be processed directly to Arbitration. In such event, the requirement in Step V requiring a request for arbitration within 15 days if the grievance is not reached,resolved by the Board of Education will be deemed satisfied on the date that the parties consent to skip the Board of Education step.
Step V: If the grievance is not resolved by the Board of Education at the next regular meeting or within ten (10) days thereafter, the Association or the Superintendent of Schools may request arbitration within fifteen (15) days. The arbitrator shall be chosen and the arbitration governed by the rules and procedures of the New York State Public Employment Relations Board. The cost of the arbitrator shall be borne equally by the parties. The arbitrator does not extend to matters that are not covered in this contract. The decision of the arbitrator shall be binding on both parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance, subject The purpose of this Article is to establish a procedure for the following procedure, shall include any and all disciplinary action taken by the University, except for discipline orderly settlement of probationary Employees, and any and all questions and disputes involving contract interpretationgrievances. A grievance may be filed by the Xxxxxxx on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer exist when it is alleged that there is a violation of this agreement arising from the interpretation, application or withdrawn without prejudice (W.W.P.).
failure to comply with the terms thereof. It shall be optional with the Company or the Union to consider any grievance, the alleged circumstances of which occurred more than thirty days prior to its written presentation. When a grievance arises, an xxxxxxx effort shall be made to settle it by the Company, the employee concerned, and the Union, and it shall be handled in the Steps as hereinafter provided. Step 1No. An Employee having 1 Any regular employee who has a grievance shall present it to his/her Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the Xxxxxxx be called without undue delay for the purpose of attempting to adjust the grievance verbally to his Supervisor and to will be accompanied by the a Xxxxxxx. The Supervisor shall respond orally state his decision verbally within five (5) three working days following the discussionof such meeting. If satisfactory settlement is this verbal decision does not reachedsatisfactorily adjust the grievance, The Employee or Xxxxxxx shall reduce it may be appealed to Step 2 following. Step No. 2 Notice of appeal must be made within seven working days of the grievance to writing verbal decision, in writing, in triplicate, on forms supplied by the Employer Union, and submit same signed by the aggrieved employee and two members of the Grievance Committee. It shall be appropriately dated showing the date of the grievance, particulars of the incident giving rise to the Director grievance, the Article and Section of the Unit or a Collective Agreement alleged to have been violated, the date of the submission, as well as the corrective action requested of the Company, and shall be presented to local management designated representative within to handle Step Within five (5) working days of receipt of the Supervisor's answerappeal or within any agreed upon extension, or local management designated to handle Step 2 will meet with up to two members of the Grievance Committee in an attempt to resolve the case of a grievance filed grievance. A written decision shall be given by the Xxxxxxx on behalf of all Employees similarly situated, local management designated to handle Step 2 within five (5) working days of the date of such meeting. If this written decision does not satisfactorily adjust the grievance, it is reasonable may be appealed to assume that Step 3 following. Step No. 3 Notice of appeal must be given in writing by dating and signing the Union became aware grievance forms within ten working days from the written decision of it. Each party’s representative shall be responsible for making certain that all relevant contentions local management, or their designate, through the Manager, Labour and evidenceEmployment Relations, that are available at setting forth the time and have been developed and considered, are presented at areas or points of disagreement with the Step 22 written decision. The grievance shall be signed by the aggrieved Employee or Employees Manager, Labour and shall set forth the subject Employment Relations, will arrange a Management Committee to meet with up to two members of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, Grievance Committee and the facts necessary to support the grievance. The Director Local President, or his/her designated representative shall call a meeting with the Grievance Committee, not to exceed three (3) in number, in addition to the President and Secretary, within five (5) working days of receipt of the grievance. The DirectorBargaining Unit Chairperson, or his/her designated representative shall give his/her answer alternate, within seven working days or a time mutually agreed upon. The Iwo committees jointly will discuss the grievance and may request the attendance of any person or persons interested or involved. The Management Committee will render its decision in writing within three (3) seven working days from the date of this meetingsuch meeting to the Local or Bargaining Unit. If the Committee’s decision does not bring about a satisfactory settlement is settlement, the grievance may be referred by either party to arbitration as provided for in Article VIII. Should a regular employee claim that he has been unjustly discharged and wishes to seek redress under the grievance procedure, he must present such grievance, in writing, within five days of his discharge and may do so at Step 2 of the grievance procedure. Failure by the Company to reply to grievances within the time limits provided in this agreement, or any agreed upon extension, will result in the grievance being processed to the next Step within the grievance procedure. An employee and/or Xxxxxxx shall obtain the permission of his Supervisor before interrupting or leaving his work to deal with a grievance. Permission will not reached,be arbitrarily or unreasonably withheld. In this Article VII only, when computing working days, Saturdays, Sundays and holidays shall not be included.
Appears in 1 contract
Samples: Collective Agreement
