Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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GRIEVANCE PROCEDURE. 7.1 The parties agree ‌ 5.1 Any dispute between the City and the Union concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be deemed a grievance. Provided that 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. 5.2 A grievance in the interest of a majority of the employees in a unit of the bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the grievance procedure and be processed within the time limits set forth in this article herein. Grievances shall be mandatory, exclusive of Saturdays, Sundays, and General Holidaysfiled at the step in which there is authority to adjudicate such grievance. 7.1.1 In the event that the union misses 5.3 As a time limitmeans of facilitating settlement of a grievance, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limiteither party may include an additional member at its expense on its committee. If, the grievance shall be advanced to the next at any step in the grievance procedure, management's answer in writing is unsatisfactory, the Union's reason for non-acceptance must be presented in writing. 7.1.3 The 5.4 Failure by an employee or the Union to comply with any time limitation of the procedure in this Article shall constitute withdrawal of the grievance; provided, however, any time limits specified stipulated in the grievance procedure may be extended for such stated periods of time as mutually agreed, by the appropriate parties by mutual agreement in writing, . Failure by the Employer and City to comply with any time limitation of the Unionprocedure in this Article shall allow the Union and/or employee to proceed to the next step without waiting for the City to reply at the previous step, except that employees may not process a grievance beyond Step 3. 7.2 In order to provide for an orderly and speedy process for 5.5 Arbitration awards or grievance settlements shall not be made retroactive beyond the settling of grievances, the Employer acknowledges the rights and duties date of the Union Grievance Committee and Stewards. The role of occurrence or nonoccurrence upon which the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedis based, in writing, within thirty that date being twenty (3020) consecutive working business days of the event which led or less prior to the grievance and shall specify the nature initial filing of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The . 5.6 A grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along be processed in accordance with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as followsfollowing procedure: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 7.1 Union may file a grievance concerning the interpretation of any provision, including the prevailing rights, of this Agreement and/or disciplinary action taken against an Employee when a question of just cause exists. All grievances shall be processed through the Union. Removal, demotion, and discharge shall be subject to the grievance procedure or subject to the jurisdiction of the City Council as provided in Article 11 of the Charter of the City of Tulsa as the member shall elect, except for new hires as provided in Article 1, Section 1.2. The parties agree member's election of remedies shall be binding and irrevocable. Grievances under this Agreement shall be processed in accordance with the following: Step 1. The grievance shall be submitted in writing to the Fire Chief or his designee. By virtue of the supervisory capacity in which they serve, Employees holding the rank of District Chief and above may be required to investigate and provide necessary input and recommendations to the Fire Chief in his/her deliberation of first step grievances. The Fire Chief shall submit his/her answer to the Employee in writing, with a copy to be forwarded to the Union within ten (10) calendar days after receipt of the grievance. Step 2. If the grievance remains unresolved, it may be submitted to the Human Resources Director of the City in writing within ten (10) calendar days of receipt of the written answer from the Fire Chief. Within ten (10) calendar days after receipt of the grievance, the Human Resources Director or his/her designee and appropriate supervisory representatives of the Fire Department shall meet with three (3) members of Union Grievance Committee in an attempt to resolve the grievance. The Human Resources Director or his/her designee shall submit Employer's answer in writing to the Grievance Committee within ten (10) calendar days after such meeting. Section 7.2 If the grievance is unresolved after receipt of Employer's answer in Step 2, Union may request in writing within ten (10) calendar days that the grievance be submitted to impartial arbitration. Prior to arbitration, the parties may mutually agree to utilize mediation to attempt to resolve the grievance. Section 7.3 No matter shall be entertained as a grievance hereunder unless it is raised as such within twenty (20) calendar days after the occurrence of the event or after the Employee becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Section 7.4 All time limits set forth in this article Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he/she shall be mandatoryhave no further right to continue the grievance. Likewise, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In failure to respond to a grievance by the event that appropriate Employer agent within the union misses a prescribed time limit, limits shall allow Union or grieving member to automatically move the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedurestep. 7.1.3 Section 7.5 Within ten (10) calendar days from receipt of the request for arbitration, the parties shall jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service, unless the parties can mutually agree upon an arbitrator to hear the dispute. Section 7.6 Within ten (10) calendar days from receipt of such panel, a representative of Union and Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. Employer shall strike the list first in even years, Union shall strike the list first in odd years. Section 7.7 Within ten (10) calendar days the Federal Mediation and Conciliation Service and the arbitrator selected shall be notified. The date for the arbitration hearing shall be set within twenty (20) calendar days from the date of such notification to the arbitrator. Section 7.8 The parties may mutually agree or the arbitrator may allow briefs upon an oral motion of one party and the arbitrator determines that written briefs would be important to the disposition of the case. The arbitrator shall have twenty (20) calendar days after the hearing is concluded, or receipt of briefs, to render his/her award and findings of fact. Section 7.9 With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decisions, findings, and recommendations of the arbitrator shall be final and binding on the parties to this Agreement; however, the authority and responsibility of Employer as provided by the Charter of the City of Tulsa shall not be usurped in any manner unless specifically amended or modified by this Agreement. Section 7.10 The arbitrator's authority is strictly limited to the interpretation and application of the terms of this Agreement. The arbitrator shall have no jurisdiction to establish a new agreement or any variation or modification of the present Agreement, nor to arbitrate away, in whole or part, any provision of this Agreement or any supplements thereto or amendments thereof; nor shall any wage structures or structure of job classifications covered by this Agreement be subject to arbitration. This shall not preclude individual wage grievances. Section 7.11 It is specifically and expressly understood that taking an appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing party and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other forum. This Section shall not apply to the judicial enforcement of an arbitration award. Section 7.12 The cost and expenses incurred by the impartial arbitrators shall be shared equally by Union and Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 7.13 Two (2) representatives from Union and the grieving Employee may be present at the arbitration hearing without loss of pay for time limits specified spent in arbitration if the hearing is scheduled during the Employee's normal work period. Section 7.14 All issues in a particular arbitration, including issues relating to arbitrability, shall be heard in a single hearing. If additional information becomes available that could affect the second step decision, the parties agree to meet and discuss such information prior to arbitration. Section 7.15 When an Employee receives written notification of disciplinary action that would result in a monetary loss to the Employee, or the Employee elects the grievance procedure may be extended for such time as mutually agreedin the instances of removal, in writingdemotion or discharge, by the Employer Employee or Union shall have twenty (20) calendar days to grieve the action and the Union. 7.2 In order to provide for an orderly and speedy process for the settling grievance will be filed at Step 2 of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsthis procedure. The role of the xxxxxxx Human Resources Director or his/her designee shall be to assist with the preparation and presentation of conduct a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to hearing as a policy grievance. Policy grievances shall be submitted, set forth in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor 2 within ten (10) consecutive working calendar days of the event which led to receipt of the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union and shall have the right to originate grievances on behalf of any employee who feels that she has issue a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within written answer within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature calendar days of the grievancehearing.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 7.01 The parties agree that Union may appoint a regular employee from among the time limits members of the bargaining unit, two (2) Stewards for the purpose of assisting employees in presenting grievances to the Employer as set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General HolidaysAgreement. 7.1.1 In 7.02 The Union shall keep the event Employer notified in writing of the names of the Stewards and the effective date of their appointment. 7.03 It is agreed that the union misses a time limit, the grievance is deemed Stewards shall continue to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced perform their regular work in order to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreedmaintain efficiency of operations. However, in writingaccordance with this understanding, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall should it be necessary to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of an employee in presenting a grievance during working hours she hours, Stewards will not leave their work without first obtaining the permission of their immediate supervisor, provided that such permission will not be unreasonably withheld. It is also understood that a Xxxxxxx shall suffer no loss not enter another Department without first obtaining the permission of regular earningsthe Supervisor of such Department and notifying the Supervisor as to the nature of the grievance and the personnel involved. Policy GrievancePrior to returning to work in the Xxxxxxx'x own Department, a Xxxxxxx will report to the Xxxxxxx'x immediate Supervisor. 7.3 Grievances 7.04 For the purpose of the Agreement, a grievance which are not of an individual nature but are generally applicable to employees covered by the scope involves interpretation, application, administration or alleged violation of this Agreement shall be referred considered to as be a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the fit matter for grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as followsspecified below. The time limits for the processing of grievances shall be observed strictly by the parties except in the case of mutual agreement to alter the time limits. All written notices referred to in this procedure shall include a statement of the following: a. Within ten (10a) consecutive workdays, the Union shall submit grievance; (b) the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature part of the grievanceAgreement that is alleged to have been violated; (c) the redress sought; (d) the date. 7.05 Grievances properly arising under this Agreement shall be submitted in the following manner and sequence:

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 Section 1. The parties agree grievance procedure is a formal mechanism intended to assure that employee grievances arising from misunderstandings that may develop in the time limits set forth in administration of this article shall be mandatoryagreement are promptly heard, exclusive of Saturdays, Sundaysanswered, and General Holidaysappropriate action taken to correct a particular situation. 7.1.1 In Section 2. The term grievance shall mean an allegation by a bargaining unit employee or the event Union that there has been a breach, misinterpretation, or misapplication of the union misses express terms of this agreement. Unsafe or unhealthy working conditions not acted upon in accordance with the provisions of Article 5 may be processed at Step 3 within fifteen (15) days of the written report to the Chief. Section 3. A grievance, under this procedure, may be brought by any employee or the Union. Where a time limitgroup of employees desires to file a grievance involving a situation affecting each member in the same manner, one member selected by such group or the Union may process the grievance. Section 4. A grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, barred unless it is presented at Step 2 within thirty (30) consecutive working calendar days of the actual event which led giving rise to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing Section 5. All grievances must be processed at the proper step in the progression in order to resolve be considered at the grievance subsequent step. Section 6. The Labor Council agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits, or other forms of liability that may arise out of any determination that the Labor Council failed to fairly represent an employee during the discussion with exercise of his rights as provided by the Grievance and Arbitration Procedure contained herein. Section 7. A grievance shall be submitted in writing and shall contain the following information: A. aggrieved employee's name; B. aggrieved employee's classification; C. name of the employee's immediate supervisor, it shall be dealt with as follows:; a. Within ten (10) consecutive workdays, D. date and time of the Union shall submit incident giving rise to the grievance; E. date and time the grievance in writing was first discussed; F. a statement as to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature specific articles and sections of the agreement violated; G. a brief statement of the facts involved in the grievance; and

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 11.1 A grievance shall be defined as a dispute between the Employer and the Association as to the meaning, application, or interpretation of the specific provisions of this Agreement. Such grievance shall state which section(s) of the contract is alleged to have been violated and how it affects the member(s) of the Association who feel aggrieved. 11.2 A matter involving several employees and the same question may be submitted by the Association as a single, class-action grievance. 11.3 The parties agree that Employer and the Association may have legal counsel present at Step 4 or any subsequent step of this procedure, provided forty-eight (48) hours notice is given. 11.4 An on-duty grievant(s) in a grievance may attend the grievance meeting without loss of pay or benefits. 11.5 An agreement reached at any step in the grievance procedure between the Employer and the Association, including a xxxxxxx or alternate xxxxxxx, shall be final and binding on the Employer, the Association, and the employees and cannot be changed by an individual. 11.6 Grievances shall be processed from one (1) step to the next within the time limit prescribed in each of the steps. If the Association or employee fails to act within the time limits set forth in this article shall be mandatory, exclusive any step of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limitGrievance Procedure, the grievance shall be considered settled on the basis of the Employer’s last answer. Any grievance not answered by the Employer within the time limits established in the Grievance Procedure may be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Association by written appeal within the proper time limit after the Employer’s answer was due. The Employer and the UnionAssociation may extend the time limits established in the Grievance Procedure by executing a written extension. 7.2 In order to provide for 11.7 It is encouraged that any dispute be resolved as soon as possible in an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsinformal manner. The role of employee shall first discuss the xxxxxxx matter with his/her immediate supervisor. If the matter is not resolved, it shall be reduced to assist writing by the employee and submitted as a grievance. 11.8 A written grievance shall be signed by the grievant(s) and submitted to the Fire Chief with a copy directed to the preparation and presentation Human Resources Director. In the case of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to submitted as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the Class Action grievance, the articles grievance shall be signed by the xxxxxxx or clauses of alternate xxxxxxx submitting the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to makegrievance. The grievance shall commence at Step 2contain a specific statement of facts as to its cause, Clause 7.6 7.4 An employee who feels they have a the section of the contract which the grievant(s) believes was violated, and the remedy sought. Any grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor not submitted within ten fourteen (1014) consecutive working calendar days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it its occurrence shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceautomatically closed.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 7.01 The parties agree hereto desire that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it every complaint shall be dealt with as follows:it justly deserves as quickly as possible. a. Within ten (10) consecutive workdays7.02 Step 1: Should a grievance arise, the Union employee shall submit along with his/her Xxxxxxx, or in the absence of a Xxxxxxx with a member of the Plant Committee, discuss it with the Supervisor within four (4) working days after the event giving rise to the grievance or within four (4) working days after the employee became aware or ought to have become aware of the event giving rise to the grievance. The Supervisor shall reply by the end of the next working day. 7.03 Step 2: If the reply of the Supervisor to the grievance is not satisfactory to the employee, then he/she may reduce the grievance to writing, sign it with the xxxxxxx, or in the absence of the xxxxxxx with a Committeeperson. The grievance should identify the clause or clauses alleged to have been violated along with a brief explanation of the issue(s) involved. The Committeeperson shall present it to the Operations Manager/Shift Superintendent or his/her designate within three (3) working days from the date that he/she received the reply of the supervisor. The Operations Manager/Shift Superintendent, or his/her designate, will meet with the Committeeperson or designate and render a decision in writing within three (3) working days after the day on which the grievance was presented. 7.04 Step 3: If the reply of the Operations Manager/Shift Superintendent or his/her designate is not satisfactory to the Assistant Union, the grievance may be presented by the Plant Chairperson to Management within four (4) working days from the date of the reply of the Operations Manager/Shift Superintendent - Business Services with or his/her designate. The Plant Committee and Management shall meet within five (5) working days after the grievance has been so presented. Upon request by either party, the Local Union President(s) and/or the National Union Representative(s) may be in attendance. Within four (4) working days after the Step 3 meeting, Management will render a copy decision in writing and submit it to the Superintendent of Schools outlining: i. the nature of the grievancePlant Committee.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. If the time limits set forth in this article matter is not resolved by informal discussion, it shall be mandatory, exclusive of Saturdays, Sundays, and General Holidayssettled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance. 7.1.1 In ) All written grievances shall contain the event that the union misses a time limit, the grievance is deemed following (Step 1 grievances are not expected to be abandoned.in writing and do not require detailing of the items listed below): 7.1.2 In a) name(s) of the event that grievant or grievants, if applicable; b) a brief summary of the employer misses a time limit, facts giving rise to the alleged violation; c) citation of the section or subsections of this Agreement alleged to have been violated; d) the date of the alleged violation; e) the specific remedy requested. Any written grievance shall filed at Step Two or Three not in accordance with the above requirements may be advanced denied on the basis of improper filing and may be appealed to the next step Step in the grievance accordance with this procedure. 7.1.3 The time limits specified in the grievance procedure may . This meeting shall be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling held within fourteen (14) calendar days of grievances, the Employer acknowledges the rights and duties receipt of the Union Grievance Committee and Stewardsrequest. The role of the supervisor, employee(s), and Union xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 grievance. If desired by the supervisor, another member of management may be present so long as that person will not be hearing the grievance at Step Two, should it progress to that Step. The parties are limited to one (1) representative each present on Employer paid time, in addition to the grievant and the supervisor. The supervisor shall respond to the grievant with a copy of the response to the Xxxxxxx within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two. A representative of the appropriate Human Resources Department shall have hold a meeting between the right head of the unit, the grievant, and the designated Union representative on Employer paid time to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing discuss and attempt to resolve the grievance during the discussion with the employee's supervisor, it grievance. This meeting shall be dealt with as follows: a. held within fourteen (14) calendar days of the receipt of the Step Two grievance. Within ten fourteen (1014) consecutive workdayscalendar days of the meeting, the Union head of the unit shall submit the grievance provide a decision in writing to the Assistant Superintendent - Business Services grievant and the Union representative with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceappropriate Human Resources Department. The parties are limited to two

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 8.01 An employee who feels they have he/she has a grievance shall notify may present the Union, who, along with grievance in writing to the employee, will discuss it with the employee’s supervisor Lieutenant/Captain within ten five (105) consecutive working days of the event which led occurrence or discovery of the incident giving rise to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a alleged grievance. 7.6 Failing 8.02 Subject to resolve the Clause 8.03, grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten processed in the following manner: Level I If the employee fails to receive a satisfactory answer within five (105) consecutive workdaysdays of presenting the matter under Clause 8.01, the Union shall submit the he/she may, within five (5) days present his grievance in writing to the Assistant Superintendent - Business Services who will give the griever a dated receipt. If the employee fails to receive a satisfactory answer to his grievance within ten (10) days after the filing of the grievance at Level I, he/she may, within a further five (5) days, submit his grievance in writing to a committee consisting of an equal number of representatives of the management and the Association, chaired by a representative of the management. Such a committee shall not exceed four people in total. If the grievance is still not satisfactorily settled by the foregoing procedure or if it is of the type referred to in Clause 8.03, either of the parties to this Agreement may submit the grievance to arbitration in accordance with the procedure set forth hereunder. 8.03 In the case of dismissals and suspension pending dismissal, the grievance may be submitted in the first instance at Level III of Clause 8.02. 8.04 The Association may initiate a copy policy or group grievance by submitting the grievance in writing to the Superintendent and the time periods set forth in Level II of Schools outlining: i. Clause 8.02 shall be applicable. 8.05 The Union and its representatives shall have the nature right to originate a grievance on behalf of an employee, or group of employees, and to seek adjustment with the Employer in the manner provided in the Grievance Procedure. Such a grievance shall commence at Step 2. 8.06 At all levels of the grievance procedure, the replies to grievances will be in writing and dated receipts of grievances will be given. 8.07 A full-time representative of the Association may be called in by the employee(s) at any level of the grievance.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 8.01 It is the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties mutual desire of the Union Grievance Committee and Stewards. The role parties hereto that grievances of employees concerning the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope interpretation or alleged violation of this Agreement shall be referred to adjusted as a policy quickly as possible and it is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity of adjusting his grievance. Policy grievances Such a grievance shall be submitted, in writing, discussed with the immediate supervisor within thirty five (305) consecutive working days of after the event which led circumstances giving rise to the grievance and shall specify the nature have occurred. Failing settlement, it may then be taken up as a written grievance within five (5) working days following advice of the grievanceimmediate supervisor's decision in the following manner and sequence: STEP I Between the employee, who may have the articles or clauses assistance of the collective agreement which are alleged to be violated his xxxxxxx if he so desires, and the remedy General Manager or correction that the Employer is requested to makehis designate. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a be submitted in writing and signed by the employee. The grievance shall notify include the Unionfollowing minimum information: (i) Name of the grievor; (ii) Date of the act, whoevent, along with occurrence or omission forming the basis of the grievance; (iii) Substance of the grievance clearly stated; (iv) Relief sought; and, (v) Signature of the xxxxxxx and the grievor. The General Manager or his designate will give his decision in writing within five (5) working days following the presentation of the grievance to him. Failing settlement: STEP II Within five (5) working days after the decision is given under Step I, the grievance may be submitted in writing by the employee, who may have the assistance of a xxxxxxx if he so desires, to the General Manager or his designate. The General Manager or his designate will discuss it with give his decision in writing within five (5) working days from the employee’s supervisor date of receiving the written grievance. 8.02 Failing settlement under the foregoing procedure of a grievance arising from the interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to Arbitration as set forth in Article 9, within ten (10) consecutive working days after the date of the decision under Step II. 8.03 Where no written decision has been given within the time limits specified, the grievance may be submitted to the next step of the foregoing procedure, including Arbitration. The time limits provided under this Article may be extended by mutual agreement in writing of the parties. 8.04 It is agreed that only grievances involving suspension or discharge, or grievances arising directly between the Company and the Union shall be originated under Step II with the minimum information set out in Step I included in the written grievance within five (5) working days after the circumstances giving rise to the grievance have occurred, and the time limits set out with respect to that step shall appropriately apply. 8.05 A Union policy grievance or a Company grievance may be submitted by the Company or the Union, as the case may be, in writing within ten (10) working days from the time the circumstances upon which the grievance is based are known or reasonably could have been known by the grieving party. A meeting between the Company and the Union shall be held within five (5) working days of the event which led presentation of the written grievance and shall take place within the framework of Step II of Article 8 hereof. The Company or the Union, as the case may be, shall give its written decision within five (5) working days after such meeting has been held. If the decision is unsatisfactory to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve grieving party, the grievance during the discussion with the employee's supervisor, it shall may be dealt with submitted to arbitration as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancehereinafter set out.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 13.01 The parties agree that discussions should occur between employees, Union representatives and Employer representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussions between employees, Union representatives and Employer representatives. Where discussions on problems or differences occur, the time limits in Step 1 will be extended by the appropriate number of days. 13.02 If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Employer and the Union, or between an employee(s) and the Employer, it shall be processed according to the following grievance procedure. Nothing in this provision deprives employee(s) of any rights or remedies to which they are entitled in any legislation. Grievances involving the interpretation, application, operation or any alleged violation of the Agreement must have the approval and support of the Alliance. 13.03 The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays and holidays shall be excluded. If the time limits set forth out in this article shall be mandatorySteps 1, exclusive 2, or 3 of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may are not complied with, then the grievance will be extended for such time considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits. 13.04 If the Employer fails to meet a time limit, the Union, at its option, may either advance the grievance to the next step or await the Employer’s response, in which case no time limit shall run against the Union until it has received the Employer’s response. 13.05 Employee(s) shall have the right to be represented at any step of the grievance procedure. The employee(s) and the Union representatives shall be given leave with pay to attend such meetings. When an employee has asked or is obliged to be represented by the Employer and the Union. 7.2 In order Alliance in relation to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as and a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days representative of the event which led Alliance wishes to discuss the grievance and shall specify the nature of the grievancewith that employee, the articles or clauses of the collective agreement which are alleged to be violated employee and the remedy or correction that the Employer is requested to makerepresentative will be given reasonable leave with pay for this purpose. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have be given full opportunity to present evidence and make representations throughout the grievance procedure. 13.06 The employee(s) shall be advised of their right to originate grievances on behalf of have a union representative present at any employee who feels that she has a grievancedisciplinary meeting held with bargaining unit employee(s). 7.6 Failing to resolve 13.07 The Employer shall designate a representative at each level of the grievance during procedure and shall inform the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance union in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature on an annual basis, or as required, of the grievancename and title of the person designated at each level.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 Section 1. A grievance within the meaning of this Agreement is any violation of the express terms of this Agreement or a dispute concerning the interpretation or application of any of the specific provisions of this Agreement. The parties agree following outline of procedure is written as for a grievance of the Union against the University, but it is understood that the time limits set forth in this article shall be mandatory, exclusive steps are similar for a grievance of Saturdays, Sundays, and General Holidaysthe University against the Union. 7.1.1 In Section 2. Every effort will be made to settle grievances at the event that lowest possible level of supervision with the union misses a time limit, understanding grievances may be filed with the next level if the grievance is deemed to be abandonedagainst the Manager, Printing Services. 7.1.2 In the event that the employer misses a time limit, Section 3. Grievances processed through Step 2 of the grievance procedure shall be advanced heard during normal University working hours of 8 A.M. to 5 P.M. unless stipulated otherwise by the next step parties. Employees involved in such grievance meetings during their normal University working hours shall be allowed to do so without suffering a loss in pay. The shop xxxxxxx and/or Business Representative and the grievant may attend the grievance proceduremeeting. 7.1.3 The Section 4. Any time limits specified stipulated in the grievance procedure may be extended for such stated periods of time as mutually agreed, by the parties by mutual agreement in writing, . Section 5. A grievance in the interest of a majority of the employees in the bargaining unit shall be reduced to writing by the Employer Union and may be introduced at Step 2 by the Union. 7.2 In order to provide for an orderly shop xxxxxxx and/or a Union official and speedy process for be processed within the settling of grievances, time limits set forth herein. If the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx grievance is initially submitted at Step 2 it shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, submitted within thirty fifteen (3015) consecutive working days of the event which led alleged contract violation. Section 6. A grievance shall be processed in accordance with the following procedure: Step 1. A grievance shall be identified as such and may be presented by the aggrieved employee and/or the shop xxxxxxx to the grievance and shall specify the nature of the grievanceManager, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor Printing Services within ten (10) consecutive working days from the time the complaint arose or should have reasonably been known to exist. The parties agree to make every effort to settle the grievance at this stage promptly. The Manager, Printing Services shall answer the grievance within ten (10) working days after presentation of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve Step 2. If the grievance during the discussion with the employee's supervisoris not resolved as provided in Step 1, it shall be dealt reduced to written form citing the section(s) of the Agreement allegedly violated, the nature of the alleged violation and the remedy sought. The written grievance shall then be forwarded to the Director within ten (10) working days after the Step 1 answer. The Director or designee shall convene a meeting within ten (10) working days after receipt of the grievance. The meeting shall include the aggrieved employee, shop xxxxxxx and/or Business Representative, together with as follows:the Director or designee and the Manager, Printing Services. a. Step 3. Within ten (10) consecutive workdaysworking days of the Union's receipt of the University's Step 2 response or the expiration of the University's timeframe for responding at Step 2, the Union shall either party may submit the grievance in writing to binding arbitration. If the Assistant Superintendent - Business Services with parties are unable to mutually agree upon an arbitrator, they shall select one from a copy list of eleven (11) names provided by the Federal Mediation and Conciliation Service (F.M.C.S.). The parties will make a good faith effort to select an arbitrator within twenty (20) working days after receiving the Superintendent of Schools outlining: i. the nature of the grievancelist from F.M.C.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 8.01 The parties agree to this Agreement are agreed that it is of the time limits set forth in utmost importance to adjust complaints and grievances as quickly as possible. 8.02 When a written grievance is filed, the aggrieved employee, with his/her xxxxxxx, shall discuss his/her grievance with his/her immediate xxxxxxx as soon as possible, and permit management a reasonable opportunity to rectify the situation. 8.03 Grievances properly arising under this article Agreement shall be mandatoryadjusted and settled as follows: Step 1: The grievance shall be submitted in writing to the grievor’s immediate xxxxxxx within fifteen (15) days of its occurrence giving rise to the grievance. The xxxxxxx shall acknowledge receipt of the grievance and give his/her answer in writing within three (3) working days after receipt of the grievance. If a satisfactory settlement of the grievance is not obtained, exclusive the grievance may be submitted to Step 2 of Saturdays, Sundays, and General Holidaysthe grievance procedure within five (5) consecutive working days after the date on which the xxxxxxx gives his/her written decision. 7.1.1 Step 2: A grievance submitted to this step shall be the subject of a meeting between the General Xxxxxxx and the Union Xxxxxxx and grievor. This meeting shall be held at the earliest convenience of all concerned but in any event, not more than three (3) working days after receipt of the grievance by the General Xxxxxxx. In the event that extra time is required by either party, it will be granted if the union misses request is reasonable. The General Xxxxxxx shall answer the grievance in writing within three (3) working days after the Step 2 meeting. The grievance may be appealed to Step 3 of the grievance procedure within seven (7) working days of the Step 2 meeting. Step 3: A grievance submitted to this step shall be the subject of a time limitmeeting between senior management and the grievance committee. Either party may request the attendance of the national representative of the Union. The decision of the meeting will be communicated to the grievor in writing within three (3) consecutive normal working days after the meeting has taken place. 8.04 If final settlement of the grievance is not completed within seven (7) working days of the Step 3 meeting, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such referred in writing by either party to Arbitration as provided in Article IX at any time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working calendar days after the Step 3 meeting. 8.05 If any group of employees has a grievance arising out of any alleged violation or misinterpretation of the event Agreement which led to affects them as a group, the affected employees may process the grievance and through the grievance procedure in like manner as an individual grievance. On the grievance being reduced in writing, the grievance shall specify bear the nature signatures of all the employees of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problemgroup concerned. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 7:01 Employees of the time limits set forth in this article Company who are members of the Union shall be mandatory, exclusive selected by the Union as Shop Xxxxxxx. The Union shall advise the Company of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that name of the union misses a time limit, Stewards. The Xxxxxxx shall assist the aggrieved employee(s) if requested to do so by the employee(s) concerned when the grievance is deemed processed to Management. The Grievor(s) and Xxxxxxx, if required, will request time from the Supervisor, or his/her delegate as the case may be, to present the grievance. The Supervisor, or his/her delegate, will provide the time required to process the grievance within four (4) calendar days. The grievance must be abandoned. 7.1.2 In signed by the event that grievor(s) and Step One – The employee, along with his/her Xxxxxxx if he/she so desires, shall submit a grievance in writing and shall meet with the employer misses Supervisor, or his/her delegate, to discuss the grievance. The Supervisor, or his/her delegate, will render a time limitdecision in writing within seven (7) calendar days following the meeting to the Xxxxxxx, the grievance shall be advanced to Unit Chairperson, and the next step in Gas Unit President. Step Two – If the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of is not resolved at “Step One” then the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, may request in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within further ten (10) consecutive working calendar days, a meeting with Company Management. The Company will arrange to meet with the Union within fourteen (14) calendar days of the event which led Union appealing a grievance to Step 2 of the process. 7:02 A grievance shall be deemed waived unless the matter is processed by the Union to the grievance in an xxxxxxx attempt Company within twenty (20) calendar days from the date the misunderstanding arises, as long as the employee or Union had a reasonable opportunity to resolve learn of the probleminfraction. 7.5 (a) The Union shall have the right to originate grievances on behalf initiate a group grievance (that is a grievance involving a group of employees as a result of similar circumstances) or a policy grievance (that is a grievance of a general nature with no individual remedy) by submitting and processing it in accordance with “Step Two” in Section 7:01 of this Article. (b) The Company shall have the right to initiate a grievance(s) relating to any difference in interpretation, application or administration of the Agreement, including any question whether a matter is arbitrable, or where an allegation is raised that the Agreement has been violated, under “Step Two” preceding. 7:04 In the event of a claim by an employee who feels that he/she has been unjustly discharged, the claim in the form of a grievancegrievance may be processed at “Step Two” of the grievance procedure within seven (7) calendar days from the date that the discharge took place. The grievance may be settled by the parties to the Collective Agreement or failing to do so by the Arbitration Board or Sole Arbitrator by (a) confirming the Management’s decision of discharging the employee; or (b) reinstating the employee with full compensation for the lost time; or (c) any other arrangement which is agreed to by the conferring parties or by the Board of Arbitration or Sole Arbitrator. Despite the foregoing in this Section 7:04, any compensation which may be decided on shall not exceed the employee’s normal basic rate of pay for any time lost. 7.6 Failing 7:05 Should the Union fail to resolve carry on a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be deemed to be abandoned. Should the Company fail to answer a 7:06 Members of the Grievance Committee will not lose pay for time spent during regularly scheduled working hours attending scheduled meetings with Management Representatives except for time spent on Arbitration. 7:07 A Shop Xxxxxxx involved in processing a grievance or wishing to discuss matters involving the Collective Agreement must first obtain permission from his/her Supervisor, or his/her Delegate, before leaving work. The Supervisor or Delegate will endeavour as promptly as possible to provide a reasonable time period in order that the Shop Xxxxxxx may perform such functions. The Shop Xxxxxxx shall not suffer a loss of pay for the time so spent during the discussion with regular working hours. 7:08 Where a grievance is not settled under the employee's supervisorpreceding Sections of this Article, it shall be dealt with as follows: a. Within ten (10) consecutive workdaysincluding the question of whether or not a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the Union shall parties may notify the other party in writing of its desire to submit the grievance or allegation to arbitration within thirty (30) calendar days from the date of Management’s answer at “Step Two”. 7:09 Where a difference arises between the parties relating to the interpretation, application or administration of this Collective Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Collective Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the first party’s appointee to an Arbitration Board; a list of at least three (3) names, any one of which is acceptable to the Assistant Superintendent - Business Services with first party 7:10 If the application of Section 7:09 results in a copy desire to constitute an Arbitration Board, the Superintendent of Schools outlining: i. the nature two (2) 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 respond within the time limit, or if the two (2) appointees fail to agree upon a Chairman within the time limit or if the parties fail to agree on a Sole Arbitrator within the time limit, then the appointment of a Chairman or Sole Arbitrator shall be made by the Minister of Labour upon the request of either party. The Arbitration Board or Sole Arbitrator shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. In the case of a Board, the decision of the majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman shall govern. 7:11 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto will bear the expense of its appointee to an Arbitration Board and the parties will jointly bear the expenses, if any, of the Chairman of the Arbitration Board or Sole Arbitrator. The proceedings of the Arbitration Board or Sole Arbitrator will be expedited by the parties 7:12 The Arbitration Board or Sole Arbitrator is not authorized, nor is there any jurisdiction to alter, amend, change, add to or modify any part or provision of this Collective Labour Agreement.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 20.1 The parties agree that Employer shall recognize the time limits set forth Xxxxxxx selected in this article accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall be mandatory, exclusive notify the Employer in writing of Saturdays, Sundays, the name of the Xxxxxxx and General Holidaysof his/her successor when so named. 7.1.1 In the event that the union misses a time limit, the grievance 20.2 It is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, recognized and accepted by the Employer and the Union. 7.2 In order to provide for an orderly Union that the processing of grievances as hereinafter provided is limited by the job duties and speedy process for the settling of grievances, the Employer acknowledges the rights and duties responsibilities of the Union Grievance Committee employees and Stewards. The role of the xxxxxxx shall therefore be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance accomplished during working hours she only when consistent with such employee duties and responsibilities. The Xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Xxxxxxx and the employee have notified and received the approval of regular earnings. Policy Grievancetheir supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 7.3 Grievances 20.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are not defined as an alleged violation of the terms and conditions of this Agreement. 20.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an individual nature but are generally applicable alleged violation of this Agreement, the employee involved shall attempt to employees covered resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the scope of this Agreement shall informal discussion it may be reduced to writing and referred to as a policy grievanceStep 2 by the Union. Policy grievances The written grievance shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify set forth the nature of the grievance, the articles or clauses facts on which it is based, the alleged section(s) of the collective agreement which are alleged to be violated Agreement violated, and the remedy or correction that relief requested. Any alleged violation of the Employer is requested Agreement not reduced to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify writing by the Union, who, along with the employee, will discuss it with the employee’s supervisor Union within ten seven (107) consecutive working calendar days of the first occurrence of the event which led giving rise to the grievance in an xxxxxxx or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Xxxxxxx and attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf grievance. If, as a result of any employee who feels that she has a grievance. 7.6 Failing to resolve this meeting, the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdaysremains unresolved, the Union Employer shall submit the grievance reply in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceUnion within three (3) calendar days following this meeting.

Appears in 3 contracts

Samples: Maintenance Labor Agreement, Maintenance Labor Agreement, Maintenance Labor Agreement

GRIEVANCE PROCEDURE. 7.1 Section A. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. Section B. The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit, having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. Section C. It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited to the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the UNION representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided that the employee and the UNION have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work program of the EMPLOYER. Section D. Grievances shall be resolved in conformance with the following procedure: STEP 1. The UNION xxxxxxx, with or without the employee, shall take up the grievance within twenty-one (21) days of its occurrence or the employee’s knowledge of its occurrence with the employee’s supervisor. The supervisor shall attempt to adjust the matter and shall respond to the xxxxxxx within three (3) working days. STEP 2. In the event the grievance is not resolved to the satisfaction of the UNION in Step 1, it shall be presented in writing within seven (7) days to the County Highway Engineer who may conduct a new hearing and who shall submit a written decision to the UNION and the employee within ten (10) days thereafter. STEP 3. In the event no settlement is reached, the grievance shall be presented in writing to the County Administrator. The County Administrator will respond in writing to the UNION within ten (10) days. STEP 4. A grievance not resolved in Step 3 of the grievance process may be submitted to the Bureau of Mediation Services by mutual agreement. It is recognized by the parties that the intervention of the Bureau of Mediation Services does not preclude either party from proceeding to arbitration. The use of the Bureau of Mediation Services is for a possible mediated resolution only. STEP 5. If the grievance remains unresolved, the UNION may, within seven (7) calendar days after the response of the County Administrator, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION. If the parties fail to mutually agree that upon an arbitrator within seven (7) calendar day, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name, and the other party shall then strike one name. The process will be repeated, and the remaining person shall be the arbitrator. A hearing on the grievance shall be held promptly by the arbitrator, and a decision shall be rendered by him within thirty (30) days of the date of hearing. All expenses of the cost of the arbitrator shall be duly shared and assessed equally by the parties. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record. Section E. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue(s) submitted to him by the EMPLOYER and the UNION, and shall have no authority to make decision on any other issue not so submitted to him. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The decision shall be based solely upon the arbitrator’s interpretation or application of the express terms of this Agreement and on the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER and the UNION and the employees, to the extent established by the PELPA of 1971, as amended. Section F. If a grievance is not presented within the time limits set forth in this article above, it shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses considered waived. If a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced not appealed to the next step in within the grievance procedure. 7.1.3 The specified time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles limit or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisoragreed upon extension thereof, it shall be dealt with as follows: a. Within ten (10) consecutive workdaysconsidered settled on the basis of the EMPLOYER’S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the Union shall submit UNION may elect to treat the grievance in writing as denied at that step and immediately appeal the grievance to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature next step. The time limit in each step may be extended by mutual written agreement of the grievanceEMPLOYER and the UNION.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 11.01 Should a dispute arise between the time limits set forth in Board and any Employee(s) regarding the interpretation, meaning, operation, or application of this article Agreement, an xxxxxxx effort shall be mandatory, exclusive made to settle the dispute in the following manner: Employees and their immediate Supervisor with or without a shop xxxxxxx shall make an xxxxxxx effort to resolve any difference prior to commencement of Saturdays, Sundays, the formal grievance process. The employee shall submit their concerns in writing and General Holidaysany discussions shall be without prejudice to the formal grievance process. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy Step 1 All grievances shall be submitted, in writing, within thirty twenty-one (3021) consecutive working days of the incident, citing the Article(s) violated and the solution sought. In the event which led of a grievance originating while an Employee is on an approved leave of absence from work, such grievance shall be lodged within twenty-one (21) working days of the said Employee returning to work. Step 2 Failing satisfactory settlement in Step 1, the Employee(s) concerned, together with the Xxxxxxx, will submit within five (5) working days, a written statement of the particulars of the complaint and the redress sought to the grievance Superintendent and/or designate and he shall specify the nature render his decision within five (5) working days after receipt of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at . Step 3 Failing satisfactory settlement being reached in Step 2, Clause 7.6 7.4 An employee who feels they have a grievance the Employee(s) concerned, together with the Grievance Committee, shall notify submit the matter to the Board of Trustees within five (5) working days after receipt of the Superintendent and/or designate. Upon written request by the Union, who, along with the employee, will discuss it with the employee’s supervisor a hearing shall be granted. The Board of Trustees shall render its decision within ten (10) consecutive working days of following the event which led to the grievance in an xxxxxxx attempt to resolve the problemhearing. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Step 4 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdayssatisfactory settlement being reached in Step 3, the Union shall submit may refer the grievance dispute to Arbitration by giving notice in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature Board within five (5) days of the grievancenext regularly scheduled Union meeting or within 15 days, whichever comes first. 11.02 Replies to grievances shall be in writing at all stages. 11.03 Grievances settled satisfactorily within the time allowed shall date from the time of the incident. 11.04 The Board will supply the necessary accommodation for the Grievance Committee. 11.05 The time limits fixed in the Grievance Procedure may be extended by the consent of both Parties. 11.06 For the purpose of this Article and Article 12 - Arbitration Procedure, working days shall be those days that the Board Office is open to serve the public.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that When the time limits set forth in this article dispute cannot be settled by the informal dispute resolution procedure it shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In a grievance. A grievance is a dispute regarding the event that interpretation, application, operation, or alleged violation of this Agreement, or the employer misses dismissal or discipline of an employee covered by this Agreement. Should a time limit, grievance arise between the Employer and an employee covered by this Agreement the grievance shall will be advanced to the next step resolved in the grievance procedure.following manner: 7.1.3 (a) Step 1 - The time limits specified in employee and/or the Union representative shall present the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedelectronically, in writingperson, within thirty (30) consecutive working days of the event which led or by fax to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor Nurse Manager with a copy to the Labour Relations Officer within twenty-five (25) days after the date of the Supervisor’s response at the informal step as set out in Article 7.01. At the request of either party, the Nurse Manager shall arrange a meeting or teleconference to discuss the grievance. The employee shall have the right to have a xxxxxxx or Union representative present at such a discussion. The Nurse Manager shall give a decision in writing to the employee and the Union within ten (10) consecutive working days of the event which led to after the grievance in an xxxxxxx attempt to resolve the problemhas been filed. 7.5 The Union shall have (b) Step 2 - If the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdaysdispute is not settled at Step 1, the grievor and/or the Union representative shall submit the grievance in writing or electronically to the Assistant Superintendent - Business Services with a copy to Senior Manager or designate within ten (10) days of receipt by the Superintendent of Schools outlining: i. the nature Union of the Step 1 answer. At the request of either party, the Senior Manager or designate shall arrange a meeting or teleconference with the Union to discuss the grievance. The employee(s) shall have the right to have a xxxxxxx or Union representative present at such a meeting. The Senior (c) Step 3 - If the grievance remains unresolved at Step 2, the matter may be submitted to Arbitration within sixty (60) days of the date the Union receives the Employer’s response at Step 2. (d) In determining the time in which any step under the foregoing proceedings is to be taken, Saturdays, Sundays and recognized holidays shall be excluded. The time limits for the initial filing of grievances under Article (a) are mandatory. Other time limits established in this Article are directory.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. If the time limits set forth in this article matter is not resolved by informal discussion, it shall be mandatorysettled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance.) All written grievances shall contain the following (Step 1 grievances are not expected to be in writing and do not require detailing of the items listed below): a) name(s) of the grievant or grievants, exclusive of Saturdays, Sundays, and General Holidaysif applicable. 7.1.1 In b) a brief summary of the event that facts giving rise to the union misses a time limit, the grievance is deemed to be abandonedalleged violation. 7.1.2 In c) citation of the event that section or subsections of this Agreement alleged to have been violated. d) the employer misses a time limit, date of the alleged violation. e) the specific remedy requested. Any written grievance shall filed at Step Two or Three not in accordance with the above requirements may be advanced denied on the basis of improper filing and may be appealed to the next step Step in accordance with this procedure. The supervisor shall respond to the grievant with a copy of the response to the Xxxxxxx within fourteen (14) calendar days following the meeting. If the grievance procedure. 7.1.3 The time limits specified in remains unresolved, the grievance procedure Union may be extended for such time as mutually agreedsubmit it to Step Two. Within fourteen (14) calendar days of the meeting, the Xxxx or equivalent administrative officer shall provide a decision, in writing, to the grievant and the Union representative with a copy to the appropriate Human Resources Department. The parties are limited to two (2) representatives each, in addition to the grievant and the supervisor. An issue not raised by the Employer Union in the Step Three grievance shall not proceed to arbitration unless mutually agreed between the parties. The Union will make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days from the Union's request for arbitration the Union and the Union. 7.2 In order to provide for University shall select an orderly arbitrator from an agreed upon list of arbitrators. The University and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsmay mutually agree to an arbitrator outside their agreed upon list. The role If the parties are unable to agree on a list of arbitrators, then the xxxxxxx parties shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedselect, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working calendar days of the event which led Union's request for arbitration, an arbitrator from a panel provided by the Bureau of Mediation Services or the American Arbitration Association. The parties shall have ten (10) calendar days following receipt of the list to select an arbitrator in the grievance in an xxxxxxx attempt to resolve the problem. 7.5 following manner: The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve strike one name from the grievance during list, the discussion with University shall then strike one name, and the employee's supervisor, it process will be repeated and the remaining person shall be dealt with as follows: a. Within the arbitrator. The parties shall have ten (10) consecutive workdays, calendar days following the Union shall submit selection of the grievance in writing arbitrator to jointly notify the Assistant Superintendent - Business Services arbitrator of the parties’ selection with a copy to the Superintendent of Schools outlining: i. the nature of the grievancerequest for available hearing dates. The parties agree that arbitration hearings involving possible monetary liabilities shall be given first priority in scheduling.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 8.01 Differences or disputes arising between the time limits set forth in this article Region and the employee shall be mandatory, exclusive of Saturdays, Sundaysconsidered as grievances and shall be dealt with in the following manner, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance all grievances shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, submitted and answered in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify state the Article(s) in dispute, the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated affected employee(s) and the remedy or correction sought. While it is agreed by the parties that grievances should be settled as early as possible in the Employer is requested grievance procedure, the parties also recognize the importance of discussing issues before the need for a grievance arises. Step 1: An employee having a grievance shall present it to makehis Xxxxxxx in writing. If the Union Xxxxxxx considers the grievance to be justified, they shall jointly take the matter up within five (5) business days of the event giving rise to the grievance to the appropriate representative of management, who shall have five (5) business days in which to render a decision. Failing a satisfactory settlement, the second Step of the grievance procedure shall be invoked within five (5) business days of the management's answer at Step 1. Step 2: The grievance shall commence be submitted to the Department Head or his/her designate who shall meet with the grievor and who shall render a decision within five (5) business days. The grievor may be accompanied and represented at this Step by the Grievance Committee. Failing a satisfactory settlement, the third Step of the grievance procedure shall be invoked within five (5) business days of the management's answer at Step 2, Clause 7.6. 7.4 An employee who feels they have a Step 3: (i) The grievance shall notify be submitted to the UnionCommissioner of Corporate Services, who, along who will meet with the employee, will discuss it with grievor and the employee’s supervisor Grievance Committee within ten (10) consecutive working business days of the event which led to date of request for such meeting. The decision shall be given within seven (7) business days from the date of such meeting. Where the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve significant impact on the grievance during the discussion with the employee's supervisor, it shall be dealt with membership as follows: a. Within ten (10) consecutive workdaysa whole, the Union shall submit union may request that the grievance in writing to matter be heard directly by the Assistant Superintendent - Business Services with a copy to the Superintendent Commissioner of Schools outlining: i. the nature of the grievanceCorporate Services.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 8.01 The parties agree that the time limits set forth in this article Union Bargaining Committee shall consist of three members. The composition of said committee shall be mandatory, exclusive as follows: The President and Vice-President of Saturdays, Sundays, the Local Union and General Holidaysone other Executive Board Member. 7.1.1 In 8.02 The Union shall be permitted to appoint Stewards to a maximum number of one (1) for each twenty (20) employees in the event that Bargaining Unit. Adjustments to the union misses number of Stewards may be made once each three (3) months based on the number of employees appearing on the most recent seniority list. The Union must provide the Company with a time limit, complete list of appointed Stewards detailing the grievance area(s) each is deemed responsible to be abandonedrepresent and must keep the list up to date at all times. 7.1.2 In the event that the employer misses 8.03 Any employee with a time limit, the grievance or a union representative with a policy grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with his/her supervisor or appropriate management representative and give the employee’s supervisor supervisor/management representative twenty-four (24) hours (the 24 hours shall be extended to a maximum of 48 hours if requested by the supervisor), in which to adjust or reject the grievance. The employee or union representative shall do this within ten (10) consecutive working days of after the event which led alleged circumstances were known or ought to have been known. If the employee or union representative is not satisfied with the answer or he/she wishes to take the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve through the grievance during the discussion with the employee's supervisorprocedure, it shall be dealt with as follows: a. Step 1 The employee's Xxxxxxx or in his/her absence an alternate Xxxxxxx will first discuss the matter with the employee's supervisor and will give the supervisor 48 hours in which to adjust or reject the grievance. If the Xxxxxxx feels that the employee's presence is necessary to the resolution of the grievance, the employee may be present at this meeting. Step 2 Failing settlement at Step 1 then within five (5) working days from the Step 1 answer the grievance shall be reduced to writing, signed by the employee and Xxxxxxx, dated and presented by the President to the Warehouse Manager. The written grievance should state the relief desired in settlement of the grievance. (It is understood that the granting by the Company of the relief requested in the grievance, shall resolve the grievance.) The Warehouse Manager shall hold a meeting within five (5) working days of receiving the grievance, with the President, Vice President and Divisional Chairperson, where the grievance will be reviewed. Within five (5) working days of such meeting, the Warehouse Manager will provide the President with a written answer to the grievance. It is understood that at Step 2, the Company may bring in persons necessary to assist in settlement of the grievance and the Union may bring in appropriate Local and International Union officials who are necessary to settle the grievance. It is further understood that the time limits referred to herein exclude Saturday, Sunday and holidays. Extension of these time limits may be granted upon written request by either party. Step 3 Either party may, within thirty (30) full working days of the date of the Company's Step 2 answer, request that any difference as hereinbefore provided be submitted to arbitration, it shall make such request in writing addressed to the other party to this Agreement, and at the same time nominate an arbitrator. Within ten (10) consecutive workdays, full working days thereafter the other party shall nominate an arbitrator and notify the other party. The Company and the Union shall submit the grievance in writing attempt to the Assistant Superintendent - Business Services with select by agreement a copy to the Superintendent of Schools outlining: i. the nature chairperson of the arbitration board. If they are unable to agree on such a chairperson within a further period of three working days they will draw a name from the agreed upon list of arbitrators. The list will be kept current by an annual review by the parties. The parties may, by mutual agreement on a case by case basis, use a single arbitrator in lieu of the three person board provided herein. 8.04 No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.05 The arbitration board or single arbitrator shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance Procedure. 8.06 The proceedings of the arbitration board or single arbitrator will be expedited by the parties hereto, and the decision of the majority of such board or of the single arbitrator will be final and binding upon the parties thereto. 8.07 Each of the parties hereto will bear the expenses of the arbitrator appointed by it and the parties will jointly bear the expenses of the chairperson of the arbitration board. 8.08 Any and all time limits under this agreement may be extended by mutual agreement of the parties in writing. 8.09 In disciplinary cases, either party has the right to request the presence of the aggrieved employee at Step 2 of the Grievance Procedure. 8.10 If a seniority employee is discharged or suspended and he/she feels that he/she has been unjustly dealt with, he/she shall within five working days notify the Company and the Union in writing. It shall then constitute a grievance and shall be dealt with under the Grievance Procedure, starting at Step 2. If, subsequently, it is settled in favour of the employee, he/she shall be reinstated in his/her former position and shall be compensated for all time lost less pay for any penalty time decided upon, and less any pay he/she has received during the time he/she was off. Employees discharged or suspended shall have the privilege of discussing their position with the Xxxxxxx before leaving the facility. In the event that an employee is "suspended pending investigation" the Company will waive the five

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 A. In a mutual effort to provide harmonious working relationships between the parties to this Agreement, it is agreed to and understood by both parties that the following shall be the sole procedure for the resolution of grievances arising between the parties as to the interpretation of and application of the provisions of this Agreement. B. A "grievance" shall be defined as any dispute arising concerning the application or interpretation of this Agreement (including the rules referenced in Article 4). A class grievance (general grievance) shall be defined as any dispute which concerns two or more employees within the Bargaining Unit. Class grievances shall be filed at Step 2 of the grievance process below within seven (7) calendar days of the occurrence or knowledge giving rise to the alleged grievance. C. Grievances shall be processed in accordance with the following procedure: STEP 1: In the event that an employee believes there is a basis for a grievance the aggrieved employee shall first discuss the alleged grievance with his/her immediate supervisor within seven (7) calendar days of the occurrence or knowledge giving rise to the alleged grievance. STEP 2: If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the aggrieved employee and/or the Association may file a formal grievance on the form set forth in Appendix "B" signed by the aggrieved employee and/or a representative of the Association containing all known facts supporting the alleged grievance and specifying which part of this Agreement is alleged to be violated with his/her Division Director within seven (7) calendar days after the immediate supervisor's response is received or is due. The Division Director shall respond in writing to the employee with a copy to the Association within seven (7) calendar days. STEP 3: If the grievance has not been satisfactorily resolved in Step 2, the aggrieved employee and/or the Association may appeal the grievance by submitting a copy of the grievance on the grievance form contained in Appendix "B" to the appropriate Department Director within seven (7) calendar days after the Division Director's response is received or is due. The Department Director shall respond in writing to the employee with a copy to the Association within seven (7) calendar days. STEP 4: If the grievance has not been satisfactorily resolved in Step 3, the aggrieved employee and/or the Association may appeal the grievance by submitting a copy of the grievance on the grievance form contained in Appendix "B" to the County Administrator or designee within seven (7) calendar days after the Department Director's response is received or is due. The County Administrator or designee shall respond in writing to the employee with a copy to the Association within fourteen (14) calendar days. D. At any step in the grievance procedure, the individual charged with responding to the grievance, may elect to conduct a meeting to gather more information prior to responding to the grievance. Employees may have a representative present, if requested by the employee, at any step of the Grievance Procedure. An Association representative may be present at a meeting scheduled with a grievant to resolve a grievance. E. The time limits provided in this Article shall be strictly observed, unless extended by written agreement of the parties. Failure by the employee or the Association to observe the time limits for submission of a grievance at any step will automatically result in the grievance being considered abandoned. Failure by the County to respond to a grievance within the prescribed time limits will allow the aggrieved employee to advance the grievance to the next step. F. All responses required in Steps 2, 3, and 4 above shall be directed to the aggrieved employee with a copy furnished to the Association. In class grievances, the response will be directed to the Association. G. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of this Agreement. H. The parties agree that the time limits set forth settlement of any grievance by the parties prior to the rendition 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 this Agreement. I. Nothing in this article Article shall require the Association to process grievances for employees who are not members of the Association. J. The County's Civil Service grievance procedure shall not be mandatoryavailable to unit members for processing grievances arising under this Agreement. Further, exclusive grievances may be filed concerning subjects which apply to and only to the extent they apply to members of Saturdaysthe Bargaining Unit. X. A grieving employee may not partially accept and partially reject a disposition of his/her grievance. The employee must either accept or reject the disposition of his/her grievance, Sundaysin its entirety. Thus, for example, if an employee grieves a termination, and General Holidays. 7.1.1 In is ordered reinstated without back pay at one of the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in steps of the grievance procedure, he/she may not accept the reinstatement and continue to grieve the loss of back pay, his/her only choices would be to accept the disposition of his/her grievance, or remain discharged and pursue the grievance further. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for L. Employees serving an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union initial probationary period shall have the no right to originate grievances on behalf utilize this grievance/arbitration procedure for any matter concerning discharge or other discipline. Employees who have completed an initial probationary period and are serving a promotional probationary period shall have no right to utilize this grievance/arbitration procedure for any matter concerning the rejection of any employee who feels that she has a grievancetheir promotional probationary period. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 3 contracts

Samples: Labor Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. If the time limits set forth in this article matter is not resolved by informal discussion, it shall be mandatory, exclusive of Saturdays, Sundays, and General Holidayssettled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance. 7.1.1 In ) All written grievances shall contain the event that the union misses a time limit, the grievance is deemed following (Step 1 grievances are not expected to be abandoned.in writing and do not require detailing of the items listed below): 7.1.2 In a) name(s) of the event that grievant or grievants, if applicable; b) a brief summary of the employer misses a time limit, facts giving rise to the alleged violation; c) citation of the section or subsections of this Agreement; alleged to have been violated; d) the date of the alleged violation; e) the specific remedy requested. Any written grievance shall filed at Step Two or Three not in accordance with the above requirements may be advanced denied on the basis of improper filing and may be appealed to the next step Step in accordance with this procedure. The supervisor shall respond to the grievant with a copy of the response to the Xxxxxxx within fourteen (14) calendar days following the meeting. If the grievance procedure. 7.1.3 The time limits specified in remains unresolved, the grievance procedure Union may be extended for such time as mutually agreedsubmit it to Step Two. A representative of the appropriate Human Resources Department shall hold a meeting between the head of the unit, in writingthe grievant, by the Employer and the Union. 7.2 In order designated union representative on Employer paid time to provide for an orderly discuss and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it . This meeting shall be dealt with as follows: a. held within fourteen (14) calendar days of the receipt of the Step Two grievance. Within ten fourteen (1014) consecutive workdayscalendar days of the meeting, the Union head of the unit shall submit the grievance provide a decision in writing to the Assistant Superintendent - Business Services grievant and the union representative with a copy to the Superintendent of Schools outlining: i. appropriate Human Resources Department. The parties are limited to two (2) representatives each, in addition to the nature of grievant and the grievancesupervisor. If the grievant remains unresolved, the Union may submit it to Step Three as described below.

Appears in 3 contracts

Samples: Union Contract, Labor Contract, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 PREAMBLE: It is the desire of the parties to this Agreement that grievances be settled promptly. An employee who feels s/he has a grievance should first attempt to adjust it with a Supervisor. The parties agree that the time limits set forth in this article shall employee may be mandatory, exclusive of Saturdays, Sundays, and General Holidaysaccompanied by a Union representative. 7.1.1 In 13.01 For the event that the union misses a time limitpurpose of this Collective Agreement, the word grievance means all differences concerning the interpretation, application, administration, or alleged violation of the Collective Agreement. 13.02 Grievances under this Article may be initiated by any employee, or group of employees, who consider themselves aggrieved, or by the Union, provided such grievance is deemed filed within a period of sixty (60) days after the grievor would reasonably have knowledge of such grievance. 13.03 Grievances of a general or policy nature may be initiated by the Union at the appropriate higher level of this procedure depending on the nature and scope of such grievance. 13.04 Where no satisfactory settlement is obtained through the discussion with a supervisor, a grievance may be initiated by the Union in writing at Step I and subsequently appealed through the next steps if no satisfactory settlement is obtained. The grievance steps are: 13.04.01 Upon mutual consent by the Union and the Company, Step II grievances may proceed by way of a mediation process, with the cost to be abandonedshared by the Union and the Company equally. The Union and the Company may agree to empower the mediator to arbitrate the matter. 7.1.2 In 13.05 Where the event that the employer misses a time limitprocedures outlined in Article 13.04 have been exhausted, the grievance shall be advanced to Union may, except for those matters, which have been resolved through mediation/arbitration as outlined in 13.04.01, initiate the next step arbitration procedure in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling accordance with Article 15 within ninety (90) calendar days of grievances, the Employer acknowledges the rights and duties receipt of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation final Company decision of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she provided for in Article 13.01. 13.06 The following time limits shall suffer no loss of regular earnings. Policy Grievanceapply to all steps specified in Article 13.04: 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement 13.06.01 A hearing shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, held within thirty (30) consecutive working days of receipt by the event which led to the grievance and shall specify the nature Company of the grievance, the articles or clauses written notice of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it 13.06.02 All decisions shall be dealt with as follows: a. Within ten rendered within fifteen (1015) consecutive workdays, days of the Union hearing and shall submit the grievance be communicated in writing to the Assistant Superintendent - Business Services parties concerned including the Union: The grievor(s), the relevant Local President(s) and the Component President. 13.06.03 Failing a decision at step II of the grievance procedure within the time limits provided for under article 13.06.02, the grievance will be deemed to have succeeded without prejudice or precedent value. 13.06.04 Appeals must be lodged in writing within fifteen (15) days of receipt of any decision. 13.06.05 All appeals lodged in accordance with a copy Article 13.06.04 which have not been submitted for disposition under Step II of the grievance procedure within thirty (30) days after the expiration of the time limits provided for under Article 13.06.04 shall be considered null and void. 13.06.06 Time limits will be exclusive of Saturdays, Sundays and statutory holidays and may be extended by mutual agreement in writing. 13.06.07 Any decision not appealed within the relevant time limits shall be final and binding on the parties concerned. 13.07 All employee witnesses called by the Union shall be granted time off subject to the Superintendent of Schools outlining: i. the nature requirements of the service and shall be provided with space available transportation to and from the hearing. 13.08 Upon request, either party shall provide the other party with copies of all documents relative to the grievance.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 Section 1. Any bargaining unit member may bring a grievance. The parties agree that term "grievance" Section 2. Any grievance not filed or advanced within the time limits set forth in this article herein shall Section 3. Most grievances arise from misunderstanding which should be promptly Section 4. Any grievance which cannot be informally resolved shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays.processed only in 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned.A. STEP ONE 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards1. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee A bargaining unit member who feels believes they have a grievance shall notify will reduce their grievance to writing by completing in full the Union, who, along with the employee, will discuss it with the employee’s grievance form and presenting such grievance to their supervisor within ten (10) consecutive working days after the supervisor's answer in the informal process. The written grievance shall state the specific Article(s) and Section(s) of this Agreement or State law alleged to have been violated, a statement of the event which led relevant facts, and the specific relief requested. Any supervisor or other administrator designated to hear first level grievances will hold a meeting with the grievance grievant and a designated union representative within ten (10) working days following submission of the grievance. The grievant shall be given written notification of the time and date of the meeting at least one (1) day in an xxxxxxx attempt to resolve the problemadvance thereof. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. 2. Within ten (10) consecutive workdaysworking days after the first step meeting, the Union shall submit supervisor will answer the grievance in writing on the grievance form and return it to the Assistant Superintendent - Business Services bargaining unit member and the designated union representative. 3. If the bargaining unit member is not satisfied with a copy the answer, they may appeal said answer by returning the completed grievance form within ten (10) working days of receipt of the answer to the Superintendent of Schools outlining: i. the nature of the grievancedepartmental representative. The grievance shall, then proceed to Step Two.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree DCSS COMPANIES desire that the time limits set forth in this article unfairness to its employees shall be mandatory, exclusive of Saturdays, Sundays, not exist and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy all grievances shall be submittedsettled, whenever possible, with the immediate Supervisor involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any grievance that an employee or the Union may have with the DCSS COMPANIES with respect to wages, hours, or other conditions of employment shall be discussed by the employee with such employee's immediate Supervisor in writingan attempt to settle the matter. The Union Xxxxxxx may be present at the time of this initial discussion in keeping with the election of the employee. The immediate Supervisor shall have a verbal answer immediately, if possible, but in no event later than five (5) working days after the discussion. If the verbal answer does not settle the matter, then the employee and/or the Xxxxxxx may proceed with the matter as follows: Step 1: Any employee who believes he has a just grievance shall submit in writing the grievance to his immediate supervisor in an attempt to settle the same, within thirty seven (307) consecutive working days of the event which led time the employee has knowledge of, or has reason to have knowledge of, the occurrence in question. The employee’s manager shall discuss the grievance and the Union xxxxxxx will be present if requested by the employee. The manager shall specify respond in writing to the nature written grievance within seven (7) working days after such discussion. Step 2: If the grievance is not satisfactorily resolved in Step 1, it must be presented in writing to the Program Manager within five (5) working days of the receipt of the answer in Step 1 if the employee wishes to process the grievance further. Within five (5) working days of the receipt of the written grievance, the articles or clauses of Program Manager will render a decision in writing and present a copy to the collective agreement which are alleged to be violated and Union. Step 3: If the remedy or correction that the Employer grievance is requested to make. The grievance shall commence at not satisfactorily resolved in Step 2, Clause 7.6 7.4 An employee who feels they have a and if the Union desires to process the grievance shall notify further, the Union, who, along with Union must so advise the employee, will discuss it with the employee’s supervisor DCSS COMPANIES designated corporate official in writing via e-mail within ten (10) consecutive working days of such notice. The Union Business Representative and a DCSS COMPANIES representative shall meet within ten (10) days of the event which led to receipt of the grievance in an xxxxxxx notice from the Union and attempt to resolve the problem. 7.5 grievance. The Union shall have DCSS COMPANIES will render a decision and record the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within answer in writing within ten (10) consecutive workdayscalendar days from the date of such meeting with the Union Business Representative by communicating its answer in writing via email to the Union Business Representative. The DCSS COMPANIES grievances will be processed commencing at Step 3 with the DCSS COMPANIES sending the Union a copy of the grievance within ten (10) days of the incident. The Union shall give its answer to the DCSS COMPANIES in writing, via e-mail, within ten (10) days of receipt of the DCSS COMPANIES’ Grievance and, thereafter, if the DCSS COMPANIES wish to proceed to arbitration, the parties will follow the procedures specified in Section 5. Section 5. Arbitration a) In the event either the DCSS COMPANIES or the Union shall desires to process a grievance to arbitration, it must do so within twenty (20) days after receiving the answer of the other party, as required by Step 3 of the Grievance Procedure, by notifying the other party in writing, via e-mail, of its desire to submit the grievance to arbitration. Thereafter, the parties shall attempt to select an arbitrator to hear and decide the grievance, but if they are unable to do so within twenty (20) days after receiving notice of intent to arbitrate, the party processing the grievance shall notify the Federal Mediation and Conciliation Service and the Arbitrator shall be chosen in writing to accordance with the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature then applicable Arbitration Rules of the grievanceFederal Mediation and Conciliation Service. b) The Arbitrator shall only have the power to apply the specific provisions of this Agreement the party claims have been violated and shall have no power to add to, subtract from, amend or otherwise modify the terms of this Agreement. The fees and expenses of the Arbitrator and the cost of the rental of the room for the arbitration shall be borne equally by both parties. The party incurring other expenses shall pay all other expenses. The decision of the Arbitrator shall be final and binding upon all parties. c) By prior mutual written agreement, the time limits specified above may be extended. d) The DCSS COMPANIES shall honor reasonable requests from the Union to release employees from work to testify as witnesses so long as it does not disrupt the schedule of testing, the party ordering testimony shall pay for cost of lost wages. If a stenographic record is made, either party may order a transcript thereof and the party ordering it shall pay for the full cost.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 ‌ 8.01 The parties agree purpose of this Article is to provide an orderly procedure for the resolution and disposition of grievances. 8.02 A grievance is an allegation by an employee, the Union, or the Company that one party has violated this Agreement or by an employee who has completed the time limits set forth in this article probationary period that he has been unjustly disciplined or discharged. An alleged violation of the Employment Standards Act may also be the subject of a grievance. 8.03 Step 1 (a) An employee initiates a grievance by verbally notifying his Supervisor that he has a grievance and then providing the Supervisor with the details and circumstances of the matter, along with the remedy sought. Such an employee may request the presence of an available xxxxxxx at the meeting. (b) This must occur within five (5) working days of the incident giving rise to the grievance. The Supervisor must respond verbally to the grievance within five (5) working days after hearing the grievance. (c) If the employee is satisfied with the Supervisor's response, the matter is concluded and neither the grievance nor the response shall be mandatory, exclusive of Saturdays, Sundays, and General Holidaysbinding or used as a precedent by the Company or the Union. 7.1.1 In the event that the union misses a time limit(a) Failing satisfactory settlement at Step 1, the grievance is deemed may be reduced to be abandonedwriting within five (5) working days of the response in Step 1 and submitted to the Site Manager. Upon receipt of such grievance the Site Manager shall issue a written response within five (5) working days. 7.1.2 In the event that the employer misses a time limit(a) Failing satisfactory settlement at Step 2, the grievance shall be advanced submitted to the next step in Company head office and a meeting to discuss the grievance procedureshall be arranged between the grievor, Xxxxxxx, Union Business Agent and Employer Representatives at a mutually agreed-to time and date. 7.1.3 The time limits specified in the grievance procedure may (b) A formal response will be extended for such time as mutually agreed, in writing, issued by the Employer and to the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, 's Business Agent within thirty five (305) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problemabove noted meeting. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree 21.1. A professional staff member who believes that they/their is aggrieved by a violation of the Agreement shall discuss the matter with they/their immediate supervisor within thirty (30) school days of the time limits set forth the employee should reasonably have known that they/their may be aggrieved. The immediate supervisor shall render a decision within fourteen (14) calendar days. 21.2. If the grievance is not settled to the satisfaction of the employee, they/their may present the grievance to the principal in this article writing within fourteen (14) calendar days, after the decision of the immediate supervisor is due. Such grievance shall be mandatorysubmitted on a form (see Appendix B) reciting, exclusive at a minimum, the nature of Saturdaysthe violation alleged, Sundaysthe article or articles of the agreement alleged to have been violated, and General Holidaysthe remedy sought, and providing spaces to reflect subsequent steps in the grievance process. 7.1.1 21.3. In the event that case of a written grievance, within fourteen (14) calendar days of the union misses receipt of the statement, the principal shall review the appeal, discuss the matter with the grievant and the immediate supervisor and render a time limitwritten decision. 21.4. If the grievance is not settled to the satisfaction of the employee, the grievance may be appealed in writing to the Superintendent within fourteen (14) calendar days after the principal’s decision is deemed to be abandoneddue. 7.1.2 In 21.5. The Superintendent shall meet with the event that employee, and if the employer misses employee so chooses, a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties representative of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writingAssociation, within thirty (30) consecutive working calendar days after receipt of the event which led written grievance. The Superintendent shall provide they/their decision in writing to the grievance and shall specify employee within fourteen (14) calendar days after the nature conclusion of the grievancemeeting. 21.6. Any time interval specified herein may be extended by mutual agreement. If the answer at any step is not provided within the specified time limits, the articles or clauses of grievance shall be deemed denied on the collective agreement which are alleged day the decision was due and the grievance shall be qualified to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led carried to the next higher level. If an individual’s grievance in an xxxxxxx attempt to resolve is once settled or if it is not presented within the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisortime limits specified herein, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union considered closed and shall submit not thereafter be subject to the grievance procedure or to arbitration hereunder. 21.7. If the grievant is dissatisfied with the Superintendent’s decision, they/their may file an appeal with the School Committee within fourteen (14) calendar days following receipt of the Superintendent’s decision. The School Committee at its sole discretion will determine whether or not to hear the appeal. The School Committee shall provide to the grievant in writing its determination whether or not to hear the appeal and, if determining to hear the appeal, shall provide to the Assistant Superintendent - Business Services with grievant in writing its decision concerning the appeal. 21.8. Either the Association or the School District may determine to process individual grievances that address the same issue arising from the same basic facts as a copy to the Superintendent of Schools outlining: i. the nature of the group grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 5.01 The Union shall notify the Corporation in writing of the name of the xxxxxxx and of any change in the xxxxxxx before the Corporation shall recognize them. 5.02 The parties agree to this agreement are agreed that it is of the time limits set forth utmost importance to adjust complaints and grievances as quickly as possible. It is understood that an employee has no grievance until they have first given their immediate supervisor an opportunity to adjust their complaint, other than in exceptional circumstances, when it may go to Step I (Below) directly. 5.03 Any difference of opinion regarding the interpretation, application, or administration of the terms of this article agreement, or any allegation that an employee has been subjected to unfair treatment, shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses considered a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in fit matter for the grievance procedure. 7.1.3 The time limits specified . Grievances shall be in writing for Step 2 and Step 3 and must cite the grievance procedure may be extended for such time as mutually agreedgrievous act or, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties specific provision(s) of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be agreement, which is claimed to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be have been violated and the remedy or correction that the Employer is requested to makeredress sought. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor Grievances must be filed within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it alleged violation and shall be dealt with as followsin the following manner: a. Within ten Step 1 A xxxxxxx shall first take the matter up with the supervisor; the supervisor shall respond within two (102) consecutive workdaysworking days, failing settlement at this stage, the Union employee may immediately proceed to Step (2) within an additional two (2) working days. Step 2 A xxxxxxx shall submit take the grievance in writing to matter up with the Assistant Superintendent - Business Services with a copy to Operations Manager; the Superintendent of Schools outlining: i. Operations Manager shall respond within two (2) working days, failing settlement at this stage, the nature employee may invoke Step 3 within an additional two (2) days. Step 3 A xxxxxxx and/or representative of the grievanceUnion, may take the matter up with the General Manager; the General Manager shall respond within (14) working days, failing settlement at this stage, the matter may then be referred at any time within an additional fourteen (14) working days to arbitration’s as set out in Article 6. The xxxxxxx may require the grieving member to provide resource during a grievance meeting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the Section 1. A grievance shall be advanced to any disagreement or dispute which arises concerning the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreedapplication, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling meaning or interpretation of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsthis Agreement. The role of the xxxxxxx written grievance shall be to assist with filed using the preparation and presentation of a grievance commencing with clause 7.3 belowprocedure in Section 2. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy Overtime grievances shall be submittedsubmitted directly to the Human Resource Manager. Section 2. Any employee, with notice to the Union, or the Union on the employee's behalf may file a grievance at Step 1 in writingwriting with his/her immediate supervisor, with a copy to the HR Manager within thirty (30) consecutive working calendar days of the event which led alleged action or that date the employee or the Union knew or should have known of the alleged action. The parties agree it is in their mutual interest to resolve problems at the lowest level possible and, therefore will communicate openly at all steps of the process either by phone conversation or meeting. Grievances shall not be frivolous and shall be submitted on the AFSCME Grievance Form and shall contain the articles alleged to have been violated, the specific reasons why the employee feels the articles were violated, and the specific remedy(s) requested. Any grievance that does not fulfill these standards may be found invalid by an arbitrator. a. The Union or the immediate supervisor may request a meeting with the other party to discuss the grievance. The supervisor, grievant or xxxxxxx shall not be required to meet during non-work hours, however, the parties understand that schedules may preclude such meeting unless someone volunteers to attend on non-duty time. If a meeting is held the immediate supervisor's detailed response will be reduced to writing within fifteen (15) calendar days from the date of receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager. b. If no meeting occurs in accordance with (a) above, the immediate supervisor shall give a detailed response in writing within seven (7) calendar days from the date of receipt of the grievance. A copy will be sent to the Union and the HR Manager. Step 2. If the grievance is not resolved at Step 1, it may be appealed to the Program Administrator within fifteen (15) calendar days after the supervisor's response was due. a. The Union or Program Administrator may request a meeting with the other party to discuss the grievance. The Program Administrator, Union xxxxxxx or grievant shall not be required to meet during non-duty hours, however, the parties understand that schedules may preclude such a meeting unless someone volunteers to attend on non-duty time. If a meeting is held the Program Administrator's detailed response will be reduced to writing within fifteen (15) calendar days from the date of receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager. b. If the Program Administrator does not wish to meet in accordance with (a) above, he/she shall respond in writing to the grievance and shall specify within seven (7) calendar days from the nature date of receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager. Step 3. If the grievance remains unresolved at Step 2, it may be appealed to the HR Manager or his/her designee within fifteen (15) calendar days after the response at Step 2 is due. The HR Manager or his/her designee shall respond by either arranging a meeting or responding with a written decision within fifteen (15) days. If a meeting is held the HR Manager or his/her designee shall respond to the employee or Union within fifteen (15) days from the date of the meeting. Step 4. If the grievance remains unresolved at Step 3, the Union may appeal to the Department of Administrative Services within fifteen (15) calendar days following the receipt of the response at Step 3. The Department of Administrative Services shall respond within fifteen (15) calendar days after receipt of the grievance. Section 3. Time limits may be extended by agreement of the parties confirmed in writing. Section 4. The Union or the grievant shall not expand upon the original elements and substance of the written grievance. Prior to Step 3 of the Grievance Procedure, the Union or the employee may however, modify for the purpose of clarity, the articles or clauses of the collective agreement which are alleged to be cited as being violated and the remedy or correction that requested prior to filing at Step 3 of the Grievance Procedure. Improper expansions may, however, be the basis for an arbitrator to find a grievance invalid if the Employer is requested to makehas identified the problem by the Step 4 response. The grievance shall commence All so called "group" grievances must be specific at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days initial step of the event which led to grievance procedure and must detail the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdaysarticles violated, the Union shall submit employees affected and the reasons for both. Issues of vagueness and/or overbreadth remaining at the time of arbitration may be the basis for an arbitrator to find a group grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceinvalid.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that to resolve any grievance between them in accordance with the time limits set forth in this article following procedure. 8.01 A grievance shall be mandatorydefined as any difference arising out of the interpretation, exclusive application, administration or alleged violation of Saturdaysthis Collective Agreement, Sundays, and General Holidaysincluding any question as to whether a matter is arbitrable. 7.1.1 In 8.02 All complaints and grievances shall be taken up in the event that following manner: Step 1 An employee having a question, complaint or grievance shall first discuss the union misses matter with her immediate supervisor. At either the employee’s, or the supervisor’s request, a time limit, Xxxxxxx will attend. The employee should raise the grievance is deemed matter with the supervisor within seven (7) calendar days of the matter arising. If she fails to be abandoned. 7.1.2 In the event that the employer misses a time limitdo so, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsdeemed abandoned. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature supervisor will reply as soon as practical, but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writingregardless, within thirty seven (307) consecutive working calendar days of the event which led meeting. The question, complaint or grievance, and the reply shall be verbal, and are without prejudice to either party’s position. Step 2 If the reply does not resolve the issue, the matter may be reduced to writing, and submitted to the Manager. It must be submitted within seven (7) consecutive calendar days following the day on which the reply was made. If she fails to do so, the grievance shall be deemed abandoned. The Manager will arrange a meeting, and the meeting will occur within seven (7) calendar days of receipt of the grievance, except where the parties agree to a longer period of time. The employee, the xxxxxxx or chief xxxxxxx, and/or the Union Representative (if requested by the employee), the supervisor, and the Manager will attend this meeting. The grievance shall specify be accompanied by a written statement which clearly sets forth the nature of the grievance, the articles parties involved, the clause or clauses of the collective agreement which are alleged said to be violated in violation, and the remedy or correction that the Employer is requested to makeremedies sought. All of this information shall be set out in clear and concise terms. The grievance shall commence at Step 2Manager will reply, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Unionin writing, whoas soon as practical, along with the employeebut regardless, will discuss it with the employee’s supervisor within ten fourteen (1014) consecutive working calendar days of the event which led meeting, except where the parties agree to a longer period of time. Failing resolution, the grievance in an xxxxxxx attempt may be withdrawn, or referred to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 arbitration. Failing to resolve either, the grievance during the discussion with the employee's supervisor, it shall may be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceconsidered abandoned.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The 2.1 Realizing that there should be an organized procedure to facilitate the resolution of grievances, the Board and the Council hereby establish an agreement to set forth the approved steps. 2.1.1 A determined effort shall be made to settle grievances at the lowest possible level in the established procedure. There shall be no suspension of services or interference with the operations of the school system during the time which is necessary to get a resolution of the problem causing the grievance. Meetings or discussions involving grievances shall not interfere with teaching duties or classroom instruction. Both parties agree that the grievance proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure. 2.1.2 For the purpose of this Agreement, a grievance is defined as a claim by a grievant (an employee or employees or the PFA/Council based upon the violation, interpretation, or application of this Agreement. 2.1.3 Grievances will be processed in the following manner and within the stated time limits. The time limits set forth in this article stated herein shall be mandatoryinterpreted to mean “school days” (excluding weekend days, exclusive of Saturdaysholidays, Sundays, and General Holidays. 7.1.1 or unpaid days during the work year). In the event a grievance is filed on or after May 1, the time limits may consist of calendar days or other mutually-acceptable limitations so that the union misses a matter may be resolved before the close of the school year, or as soon as possible thereafter. Extensions of time limit, the grievance is deemed to limits must be abandonedconfirmed in writing. 7.1.2 In 2.1.4 For employees who meet the event that definition of “teacher” under the employer misses provisions of ORS 342.815(9) and pursuant to ORS 342.895(5), a time limit, the grievance moratorium shall be advanced to the next step in the placed on grievance proceduretimelines while an employee is on a program of assistance. 7.1.3 The time limits specified 2.1.4.1 No grievance or other claim of violation of applicable evaluation procedures or fundamental unfairness in the grievance procedure may a program of assistance for improvement shall be extended for such time as mutually agreed, in writing, by the Employer and the Unionfiled while a teacher is on a program of assistance. 7.2 In order to provide for an orderly and speedy process for 2.1.4.2 This moratorium shall end when the settling plan of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsassistance is completed. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedemployee/Council will, in writingthen, within have thirty (30) consecutive working days of the event which led workdays to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged file/continue grievances that were subject to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problemmoratorium. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 23.1 The parties agree that Employer shall recognize the time limits set forth Xxxxxxx selected in this article accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall be mandatory, exclusive notify the Employer in writing of Saturdays, Sundays, the name of the Xxxxxxx and General Holidaysof his/her successor when so named. 7.1.1 In the event that the union misses a time limit, the grievance 23.2 It is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, recognized and accepted by the Employer and the Union. 7.2 In order to provide for an orderly Union that the processing of grievances as hereinafter provided is limited by the job duties and speedy process for the settling of grievances, the Employer acknowledges the rights and duties responsibilities of the Union Grievance Committee employees and Stewards. The role of the xxxxxxx shall therefore be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance accomplished during working hours she only when consistent with such employee duties and responsibilities. The Xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Xxxxxxx and the employee have notified and received the approval of regular earnings. Policy Grievancetheir supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 7.3 Grievances 23.3 The procedure established by this article shall be the sole and exclusive procedure for the processing of grievances, which are not defined as an alleged violation of the terms and conditions of this Agreement. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an individual nature but are generally applicable alleged violation of this Agreement, the employee involved shall attempt to employees covered resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee’s satisfaction by the scope of this Agreement shall informal discussion it may be reduced to writing and referred to as a policy grievanceStep 2 by the Union. Policy grievances The written grievance shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify set forth the nature of the grievance, the articles or clauses facts on which it is based, the alleged section(s) of the collective agreement which are alleged to be violated Agreement violated, and the remedy or correction that relief requested. Any alleged violation of the Employer is requested Agreement not reduced to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify writing by the Union, who, along with the employee, will discuss it with the employee’s supervisor Union within ten seven (107) consecutive working calendar days of the first occurrence of the event which led giving rise to the grievance in an xxxxxxx or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Xxxxxxx and attempt to resolve the problem. 7.5 grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Assistant Superintendent - Employer’s written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Services with a copy Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Superintendent of Schools outlining: i. Union stating the nature Employer’s answer concerning the grievance. If, as a result of the grievancewritten response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived.

Appears in 2 contracts

Samples: Maintenance Labor Agreement, Maintenance Labor Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 14.01 In order to provide for an orderly and speedy process procedure for the settling of grievances, the Employer Division acknowledges that the rights Xxxxxxx may assist any employee whom the Xxxxxxx represents, in preparing and duties presenting the employee's grievance in accordance with the grievance procedure. 14.02 The Union shall notify the Division in writing of the name of the Xxxxxxx. 14.03 The Division may, upon the request of the Union Grievance Committee Xxxxxxx and Stewards. The role after approval of the xxxxxxx supervisor, allow the Xxxxxxx time to investigate or process an alleged grievance during the Xxxxxxx'x regular working hours. Such permission shall not be unreasonably withheld. 14.04 A grievance shall be defined as any difference arising out of the interpretation, application, administration, or alleged violation of this Collective Agreement. 14.05 Grievances must be processed in the following manner. Step 1 An employee(s) wishing to assist submit a grievance, will submit the grievance to the Xxxxxxx. At each step of the Grievance procedure the griever shall have the right to be present. Step 2 The Xxxxxxx will first seek to settle the dispute with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor employees' Supervisor within ten (10) consecutive working days after the cause of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within occurs or within ten (10) consecutive workdaysworking days from the date on which the griever becomes aware of the alleged violation. The Supervisor concerned shall reply within three (3) working days. Step 3 If the reply of the employees' Supervisor is not satisfactory the grievance may, within five (5) working days, be referred to the Chief Superintendent and/or designate within fifteen (15) working days after a grievance has been referred, the Chief Superintendent will give a written reply to the grievance. Within fifteen (15) working days after a grievance has been referred, the Chief Superintendent will give a written reply to the grievance. Step 4 Failing a satisfactory settlement being reached in Step 3 the Union may within a further 15 (fifteen) days refer the dispute to arbitration. 14.06 Where a recommendation is being made to terminate the employment of an employee, the employee may appear before the Board, in accordance with the Division's Discipline Policy before the Board renders a decision. 14.07 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, Step 1 of this Article may be bypassed. 14.08 After a grievance has been submitted in writing, the Division or its representatives shall submit not attempt to settle the grievance either directly or indirectly with the aggrieved employee without the consent of the Union. 14.09 Should the Division have a misunderstanding, complaint or dispute under this Agreement against the Union, then the Division shall advise the Union of the misunderstanding, complaint or dispute and the parties hereto shall discuss and endeavour to settle the matter within ten (10) days from the time the misunderstanding, complaint or dispute was conveyed to the Union. If such misunderstanding, complaint or dispute is not settled to the mutual satisfaction of the parties, it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee, as provided in Article 15 of this Agreement. 14.10 All grievances shall be submitted in writing and replies to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancegrievances shall be in writing at all stages.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 7.1 Union may file a grievance concerning the interpretation of any provision, including the prevailing rights, of this Agreement and/or disciplinary action taken against an Employee when a question of just cause exists. All grievances shall be processed through the Union. All references to submitting the grievances in writing shall include through the City’s e- mail system. Removal, demotion, and discharge shall be subject to the grievance procedure or subject to the jurisdiction of the City Council as provided in Article 11 of the Charter of the City of Tulsa as the member shall elect, except for new hires as provided in Article 1, Section 1.2. The parties agree member's election of remedies shall be binding and irrevocable. Grievances under this Agreement shall be processed in accordance with the following: Step 1. The grievance shall be submitted in writing to the Fire Chief or his designee. By virtue of the supervisory capacity in which they serve, Employees holding the rank of District Chief and above may be required to investigate and provide necessary input and recommendations to the Fire Chief in his/her deliberation of first step grievances. The Fire Chief shall submit his/her answer to the Employee in writing, with a copy to be forwarded to the Union within ten (10) calendar days after receipt of the grievance. Step 2. If the grievance remains unresolved, it may be submitted to the Human Resources Director of the City in writing within ten (10) calendar days of receipt of the written answer from the Fire Chief. Within ten (10) calendar days after receipt of the grievance, the Human Resources Director or his/her designee and appropriate supervisory representatives of the Fire Department shall meet with three (3) members of Union Grievance Committee in an attempt to resolve the grievance. The Human Resources Director or his/her designee shall submit Xxxxxxxx's answer in writing to the Grievance Committee within ten (10) calendar days after such meeting. Section 7.2 If the grievance is unresolved after receipt of Employer's answer in Step 2, Union may request in writing within ten (10) calendar days that the grievance be submitted to impartial arbitration. Prior to arbitration, the parties may mutually agree to utilize mediation to attempt to resolve the grievance. Section 7.3 No matter shall be entertained as a grievance hereunder unless it is raised as such within twenty (20) calendar days after the occurrence of the event or after the Employee becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Section 7.4 All time limits set forth in this article Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he/she shall be mandatoryhave no further right to continue the grievance. Likewise, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In failure to respond to a grievance by the event that appropriate Employer agent within the union misses a prescribed time limit, limits shall allow Union or grieving member to automatically move the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedurestep. 7.1.3 Section 7.5 Within ten (10) calendar days from receipt of the request for arbitration, the parties shall jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service, unless the parties can mutually agree upon an arbitrator to hear the dispute. The parties agree to alternate, on a per case basis, the cost of requesting a panel. Section 7.6 Within ten (10) calendar days from receipt of such panel, a representative of Union and Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. Employer shall strike the list first in even years, Union shall strike the list first in odd years. Section 7.7 Within ten (10) calendar days the Federal Mediation and Conciliation Service and the arbitrator selected shall be notified. Prior to the docketing of the arbitration hearing, the City and the Union agree to meet, at the request of either party, in an attempt to reach a settlement of the grievance. The date for the arbitration hearing shall be determined within twenty (20) calendar days from the date of the settlement discussion. Section 7.8 The parties may mutually agree, or the arbitrator may allow briefs upon an oral motion of one party and the arbitrator determines that written briefs would be important to the disposition of the case. Section 7.9 With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decisions, findings, and recommendations of the arbitrator shall be final and binding on the parties to this Agreement; however, the authority and responsibility of Employer as provided by the Charter of the City of Tulsa shall not be usurped in any manner unless specifically amended or modified by this Agreement. Section 7.10 The arbitrator's authority is strictly limited to the interpretation and application of the terms of this Agreement. The arbitrator shall have no jurisdiction to establish a new agreement or any variation or modification of the present Agreement, nor to arbitrate away, in whole or part, any provision of this Agreement or any supplements thereto or amendments thereof; nor shall any wage structures or structure of job classifications covered by this Agreement be subject to arbitration. This shall not preclude individual wage grievances. Section 7.11 It is specifically and expressly understood that taking an appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing party and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other forum. This Section shall not apply to the judicial enforcement of an arbitration award. Section 7.12 The cost and expenses incurred by the impartial arbitrators shall be shared equally by Union and Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 7.13 Two (2) representatives from Union and the grieving Employee may be present at the arbitration hearing without loss of pay for time limits specified spent in arbitration if the hearing is scheduled during the Employee's normal work period. Section 7.14 All issues in a particular arbitration, including issues relating to arbitrability, shall be heard in a single hearing. If additional information becomes available that could affect the second step decision, the parties agree to meet and discuss such information prior to arbitration. Section 7.15 When an Employee receives written notification of disciplinary action that would result in a monetary loss to the Employee, or the Employee elects the grievance procedure may be extended for such time as mutually agreedin the instances of removal, in writingdemotion or discharge, by the Employer Employee or Union shall have twenty (20) calendar days to grieve the action and the Union. 7.2 In order to provide for an orderly and speedy process for the settling grievance will be filed at Step 2 of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsthis procedure. The role of the xxxxxxx Human Resources Director or his/her designee shall be to assist with the preparation and presentation of conduct a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to hearing as a policy grievance. Policy grievances shall be submitted, set forth in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor 2 within ten (10) consecutive working calendar days of the event which led to receipt of the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union and shall have the right to originate grievances on behalf of any employee who feels that she has issue a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within written answer within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature calendar days of the grievancehearing.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 7.01 When an employee or group of employees has a dispute involving the interpretation, application or an alleged violation of the agreement, the employee(s) and the employee's supervisor(s) will discuss the dispute and attempt to resolve it. At the employee's option, a xxxxxxx will be present during the discussion. Failing a satisfactory resolution, the dispute may be submitted in writing to step one of the grievance procedure, provided that no more than 3 weeks has elapsed since the date the employee became aware of the incident which gave rise to the grievance or 2 weeks since the employee discussed it with his supervisor. 7.02 A first step meeting shall be scheduled within 2 weeks of the date the grievance is submitted. This meeting shall be attended by the employee and the chief xxxxxxx or his delegate. The parties agree that Company will be represented by the appropriate superintendent and/or his delegate and the supervisor. The Company will provide a written answer within 1 week of the meeting. Failing a satisfactory resolution at step one, the grievance may be advanced to step two, provided the Union notifies the Company in writing within 2 weeks of the first step answer. 7.03 A second step meeting shall be scheduled within 2 weeks of the notification and will be attended by the grievance committee and the local representative or his delegate. The Company shall be represented by the Plant Manager or his delegate and such other Company officials as may be appropriate. The Company will reply in writing within 1 week of the second step meeting. 7.04 Failing a satisfactory resolution at step two, the grievance may be advanced to arbitration, provided the Union notifies the Company in writing within 2 weeks of the second step answer. 7.05 The time limits set forth in this article shall described above may be mandatory, exclusive extended at any time by mutual agreement of Saturdays, Sundays, and General Holidaysthe parties. 7.1.1 7.06 At all steps of the grievance and arbitration procedure, the grievor and the Union shall disclose to the Company a full and detailed statement of the facts, the remedy sought and the provision(s) of the agreement relied upon. In a similar fashion, the Company shall disclose all pertinent facts upon which it relies. In the event that additional facts become available, they will be revealed to the union misses other party in a time limit, the timely fashion. 7.07 A policy grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses defined as a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges dispute which affects the rights and duties of the Union Grievance Committee and Stewards. The role of parties to this agreement as entities rather than the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not rights of an individual nature but are generally applicable to employees covered by the scope employee or group of this Agreement shall be referred to as a policy grievanceemployees. Policy grievances shall be submittedinitiated at step two. 7.08 It is understood and agreed that no precedent shall be set as the result of a dispute or grievance which is settled short of arbitration unless both parties expressly agree, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to makesettlement shall constitute a precedent. The grievance Neither party shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have utilize the settlement of a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the dispute or grievance in an xxxxxxx attempt effort to resolve maintain a practice or to initiate the problemsame or similar practice in another location. 7.5 The Union 7.09 No employee or employee representative shall have leave his work for any of the right purposes mentioned in this Agreement without a request to originate grievances on behalf and permission from his supervisor. 7.10 A copy of any written notice of discipline issued to an employee who feels that she has a grievancewill be forwarded to the Local Union Chief Xxxxxxx. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it 7.11 A disciplinary warning shall not be dealt with used as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature part of the grievanceprogressive discipline process if a period of 12 months has elapsed without any new infraction resulting in disciplinary action. 7.12 The record of suspension shall not be used as part of the progressive discipline process if a period of 24 months had elapsed without any new infraction resulting in a disciplinary action.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. If the time limits set forth in this article matter is not resolved by informal discussion, it shall be mandatorysettled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance.) All written grievances shall contain the following (Step 1 grievances are not expected to be in writing and do not require detailing of the items listed below): a) name(s) of the grievant or grievants, exclusive of Saturdays, Sundays, and General Holidaysif applicable. 7.1.1 In b) a brief summary of the event that facts giving rise to the union misses a time limit, the grievance is deemed to be abandonedalleged violation. 7.1.2 In c) citation of the event that section or subsections of this Agreement alleged to have been violated. d) the employer misses a time limit, date of the alleged violation. e) the specific remedy requested. Any written grievance shall filed at Step Two or Three not in accordance with the above requirements may be advanced denied on the basis of improper filing and may be appealed to the next step Step in accordance with this procedure. The supervisor shall respond to the grievant with a copy of the response to the Xxxxxxx within fourteen (14) calendar days following the meeting. If the grievance procedure. 7.1.3 remains unresolved, the Union may submit it to Step Two. paid time to discuss and attempt to resolve the grievance. This meeting shall be held within fourteen (14) calendar days of the receipt of the Step Two grievance. Within fourteen (14) calendar days of the meeting, the head of the unit shall provide a decision in writing to the grievant and the union representative with a copy to the appropriate Human Resources Department. The time limits specified parties are limited to two (2) representatives each, in addition to the grievant and the supervisor. If the grievance procedure remains unresolved, the Union may be extended for such time submit it to Step Three as mutually agreeddescribed below. Within fourteen (14) calendar days of the meeting, the Xxxx or equivalent administrative officer shall provide a decision, in writing, to the grievant and the Union representative with a copy to the appropriate Human Resources Department. The parties are limited to two (2) representatives each, in addition to the grievant and the supervisor. An issue not raised by the Employer Union in the Step Three grievance shall not proceed to arbitration unless mutually agreed between the parties. The Union will make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days from the Union's request for arbitration the Union and the Union. 7.2 In order to provide for University shall select an orderly arbitrator from an agreed upon list of arbitrators. The University and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsmay mutually agree to an arbitrator outside their agreed upon list. The role If the parties are unable to agree on a list of arbitrators, then the xxxxxxx parties shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedselect, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working calendar days of the event which led Union's request for arbitration, an arbitrator from a panel provided by the Bureau of Mediation Services or the American Arbitration Association. The parties shall have ten (10) calendar days following receipt of the list to select an arbitrator in the grievance in an xxxxxxx attempt to resolve the problem. 7.5 following manner: The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve strike one name from the grievance during list, the discussion with University shall then strike one name, and the employee's supervisor, it process will be repeated and the remaining person shall be dealt with as follows: a. Within the arbitrator. The parties shall have ten (10) consecutive workdays, calendar days following the Union shall submit selection of the grievance in writing arbitrator to jointly notify the Assistant Superintendent - Business Services arbitrator of the parties’ selection with a copy to the Superintendent of Schools outlining: i. the nature of the grievancerequest for available hearing dates. The parties agree that arbitration hearings involving possible monetary liabilities shall be given first priority in scheduling.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 Section 8.1. The Union and Employer are in agreement to develop a Labor/Management Committee to further enhance communication between the parties. Specific training through SERB may continue to be sought to develop/sustain this committee. It is the intent of the parties agree that the time limits set forth in this article Labor/Management Committee will meet at least quarterly. The Labor/Management Committee shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step have no formal role in the grievance procedure. 7.1.3 The time limits specified in process. However, should a difference arise between the grievance procedure may be extended for such time as mutually agreed, in writing, by Union and/or its members and the Employer and during the Union. 7.2 In order life of this agreement as to provide for the applicability or interpretation of this agreement, rights or obligations under any of its provisions, or the disciplining of any regular employee covered by this agreement, an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx effort shall be made to assist with settle such difference immediately, as follows: An informal meeting will be held between the preparation employee and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, immediate supervisor/coordinator within thirty three (303) consecutive working days of the event which led event. The only exception to holding the grievance and informal meeting shall specify the nature of the grievance, the articles or clauses be issues pursuant to Section 7.8 of the collective bargaining agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make(CBA). The grievance shall commence at Step 2employee has the option to have his/her xxxxxxx present during this informal meeting. In the event this informal meeting fails to successfully resolve the difference, Clause 7.6 7.4 An an employee who feels they have has the right to file a grievance in the following manner: Step 1. The aggrieved regular employee shall notify within seven (7) working days of the Unioninformal meeting, who, along with the employee, will discuss it with the employee’s supervisor or within ten (10) consecutive working days following an event defined in Section 7.8, reduce the grievance to writing, deliver one (1) copy of the event grievance to the immediate supervisor/coordinator and three (3) copies to the xxxxxxx, on of which led is to be forwarded by the xxxxxxx to the business agent of the Union. The immediate supervisor/coordinator may request a meeting to discuss the grievance between the parties, and the Senior Supervisor/Department Head may be present at such meeting. The employee has the option of having a Union representative present at any such meeting. The Employer shall answer the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within writing within ten (10) consecutive workdays, working days of its receipt and provide two (2) copies of the Union shall submit the grievance in writing answer to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancexxxxxxx.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 12.01 In order to provide for an orderly and speedy process procedure for the settling of grievances, the Employer Board acknowledges the rights and duties right of the Union Grievance Committee and to appoint or elect a reasonable number of Stewards. The role , who shall be employees of the xxxxxxx Board, whose duty shall be to assist any employee which the Stewards represent, in preparing and in presenting his grievance in accordance with the preparation grievance procedure. 12.02 The Union shall notify the Board in writing of the name of each Xxxxxxx. 12.03 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen. 12.04 The Grievance Committee shall be composed of the Xxxxxxx directly involved with the grievance and presentation the Grievor, where applicable. 12.05 The Board 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. 12.06 It is understood that a Xxxxxxx has her regular work to perform on behalf of the Board and that she will not leave her work without first obtaining permission from the Chief Executive Officer. Such permission shall not be unreasonably withheld. 12.07 For the purposes of this Agreement, a grievance commencing with clause 7.3 below. When is defined as a xxxxxxx assists with difference arising between the presentation parties relating to the interpretation, application, administration or alleged violation of a grievance during working hours she this Agreement. 12.08 Elected or appointed members of the Grievance Committee shall not suffer no any loss of regular earnings. Policy Grievancepay for time spent at grievance meetings with the Board during the employee’s regular working hours. 7.3 12.09 Grievances which are may be submitted provided that not more than five (5) working days have elapsed since the discovery of an individual nature but are generally applicable the alleged grievance. 12.10 Grievances and replies to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to makewriting at all stages. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it effort shall be dealt with as followsmade to settle any grievance fairly and promptly in the following manner: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The Section 14.1 In a mutual effort to provide a harmonious working relationship between the parties agree to this Agreement, it is agreed and understood by the parties that the time limits set forth in this article there shall be mandatory, exclusive a procedure for the resolution of Saturdays, Sundays, and General Holidaysgrievances involving the application or interpretation of this Agreement. 7.1.1 In the event that the union misses a time limit, the grievance is deemed Section 14.2 The Union recognizes its responsibility as bargaining agent and agrees to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step represent all employees in the grievance procedure. 7.1.3 The time limits specified in bargaining unit with the grievance procedure may be extended for such time as mutually agreedexception, in writingaccordance with the Union's right under the amended Public Employees Relations Act, by the Employer and Section 447.401, hereby states that it will not process grievances for nonmembers of the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties Section 14.3 Employees who are not members of the Union Grievance Committee and Stewardsshall be entitled to use this grievance procedure through, but not beyond, Section 14.6. Section 14.4 Every effort will be made by the parties to settle any grievances expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his grievance shall be considered conclusively abandoned. Any grievance not answered by the City within the prescribed time limits shall automatically advance the grievance to the next higher step. "Days" for purposes of this Article, means calendar days. Section 14.5 Grievances shall be presented in the following manner: Step 1: The role of the employee with or without his or her xxxxxxx shall be to assist first take up his/her grievance with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s his/her immediate supervisor within ten (10) consecutive working days of the event occurrence of the events which led give rise to the grievance in grievance. This first step shall be on an xxxxxxx attempt to resolve the probleminformal and oral basis. The immediate supervisor will respond within ten (10) working days. 7.5 The Union Step 2: Any grievance which cannot be settled with the immediate supervisor shall have be reduced to writing by the right to originate grievances on behalf employee and it shall identify the Article violated including a statement of any employee who feels facts that she has a grievance. 7.6 Failing to resolve sets forth the cause of the grievance during and includes the discussion remedy sought. The grievance shall be taken up with the employee's supervisorDepartment Head or his/her designee, it shall be dealt with as follows: a. Within whichever is appropriate, within ten (10) consecutive workdaysworking days from the date the immediate supervisor in Step 1 submitted his/her response, or the Union shall submit due date for same. The Department Head or his/her designee shall, within ten (10) working days after presentation of the grievance (or such longer period of time as may be mutually agreed upon in writing), render his/her decision on the grievance in writing. Step 3: Any grievance which cannot be satisfactorily settled at Step 2 shall next be taken up with the City Manager or his designee, either through a representative of the Employee Organization and the employee, or by the employee himself, at the employee's option. The grievance specified in writing to in Step 2 shall be discussed by and between the Assistant Superintendent - Business Services employee (at the employee's option, the xxxxxxx or president of the Local may be present) and the City Manager, or his designee, within ten (10) working days after the completion of Step 2. The City Manager, or his designee, shall within ten (10) working days after this discussion (or such longer period of time as is mutually agreed upon) render his decision in writing with a copy to the Superintendent Employee Organization. Where a grievance is general in nature in that it applies to a number of Schools outlining: i. employees rather than to a single employee, or if the nature grievance is directly between the Employee Organization and the Department or the City, such grievance shall be presented in writing directly to the City Manager, or his designee, within ten (10) working days of the occurrence of the events which give rise to the grievance. The grievance shall be signed by the aggrieved employees or the president or the authorized local representative of the Employee Organization.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 14.01 The parties agree Co-operative and Union recognize that it is most desirable that an xxxxxxx effort be made to develop and maintain a good relationship between employees and supervision. If an employee has a complaint which he/she has been unable to resolve with his/her supervisor, a xxxxxxx may attempt to resolve the time limits set forth complaint on behalf of the employee as outlined in this article Article. Any complaint, disagreement or difference of opinion between the Co-operative, the Union or the employees covered by this Agreement, which concerns the interpretation, application or alleged violation of the terms and provisions of this Agreement, may be presented as a grievance. It is the intent of both the Co-operative and the Union issues and concerns be resolved prior to using the discipline or grievance procedures. 14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented in writing within twenty-one (21) calendar days following the event giving rise to such grievance, shall be mandatory, exclusive of Saturdays, Sundays, forfeited and General Holidayswaived by the aggrieved party. 7.1.1 In 14.03 The procedure for adjustment of grievances shall be as follows: (a) By a discussion between the event that Shop Xxxxxxx and/or Union Representative (with the union misses a time limit, aggrieved employee present or absent at their option) and the immediate supervisor and/or Warehouse Manager. (b) Should the grievance is deemed to not be abandoned. 7.1.2 In resolved in accordance with the event that the employer misses a time limitprovisions set out in sub-article (a) above, then the grievance shall be advanced to submitted in writing in accordance with the next step provisions contained in Article 14.02 above. The grievance shall clearly set forth the issues and contentions of the aggrieved party. i. The grievance shall be dealt with at a meeting that shall take place between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee present or absent at their option) and the Senior Manager Operations and the FCL Senior Employee and Labour Relations Specialist. This meeting shall take place within fourteen (14) calendar days following the date on which the grievance procedure. 7.1.3 The was filed in writing or at such other time limits specified in the grievance procedure as may be extended for such time as mutually agreed, in writing, by agreed to between the Employer Co-operative and the Union. 7.2 In order ii. One of the above mentioned Co-operative representatives shall render a written decision on any grievance initiated by any employee or the Union, within fourteen (14) calendar days following the date on which the meeting in sub article (b)(i) occurs. A full-time Union Representative shall render a written decision on any grievance initiated by the Co- operative, within fourteen (14) calendar days following the date on which the meeting in sub article (b)(i) occurs. (c) Should the grievance not be resolved in accordance with the provisions set out in sub article (b) above, then upon request of either party, but not later than thirty (30) calendar days following the receipt of the written decision referred to provide for an orderly and speedy process for the settling of grievancesin sub article (b) above, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement matter shall be referred to as a policy grievance. Policy grievances shall be submittedan arbitrator, selected in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along accordance with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problemArticle 15. 7.5 The Union shall have the right 14.04 All meetings with regard to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, during working hours and no employee or employees representing the Union shall submit suffer loss of pay by reason of time spent investigating grievances or in discussion of same with representatives of the Co-operative. 14.05 After the completion of any step in 14.03, if the aggrieved party does not proceed to the next step within the specified time limits, the grievance in writing shall lapse. The time limits may be expanded by mutual agreement of the parties. 14.06 The Co-operative and the Union agree that at any time prior to the Assistant Superintendent - Business Services with hearing date for an arbitration they may voluntarily agree to use a copy mutually acceptable mediator in their attempts to resolve the grievance. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the terms of the Collective Agreement to impose or require the parties to accept his or her suggested settlement to the Superintendent of Schools outlining: i. matter in dispute. All expenses and fees that may be incurred by such mediator shall be borne equally by the nature of Co-operative and the grievanceUnion. Unless otherwise mutually agreed to between the Co-operative and the Union, this procedure may only be used in situations where grievance mediation services are not available through provincial legislation.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree 1. A grievance shall mean a written complaint by a member of the bargaining unit that the time limits set forth there has been an alleged violation, misinterpretation, or misapplication of working conditions, fringe benefits, or wages, specified in this article Agreement. 2. The purpose for this procedure is to secure, at the lowest possible administrative level, equitable solutions to grievances which may arise. 3. All grievance proceedings, but not necessarily the grievance itself, shall be mandatory, exclusive of Saturdays, Sundayskept confidential, and General Holidaysthe proceedings shall be informal, as is mutually agreeable. Records shall be kept by all parties to the grievance. The number of days indicated in each step listed below shall be considered the maximum allowable to all parties, and every effort shall be made to expedite the proceedings. Time restrictions herein may be extended by mutual agreement. The employee(s) and the employer agree to follow the procedures outlined in the following steps: Step 1. Any claim shall first be presented orally to the most immediate supervisor (xxxxxxx or principal, whichever is applicable), within five (5) working days of event, or five (5) working days of employee’s knowledge of event. The Supervisor of Custodians will respond to the oral grievance within five (5) working days from notice of the oral grievance. 7.1.1 In the event that the union misses Step 2. Failing to reach a time limitsatisfactory agreement, the employee shall discuss the grievance is deemed with the Chief Xxxxxxx or his/her designated representative. The Chief Xxxxxxx may designate an assistant xxxxxxx for each shift to be abandonedhandle grievances in his/her absence. If the Chief Xxxxxxx has a grievance, the Business Agent may represent him/her. 7.1.2 In Step 3. If a satisfactory resolution of the event that claim cannot be reached orally through the employer misses Chief Xxxxxxx, then a time limit, the formal written grievance shall be advanced presented by the Chief Xxxxxxx or his/her designate to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer Director of Buildings and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor Grounds within ten (10) consecutive working days of the event oral discussion. The formal grievance and the administrator's reply shall be in writing in duplicate (2) on the forms provided. In stating his/her grievance the employee must specify the Article and Section of this Agreement which led to the grievance was allegedly violated, and give pertinent evidence in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf support of any employee who feels that she has a his/her grievance. 7.6 Failing to resolve Step 4. All copies of the grievance during must be signed by the discussion employee. The Director of Buildings and Grounds shall certify with his/her signature the date and hour of receipt of the grievance. This certification shall be witnessed by the Chief Xxxxxxx, or his/her designate. Step 5. The Director of Buildings and Grounds shall within five (5) working days of receipt of grievance present his/her reply to the Chief Xxxxxxx or his/her designate. The Chief Xxxxxxx shall certify with his/her signature the date and hour of receipt of the reply. This certification shall be witnessed by the Director of Buildings and Grounds. Step 6. The grievance shall be regarded as settled and closed five (5) working days after receipt of the reply from the Director of Buildings and Grounds, providing the employee has not signed and presented to the Director of Human Resources the form for appeal. 4. If the employee wishes to appeal the reply of the Director of Buildings and Grounds, he/she shall within five (5) working days request a meeting with the employee's supervisorDirector of Human Resources. The Director of Human Resources or his/her representative will then schedule a meeting with the claimant, it Chief Xxxxxxx, and/or Business Agent, and/or Union President, and other District representatives so designated by the Director of Human Resources at a time convenient to all parties. The decision of the Director of Human Resources shall be dealt with as follows:sent to the Chief Xxxxxxx within five (5) days following the meeting. a. Within ten 5. If the union wishes to appeal the decision of the Director of Human Resources, he/she must request within five (105) consecutive workdays, working days of receipt of the Union shall submit decision of the Director of Human Resources that the grievance in writing to the Assistant Superintendent - Business Services with a copy to be referred through the Superintendent of Schools outlining: i. the nature of the grievanceto binding arbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 7.01 Grievance means any disagreement pertaining to the application, interpretation or alleged violation of the Collective Agreement. 7.02 The parties agree that to settle grievances as expeditiously as possible, during working hours. To this end, the employee and the Shop Xxxxxxx may take the necessary and reasonable time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidaysrequired to discuss the issue following the authorization by their supervisor. 7.1.1 In the event that the union misses 7.03 Before submitting a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of employee must try to solve his problem with his supervisor. He is accompanied, if he so wishes, by his Shop Xxxxxxx. 7.04 If no agreement is reached as per paragraph 7.03 above, the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. following procedure applies: a) First step: The grievance shall commence at Step 2is presented in writing to the manager concerned, Clause 7.6 7.4 An employee who feels they have with a grievance shall notify copy to the UnionHuman Resources department, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of following the event which led subject to the grievance or following the moment the employee or the Union becomes aware of it. The manager or his representative answers in an xxxxxxx attempt writing to resolve the problem. 7.5 The Union shall have person that has presented the right to originate grievances on behalf grievance within five (5) working days following the presentation of any employee who feels that she has a the grievance. 7.6 Failing to resolve b) Second step: If the grievance during is not settled within the discussion with period prescribed at paragraph 7.04 a), the employee's supervisorUnion has five (5) working days to submit the grievance to the second step. If the grievance is submitted to the second step, it shall a meeting must be dealt with as follows: a. Within held within ten (10) consecutive workdays, working days with the Union shall submit Operations Director concerned or his representative. The decision of the grievance Operations Director or his representative is forwarded in writing to the Assistant Superintendent - Business Services President of Union Plant Committee within ten (10) working days after the meeting prescribed above. If the grievance pertains to a suspension or a dismissal, it must be directly submitted to the second step. If the grievance involves several employees reporting to different directors, or if it is filed as per paragraph 13.04 of the present Collective Agreement, it has to be submitted to the Human Resources department, considered in such circumstances as being the second step of the grievance settlement procedure. c) Arbitration: If the grievance is not settled within the period prescribed in paragraph 7.04 b), the Union can then, within ten (10) working days following the deadline of the above mentioned period, submit the grievance for a hearing before an Arbitrator under the provisions of paragraph 7.07. 7.05 The parties attempt to agree on an arbitrator from Quebec's official list of arbitrators. In the absence of an agreement, the parties may agree to ask Quebec’s Minister of Labor and Manpower to designate an arbitrator. Grievances regarding dismissals, lay-offs and call-backs referred to arbitration and that have a monetary aspect will be placed at the top of the list. The parties agree that these grievances must be heard within six (6) months by an arbitrator, as stipulated in the first paragraph of this article, or, if this arbitrator is not available within this time frame, by the Service Arbitrage Accéléré Inc. process, depending on the availability of the parties. 7.06 No grievance can be rejected for a defect in form. 7.07 The delays prescribed in article 7 are mandatory, unless the parties give their written consent to extend them. 7.08 It is agreed that if a grievance is not pursued to the next step or if no grievance is submitted in a specific case, such failure to pursue or submit a grievance does not create a precedent with regard to any future recurrence of the incident that gave rise or that might have given rise to a grievance. Any settlement reached following a grievance must be subject to a written agreement between the Union and the Employer. This agreement is binding to the parties involved and the employee concerned, without creating a precedent. 7.09 The Employer does not attempt to settle a grievance with a copy plaintiff in the absence of the Shop Xxxxxxx who submitted the grievance or his authorized representative. 7.10 In cases involving a disciplinary sanction or a dismissal, the burden of the proof rests with the Employer. 7.11 The arbitration award is final and binds the parties and becomes effective on the date stipulated by the Arbitrator. 7.12 The Arbitrator may only interpret or apply the provisions of this Collective Agreement and may in no case add to, subtract from or modify it. Whenever the incident causing the grievance involves a loss of earnings or other benefits, the Arbitrator is empowered to order that such a loss or part of the Superintendent loss be reimbursed or restored. Moreover, he may order payment of Schools outlining: i. interest at the nature statutory rate, from the filing of the grievance, on any amount due under the award he has made. In a disciplinary case or dismissal, the Arbitrator is empowered to reduce or annul the penalty or the dismissal, according to what seems just and equitable to him under the circumstances. 7.13 The fees and expenses of the Arbitrator shall be borne equally by the parties hereto.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. If the time limits set forth in this article matter is not resolved by informal discussion, it shall be mandatory, exclusive of Saturdays, Sundays, and General Holidayssettled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance. 7.1.1 In ) All written grievances shall contain the event that the union misses a time limit, the grievance is deemed following (Step 1 grievances are not expected to be abandoned.in writing and do not require detailing of the items listed below): 7.1.2 In a) name(s) of the event that grievant or grievants, if applicable; b) a brief summary of the employer misses a time limit, facts giving rise to the alleged violation; c) citation of the section or subsections of this Agreement alleged to have been violated; d) the date of the alleged violation; e) the specific remedy requested. Any written grievance shall filed at Step Two or Three not in accordance with the above requirements may be advanced denied on the basis of improper filing and may be appealed to the next step Step in the grievance accordance with this procedure. 7.1.3 The time limits specified in the grievance procedure may . This meeting shall be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling held within fourteen (14) calendar days of grievances, the Employer acknowledges the rights and duties receipt of the Union Grievance Committee and Stewardsrequest. The role of the xxxxxxx supervisor, employee(s), and Union Xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 grievance. If desired by the supervisor, another member of management may be present so long as that person will not be hearing the grievance at Step Two, should it progress to that Step. The parties are limited to one (1) representative each present on Employer paid time, in addition to the grievant and the supervisor. The supervisor shall respond to the grievant with a copy of the response to the Xxxxxxx within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two. A representative of the appropriate Human Resources Department shall have hold a meeting between the right head of the unit, the grievant, and the designated Union representative on Employer paid time to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing discuss and attempt to resolve the grievance during the discussion with the employee's supervisor, it grievance. This meeting shall be dealt with as follows: a. held within fourteen (14) calendar days of the receipt of the Step Two grievance. Within ten fourteen (1014) consecutive workdayscalendar days of the meeting, the Union head of the unit shall submit the grievance provide a decision in writing to the Assistant Superintendent - Business Services grievant and the Union representative with a copy to the Superintendent of Schools outlining: i. appropriate Human Resources Department. The parties are limited to two (2) representatives each, in addition to the nature grievant and the supervisor. If the grievance remains unresolved, the Union may submit it to Step Three as described below. Within fourteen (14) calendar days of the grievancemeeting, the hearing officer shall provide a decision, in writing, to the grievant and the Union representative with a copy to the appropriate Human Resources Department. The parties are limited to two (2) representatives each, in addition to the grievant and the supervisor. An issue not raised by the Union in the Step Three grievance shall not proceed to arbitration unless mutually agreed between the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree 15.1 This procedure applies to differences: 15.1.1 about the interpretation, application, operation, or alleged violation of any Collective Agreement provision including the question of whether such difference is arbitrable; 15.1.2 where the Association asserts that terms are implied or incorporated into the time limits set forth in this article shall be mandatory, exclusive Collective Agreement including the question of Saturdays, Sundays, and General Holidays.whether such a difference is arbitrable; and, 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in 15.2 Before invoking the grievance procedure, a teacher, with the support of the Association at the teacher’s discretion, will first make reasonable effort to resolve the difference at the local level. 7.1.3 15.3 If the difference (hereinafter called a ‘grievance’) is not resolved as described in clause 15.2, it shall be submitted in writing to the superintendent or designate and the Associate Coordinator—Collective Bargaining. Such written grievance notices shall be made within forty (40) operational days of when the grieving party first had knowledge of the occurrence / event giving rise to the grievance. 15.4 The time limits specified in written grievance notice, which can be provided by email, can be initiated by a teacher, the Association, or the Employer, and shall contain the following: 15.4.1 the name(s) of the parties aggrieved; 15.4.2 a statement of facts giving rise to the grievance; 15.4.3 the clause(s) of the agreement that are alleged to have been violated; and, 15.4.4 the remedy or correction being sought. 15.5 A copy of the grievance procedure may notice, and any applicable formal response to the grievance, shall be extended for such time as mutually agreedprovided to the superintendent or designate of the Employer, the Chair of the Board of Directors of TEBA or designate, and the Associate Coordinator—Collective Bargaining, within fifteen (15) operational days. 15.5.1 When requested by XXXX, the Employer shall provide additional information on grievances in writing, a form determined by the TEBA Chair. 15.6 Representatives of the Employer and the UnionAssociation shall meet to discuss the grievance within fifteen (15) operational days of receiving written grievance notice. 7.2 15.6.1 The party initiating a grievance may, at its sole discretion, provide notice of its intent to forego a discussion of the matter at a grievance meeting, and request a formal reply within fifteen (15) operational days. 15.7 The Association will give advance notice to the Employer when a grievor plans to attend a grievance meeting. In order to provide for an orderly and speedy process for the settling of grievancessuch instances, the Employer acknowledges Association shall bear the rights and duties expense of the Union Grievance Committee and Stewards. The role grievor’s attendance including the actual cost of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated substitute and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2portion of statutory benefit contributions, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problemas per clause 13. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 1. A grievance, for the time limits set forth in purpose of this article Article, shall be mandatorydefined as a dispute between an employee or employees and the University, exclusive or between the Union and the University with respect to the interpretation or application of Saturdays, Sundays, and General Holidaysthe specific terms of this Agreement. 7.1.1 2. The employee’s representative, with or without the employee who believes that a problem exists with respect to the interpretation or application of the specific terms of the Agreement, shall first discuss the problem in an informal manner with the employee's immediate supervisor within five (5) calendar days of the occurrence of the problem. Reasonable efforts shall be made by the parties involved to resolve the problem informally within seven (7) calendar days. The employee’s representative and the employee will be notified of the disposition by the supervisor. 3. Step 1: If the problem has not been adjusted informally, the employee or employee’s representative shall reduce it to writing and submit a written grievance to the Director of Police and Safety or equivalent campus administrator within five (5) calendar days after notification of disposition provided in paragraph 2. The written grievance shall contain: a. A concise statement of the events giving rise to the grievance; b. The specific section of this Agreement alleged to be violated; c. All evidence available in support of the grievance claimed; d. A statement as to when the grievance arose, became known or should have become known to the employee; and e. A statement as to the redress sought by the employee. Upon receipt of the written grievance, a grievance number shall be obtained from the System Office of Human Resources and assigned to the grievance by the Director of Police and Safety or equivalent campus administrator. A written disposition with respect to the grievance shall be rendered by the Director to the employee and the employee’s representative within ten (10) calendar days after receipt of the written grievance. 4. Step 2: If the disposition is not satisfactory to the Union, the employee or employee’s representative may appeal the grievance in writing to the President or the President's designee within ten (10) calendar days after receipt of the notification provided in paragraph 3. The President or the President's designee shall render a disposition in writing to the employee and employee’s representative within ten (10) calendar days after receipt of the written grievance. 5. Step 3: If the disposition of the President or the President's designee is not satisfactory to the Union, the employee or employee’s representative may appeal the grievance in writing to the Chancellor or the Chancellor's designee within ten (10) calendar days after receipt of the notification provided in paragraph 4. The Chancellor or the Chancellor's designee shall render a determination in writing to the employee’s representative within ten (10) calendar days after receipt of the written grievance. 6. Step 4: In the event that the union misses a time limit, determination of the grievance Chancellor or Chancellor's designee is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced not acceptable to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writingit may, within thirty (30) consecutive working days after the date of that determination or the event which led date the determination is due, request that the matter be submitted to arbitration by notifying the grievance and Chancellor or the Chancellor's designee in writing by certified or registered mail. a. The arbitration proceedings shall specify be conducted by an arbitrator selected by the nature of Chancellor or the grievance, the articles or clauses of the collective agreement which are alleged to be violated Chancellor's designee and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor Union within ten (10) consecutive working days after the notice has been received. If the parties fail to agree upon an arbitrator, either may request the Federal Mediation and Conciliation Service or Maine Board of Arbitration to provide an arbitrator in accordance with the rules of the event which led organization. b. The decision of the arbitrator shall be final and binding with regard to the grievance in an xxxxxxx attempt dispute consistent with applicable law and this Agreement. The arbitrator shall not have the authority to resolve amend or modify or establish new terms or conditions with respect to this Agreement. Wherever possible the problemarbitrator shall render the decision within thirty (30) calendar days after the conclusion of the hearing and any final written or oral argument. 7.5 The Union c. All fees and expenses for the arbitrator's services and the proceedings shall have be borne equally by the right University and the Union. However, each party shall be responsible for bearing the costs of preparing and presenting its own case and compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to originate grievances on behalf of any employee who feels that she has a grievancebe made providing it pays for the record. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it 7. All grievances shall be dealt with as follows: a. Within ten (10) consecutive workdaysfiled and appealed within the time limits set forth above or they will be deemed waived; provided, however, that the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature time limits may be extended by mutual agreement, of the grievanceappropriate Union representative and the University administrator at any step of the above procedure.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. If the time limits set forth in this article matter is not resolved by informal discussion, it shall be mandatory, exclusive of Saturdays, Sundays, and General Holidayssettled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance. 7.1.1 In ) All written grievances shall contain the event that the union misses a time limit, the grievance is deemed following (Step 1 grievances are not expected to be abandoned.in writing and do not require detailing of the items listed below): 7.1.2 In a) name(s) of the event that grievant or grievants, if applicable; b) a brief summary of the employer misses a time limit, facts giving rise to the alleged violation; c) citation of the section or subsections of this Agreement alleged to have been violated; d) the date of the alleged violation; e) the specific remedy requested. Any written grievance shall filed at Step Two or Three not in accordance with the above requirements may be advanced denied on the basis of improper filing and may be appealed to the next step Step in accordance with this procedure. The supervisor shall respond to the grievant with a copy of the response to the Xxxxxxx within fourteen (14) calendar days following the meeting. If the grievance procedure. 7.1.3 The time limits specified in remains unresolved, the grievance procedure Union may be extended for such time as mutually agreedsubmit it to Step Two. A representative of the appropriate Human Resources Department shall hold a meeting between the head of the unit, in writingthe grievant, by the Employer and the Union. 7.2 In order designated Union representative on Employer paid time to provide for an orderly discuss and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it . This meeting shall be dealt with as follows: a. held within fourteen (14) calendar days of the receipt of the Step Two grievance. Within ten fourteen (1014) consecutive workdayscalendar days of the meeting, the Union head of the unit shall submit the grievance provide a decision in writing to the Assistant Superintendent - Business Services grievant and the Union representative with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceappropriate Human Resources Department. The parties are limited to two

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. If the time limits set forth in this article matter is not resolved by informal discussion, it shall be mandatorysettled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance.) All written grievances shall contain the following (Step 1 grievances are not expected to be in writing and do not require detailing of the items listed below): a) name(s) of the grievant or grievants, exclusive of Saturdays, Sundays, and General Holidaysif applicable. 7.1.1 In b) a brief summary of the event that facts giving rise to the union misses a time limit, the grievance is deemed to be abandonedalleged violation. 7.1.2 In c) citation of the event that section or subsections of this Agreement alleged to have been violated. d) the employer misses a time limit, date of the alleged violation. e) the specific remedy requested. Any written grievance shall filed at Step Two or Three not in accordance with the above requirements may be advanced denied on the basis of improper filing and may be appealed to the next step Step in accordance with this procedure. The supervisor shall respond to the grievant with a copy of the response to the Xxxxxxx within fourteen (14) calendar days following the meeting. If the grievance procedure. 7.1.3 remains unresolved, the Union may submit it to Step Two. was due. A representative of the appropriate Human Resources Department shall hold a meeting between a Xxxx or equivalent administrative officer at the next management level, the grievant, and the designated Union representative to discuss and attempt to resolve the grievance. This meeting shall be held within fourteen (14) calendar days of the receipt of the Step Three grievance. The time limits specified in Union or the grievance procedure University may also request additional relevant information from employees other than the Grievant. However, these employees may not be extended for such time as mutually agreedrequired to present information. Within fourteen (14) calendar days of the meeting, the Xxxx or equivalent administrative officer shall provide a decision, in writing, to the grievant and the Union representative with a copy to the appropriate Human Resources Department. The parties are limited to two (2) representatives each, in addition to the grievant and the supervisor. An issue not raised by the Employer Union in the Step Three grievance shall not proceed to arbitration unless mutually agreed between the parties. The Union will make a good faith effort to reduce the ninety (90) calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days from the Union's request for arbitration the Union and the Union. 7.2 In order to provide for University shall select an orderly arbitrator from an agreed upon list of arbitrators. The University and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsmay mutually agree to an arbitrator outside their agreed upon list. The role If the parties are unable to agree on a list of arbitrators, then the xxxxxxx parties shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedselect, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working calendar days of the event which led Union's request for arbitration, an arbitrator from a panel provided by the Bureau of Mediation Services or the American Arbitration Association. The parties shall have ten (10) calendar days following receipt of the list to select an arbitrator in the grievance in an xxxxxxx attempt to resolve the problem. 7.5 following manner: The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve strike one name from the grievance during list, the discussion with University shall then strike one name, and the employee's supervisor, it process will be repeated and the remaining person shall be dealt with as follows: a. Within the arbitrator. The parties shall have ten (10) consecutive workdays, calendar days following the Union shall submit selection of the grievance in writing arbitrator to jointly notify the Assistant Superintendent - Business Services arbitrator of the parties’ selection with a copy to the Superintendent of Schools outlining: i. the nature of the grievancerequest for available hearing dates. The parties agree that arbitration hearings involving possible monetary liabilities shall be given first priority in scheduling.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree 1. A grievance shall mean a written complaint by a member of the bargaining unit that the time limits set forth there has been an alleged violation, misinterpretation, or misapplication of working conditions, fringe benefits, or wages, specified in this article Agreement. 2. The purpose for this procedure is to secure, at the lowest possible administrative level, equitable solutions to grievances which may arise. 3. All grievance proceedings, but not necessarily the grievance itself, shall be mandatory, exclusive of Saturdays, Sundayskept confidential, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance proceedings shall be advanced informal, as is mutually agreeable. Records shall be kept by all parties to the next grievance. The number of days indicated in each step in listed below shall be considered the grievance procedure. 7.1.3 The time limits specified in maximum allowable to all parties, and every effort shall be made to expedite the grievance procedure proceedings. Time restrictions herein may be extended for such time as mutually agreed, in writing, by the Employer mutual agreement. The employee(s) and the Union. 7.2 In order employer agree to provide for an orderly and speedy process for follow the settling of grievances, procedures outlined in the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as followsfollowing steps: a. Within ten (10) consecutive workdays, the Union Step 1: Any Claim shall submit the grievance first be presented in writing to the Assistant Superintendent - Business Services with a copy most immediate supervisor, within five (5) working days of event, or five (5) working days of employee’s knowledge of event. The Supervisor will respond to the Superintendent of Schools outlining: i. the nature oral grievance within five (5) working days from notice of the oral grievance. Step 2: Failing to reach a satisfactory agreement, the employee shall discuss the grievance with the Chief Xxxxxxx or his/her designated representative. The Chief Xxxxxxx may designate an assistant xxxxxxx for each shift to handle grievances in his/her absence. If the Chief Xxxxxxx has a grievance, the Business Agent may represent him/her. Step 3: If a satisfactory resolution of the claim cannot be reached through the Chief Xxxxxxx, then a formal written grievance shall be presented by the Chief Xxxxxxx or his/her designee to the Director of Buildings and Grounds within ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 6.1 For purposes of this Agreement, any dispute between the City and the Union or between the City and any employee concerning the interpretation, application, claim of breach or violation of the express terms of this Agreement shall be deemed a contract grievance. 6.2 A contract grievance in the interest of a majority of the employees in the bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the contract grievance procedure and be processed within the time limits set forth in herein. Removal of an employee from a list on which the employee has provisional placement pursuant to Section 15.15 of Article 15 shall not be a proper subject for this article grievance procedure. Removal for a newly hired employee under the terms of that provision shall be mandatory, exclusive deemed a termination of Saturdays, Sundays, employment and General Holidays. 7.1.1 In the event that the union misses shall also not be a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the subject for this grievance procedure. 7.1.3 The time limits specified in 6.3 Because it is mutually beneficial to resolve disputes at the grievance procedure may be extended for such time as mutually agreedlowest possible level, in writing, by thereby avoiding the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling filing of grievances, employees and their shop stewards are encouraged to discuss issues with an immediate supervisor in a timely manner prior to filing a grievance hereunder, but in no event does this informal discussion extend the Employer acknowledges time limits for filing a grievance set forth in Section 6.4, Step 1. 6.4 A contract grievance shall be processed in accordance with the rights and duties of following procedure: 6.4.1 Step 1: A contract grievance shall be presented in writing by the Union Grievance Committee Representative to the Guest Services Manager or designee and Stewards. The role of or the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, Seattle Center Director’s designee within thirty fifteen (3015) consecutive working business days of the event which led to alleged con- tract violation. The written grievance shall include: 1) a description of the grievance facts and shall specify the nature circumstances of the grievance, the articles or clauses 2) identification of the collective agreement which are alleged Section(s) of the Agreement allegedly violated, and 3) the proposed remedy. The Guest Services Manager, designee and/or the Seattle Center Director’s designee shall consult and/or arrange a meeting within five (5) business days with the Union Representative to be violated and resolve the remedy or correction that contract grievance. The parties shall make every effort to settle the Employer is requested to makecontract grievance at this stage promptly. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor be answered in writing within ten (10) consecutive working business days after discussion of the event which led to alleged contract grievance with the grievance in an xxxxxxx attempt to resolve the problemUnion Representative. 7.5 The Union shall have 6.4.2 Step 2: If the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the contract grievance during the discussion with the employee's supervisoris not resolved as provided in Step 1, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance forwarded in writing together with a written statement as to the Assistant Superintendent - Business Services Union's reason for non-acceptance of the Step 1 response, by the Union's Representative, to the City Director of Labor Relations with a copy to the Superintendent of Schools outlining: i. Seattle Center Director within ten (10) business days after the nature of Step 1 answer is received by the grievanceUnion.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 ‌ 10:01 An employee having a complaint which may become a grievance arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement will first take up the complaint within fifteen (15) working days after the occurrence of the matter which is the subject of the complaint with the employee’s supervisor, who will attempt to resolve it. Should the complaint fail to be resolved, the employee has the right to bring a Union Xxxxxxx who may then attempt to solve the complaint with the supervisor and the employee. If the complaint remains unresolved, the employee may file a grievance at Step One of the Grievance Procedure. Step One‌ 10:02 An employee may request the employee’s supervisor to call the Union Xxxxxxx to handle a specified grievance. The parties agree that the time limits set forth word “specified” as used in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance paragraph is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, interpreted by the Employer and the Union. 7.2 In order parties hereto to provide for mean that an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be employee is required to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify “state the nature of the grievance, .” The supervisor will arrange to send for the articles or clauses Union Xxxxxxx without undue delay and without further discussion of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to makegrievance. The Union Xxxxxxx, with or without the employee present, will attempt to adjust the grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employeesupervisor, will discuss before it with is given to the supervisor in writing. If the grievance is not resolved by the supervisor, it shall be summarized in writing and signed by the employee involved and the employee’s supervisor Xxxxxxx, and submitted to the Manager of the Early Learning Centre by the President of the Union Local/Local Coordinator within ten (10) consecutive working days after having received an answer in writing from the supervisor. A meeting shall be arranged between the Manager of the Early Learning Centre and the President of the Union Local/Local Coordinator within three (3) working days of receiving the event which led to grievance. The Manager of the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union Early Learning Centre shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance reply in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature President of the grievanceUnion Local/Local Coordinator as soon as possible but not later than ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 7.1 Union may file a grievance concerning the interpretation of any provision, including the prevailing rights, of this Agreement and/or disciplinary action taken against an Employee when a question of just cause exists. All grievances shall be processed through the Union. All references to submitting the grievances in writing shall include through the City’s e- mail system. Removal, demotion, and discharge shall be subject to the grievance procedure or subject to the jurisdiction of the City Council as provided in Article 11 of the Charter of the City of Tulsa as the member shall elect, except for new hires as provided in Article 1, Section 1.2. The parties agree member's election of remedies shall be binding and irrevocable. Grievances under this Agreement shall be processed in accordance with the following: Step 1. The grievance shall be submitted in writing to the Fire Chief or his designee. By virtue of the supervisory capacity in which they serve, Employees holding the rank of District Chief and above may be required to investigate and provide necessary input and recommendations to the Fire Chief in his/her deliberation of first step grievances. The Fire Chief shall submit his/her answer to the Employee in writing, with a copy to be forwarded to the Union within ten (10) calendar days after receipt of the grievance. Step 2. If the grievance remains unresolved, it may be submitted to the Human Resources Director of the City in writing within ten (10) calendar days of receipt of the written answer from the Fire Chief. Within ten (10) calendar days after receipt of the grievance, the Human Resources Director or his/her designee and appropriate supervisory representatives of the Fire Department shall meet with three (3) members of Union Grievance Committee in an attempt to resolve the grievance. The Human Resources Director or his/her designee shall submit Xxxxxxxx's answer in writing to the Grievance Committee within ten (10) calendar days after such meeting. Section 7.2 If the grievance is unresolved after receipt of Employer's answer in Step 2, Union may request in writing within ten (10) calendar days that the grievance be submitted to impartial arbitration. Prior to arbitration, the parties may mutually agree to utilize mediation to attempt to resolve the grievance. Section 7.3 No matter shall be entertained as a grievance hereunder unless it is raised as such within twenty (20) calendar days after the occurrence of the event or after the Employee becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Section 7.4 All time limits set forth in this article Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he/she shall be mandatoryhave no further right to continue the grievance. Likewise, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In failure to respond to a grievance by the event that appropriate Employer agent within the union misses a prescribed time limit, limits shall allow Union or grieving member to automatically move the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedurestep. 7.1.3 Section 7.5 Within ten (10) calendar days from receipt of the request for arbitration, the parties shall jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service, unless the parties can mutually agree upon an arbitrator to hear the dispute. The parties agree to alternate, on a per case basis, the cost of requesting a panel. Section 7.6 Within ten (10) calendar days from receipt of such panel, a representative of Union and Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. Employer shall strike the list first in even years, Union shall strike the list first in odd years. Section 7.7 Within ten (10) calendar days the Federal Mediation and Conciliation Service and the arbitrator selected shall be notified. Prior to the docketing of the arbitration hearing, the City and the Union agree to meet, at the request of either party, in an attempt to reach a settlement of the grievance. The date for the arbitration hearing shall be determined within twenty (20) calendar days from the date of the settlement discussion. Section 7.8 The parties may mutually agree or the arbitrator may allow briefs upon an oral motion of one party and the arbitrator determines that written briefs would be important to the disposition of the case. Section 7.9 With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decisions, findings, and recommendations of the arbitrator shall be final and binding on the parties to this Agreement; however, the authority and responsibility of Employer as provided by the Charter of the City of Tulsa shall not be usurped in any manner unless specifically amended or modified by this Agreement. Section 7.10 The arbitrator's authority is strictly limited to the interpretation and application of the terms of this Agreement. The arbitrator shall have no jurisdiction to establish a new agreement or any variation or modification of the present Agreement, nor to arbitrate away, in whole or part, any provision of this Agreement or any supplements thereto or amendments thereof; nor shall any wage structures or structure of job classifications covered by this Agreement be subject to arbitration. This shall not preclude individual wage grievances. Section 7.11 It is specifically and expressly understood that taking an appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing party and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other forum. This Section shall not apply to the judicial enforcement of an arbitration award. Section 7.12 The cost and expenses incurred by the impartial arbitrators shall be shared equally by Union and Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 7.13 Two (2) representatives from Union and the grieving Employee may be present at the arbitration hearing without loss of pay for time limits specified spent in arbitration if the hearing is scheduled during the Employee's normal work period. Section 7.14 All issues in a particular arbitration, including issues relating to arbitrability, shall be heard in a single hearing. If additional information becomes available that could affect the second step decision, the parties agree to meet and discuss such information prior to arbitration. Section 7.15 When an Employee receives written notification of disciplinary action that would result in a monetary loss to the Employee, or the Employee elects the grievance procedure may be extended for such time as mutually agreedin the instances of removal, in writingdemotion or discharge, by the Employer Employee or Union shall have twenty (20) calendar days to grieve the action and the Union. 7.2 In order to provide for an orderly and speedy process for the settling grievance will be filed at Step 2 of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsthis procedure. The role of the xxxxxxx Human Resources Director or his/her designee shall be to assist with the preparation and presentation of conduct a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to hearing as a policy grievance. Policy grievances shall be submitted, set forth in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor 2 within ten (10) consecutive working calendar days of the event which led to receipt of the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union and shall have the right to originate grievances on behalf of any employee who feels that she has issue a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within written answer within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature calendar days of the grievancehearing.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 7.01 Where a difference arises between the parties relating to the interpretation, application, or administration of this Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, then the difference shall be settled in the following manner: 7.02 Stage One (1): Where an employee has a grievance, within five (5) normal working days (Monday to Friday) of the occurrence of the events giving rise to the grievance, he shall orally communicate it to his Supervisor and a Union Xxxxxxx who shall try to resolve it before submitting it in writing. Stage Two (2): If the oral discussion does not result in an immediate resolution the employee shall then submit it in writing to his Supervisor and to a Union Xxxxxxx within two (2) normal working days after the oral discussion. The written grievance shall: a) provide full particulars of all facts alleged to justify or give rise to the grievance; b) state the specific (not general or open-ended) settlement sought; and c) be signed by the grieving employee. Within five (5) normal working days of receipt of the written grievance, the Supervisor shall give his written answer to a Union Xxxxxxx. The written answer shall provide full particulars of the Supervisor's position on the alleged facts and his specific proposal, if any, for settlement of the grievance. Should the grievance advance to the next stage or arbitration, the Union will not be held to or restricted in its presentation or argument of the grievance to the particulars stated, with facts presented or the settlement sought on the grievance; similarly, the Company will not be held to or restricted in its presentation or argument of the grievance to the particulars it stated, the facts it presented or the settlement on the grievance, the intent being that the positions of the parties agree up to this stage of the grievance procedure are to be without prejudice and without precedent. 7.03 Failing a satisfactory settlement at either Stage One (1) or Stage Two (2), the matter may then be referred by the Grievance Committee Chairperson, within two (2) working days of the receipt of the Supervisor's answer, to the Machine Shop Manager or his designate who shall render his written answer within five (5) working days. 7.04 Failing a satisfactory answer at the second stage or if no answer was provided within the time limits, two (2) representatives of the Union, one of which must be a Union staff representative or his designate, may request, in writing, five (5) working days thereafter, or at a time mutually agreed upon, that the grievance be taken up at a meeting between the two (2) Union representatives, one of which must be a Union staff representative or his designate and two (2) Company representatives, namely, the Human Resources Manager, and the Machine Shop Manager, or their designate(s). The Company shall grant at the Union staff representative's request a reasonable extension of time, if necessary. If the grievance is not settled, in writing within five (5) working days following the meeting or if no meeting was requested within the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limitabove, the grievance is deemed may be referred to be abandonedarbitration pursuant to the provisions of the Article on Arbitration. 7.1.2 In 7.05 Time limits in this Article and Article on Arbitration may not be extended unless it is by mutual agreement in writing between the event parties. 7.06 Where either the Union or Company has a difference with the other party relating to the interpretation, application, or administration of this Agreement, including any questions as to whether a matter is arbitrable or where an allegation is made that the employer misses a time limitthis Agreement has been violated, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance presented in writing to the Assistant Superintendent - Business Services with a copy other party within one (1) calendar week of the circumstances giving rise to the Superintendent grievances. In respect of Schools outlining: i. a grievance by the nature Union, the Human Resources Manager, or Machine Shop Manager, or their designate, shall answer in writing within five (5) working days after the receipt of such grievance. In respect of a grievance by the Company, the Unit President or his designate shall answer in writing within five (5) working days after the receipt of such grievance. Any Union response to a Company grievance must contain the Union Staff Representative’s signature. The Union agrees that the above provisions shall not be used to bypass the normal grievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The 8.01 Definition: A grievance is defined to be any difference that may arise between the parties agree that the time limits to: 8.01.01 Any matter relative to rate of pay, wages, hours of employment, and other conditions of employment concerning health, safety, and general welfare as set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General HolidaysAgreement. 7.1.1 In 8.01.02 Any matter involving an alleged violation of any of the event that provisions of this Agreement. 8.02 An individual Employee will have the union misses a right at any time limit, to present his/her grievance to the school district and to have the grievance fully adjusted without the intervention of the Unit or its representatives, as long as the adjustment is deemed to be abandoned. 7.1.2 In not inconsistent with the event that terms of this Agreement. At the employer misses time of the initiation of such a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievancespersonally presented grievance, the Employer acknowledges the rights and duties of will notify the Union Grievance Committee and StewardsPresident, that same day that such proceedings have begun. The role At the time of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature any adjustment of the grievance, the articles Union President or clauses his/her designee will be given the opportunity to be present. No adjustment will be made at unusual times or in such a manner to deny the Union President or his/her designee the opportunity to be present. In those instances where an adjustment is reached without the presence of the collective agreement which are alleged to be violated Union President or his/her designee, the circumstances surrounding the grievance and the remedy or correction that adjustment will be submitted to the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor Union President in writing within ten five (105) consecutive working days of the event final adjustment. 8.03 If more than one (1) Employee has a similar complaint, within the definition of a grievance as outlined above, which led has been discussed at Step 1, and it is mutually agreed by both parties to this Agreement to be of a single common nature, the grievance will be deemed a Class Action Grievance and the Union President or his/her designee may file this Class Action Grievance at Step 2 in an xxxxxxx attempt to resolve the problemlieu of individual grievances. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance.8.04 Step 1 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. 8.04.01 Within ten (10) consecutive workdaysworking days of knowledge by the Employee of an alleged violation, the Union Employee and/or Xxxxxxx shall submit discuss the problem with the Employee's immediate supervisor per the grievance Chain of Command, Appendix "C", page 70. A meeting will be convened by the Supervisor of the classification in writing attendance will be all parties referenced in the Chain of Command for Step 1 Written evidence of this meeting, signed by all parties, shall be attached to the Assistant Superintendent - Business Services with a copy grievance if proceeding to the Superintendent of Schools outlining: i. the nature of the grievancenext step.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The 9.01 If an employee is not satisfied with the outcome of the informal resolution process described in Article 8, the employee may file a grievance in accordance with this Article 9. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any questions as to whether a matter is arbitrable. For the purposes of this Article, reference to “days” relating to steps in the grievance and arbitration procedures (Article 10) shall exclude Saturdays, Sundays and paid holidays. Time limits referred to in the grievance procedure and arbitration procedures may be extended by mutual agreement, if specified in writing. Both parties agree and understand that the time limits set forth out, both in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is and arbitration procedures (Article 10), must be strictly complied with except by written agreement to extend and failure to do so shall result in the grievance being deemed to be have been abandoned. 7.1.2 In 9.02 Step 1 Complaint: The employee will inform the event that union xxxxxxx of his or her complaint or concern, his or her attempted resolution of the employer misses complaint or concern through the informal conflict resolution procedure described in Article 8, and his or her desire to proceed with a time limitgrievance. The xxxxxxx must submit a written grievance (using the WUCC grievance form), signed and dated by the grievance shall be advanced employee, to the next step employee’s immediate supervisor (or designate) within ten (10) working days following the written decision described in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and StewardsArticle 8. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses remedy sought, and the section(s) of the collective agreement Collective Agreement which are alleged to have been violated must be violated set out in the grievance. Within ten (10) working days of the receipt of the grievance, a meeting will be held with the grievor, a Union xxxxxxx, and the remedy immediate supervisor or correction that manager, with the Employer is requested to makeintention of resolving the grievance. The grievance shall commence at Step 2, Clause 7.6 7.4 An supervisor’s written response will be delivered to the employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of following the event which led to the grievance in an xxxxxxx attempt to resolve the problemmeeting. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the Section 1. A grievance shall be advanced to any disagreement or dispute which arises concerning the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreedapplication, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling meaning or interpretation of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsthis Agreement. The role of the xxxxxxx written grievance shall be to assist with filed using the preparation and presentation of a grievance commencing with clause 7.3 belowprocedure in Section 2. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy Overtime grievances shall be submittedsubmitted directly to the Human Resource Manager. Section 2. Any employee, with notice to the Union, or the Union on the employee's behalf may file a grievance at Step 1 in writingwriting with his/her immediate supervisor, with a copy to the HR Manager within thirty (30) consecutive working calendar days of the event which led alleged action or that date the employee or the Union knew or should have known of the alleged action. The parties agree it is in their mutual interest to resolve problems at the lowest level possible and, therefore will communicate openly at all steps of the process either by phone conversation or meeting. Grievances shall not be frivolous and shall be submitted on the AFSCME Grievance Form and shall contain the articles alleged to have been violated, the specific reasons why the employee feels the articles were violated, and the specific remedy(s) requested. Any grievance that does not fulfill these standards may be found invalid by an arbitrator. a. The Union or the immediate supervisor may request a meeting with the other party to discuss the grievance. The supervisor, grievant or xxxxxxx shall not be required to meet during non-work hours, however, the parties understand that schedules may preclude such meeting unless someone volunteers to attend on non-duty time. If a meeting is held the immediate supervisor's detailed response will be reduced to writing within fifteen (15) calendar days from the date of receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager. b. If no meeting occurs in accordance with (a) above, the immediate supervisor shall give a detailed response in writing within seven (7) calendar days from the date of receipt of the grievance. A copy will be sent to the Union and the HR Manager. Step 2. If the grievance is not resolved at Step 1, it may be appealed to the Program Administrator within fifteen (15) calendar days after the supervisor's response was due. a. The Union or Program Administrator may request a meeting with the other party to discuss the grievance. The Program Administrator, Union xxxxxxx or grievant shall not be required to meet during non-duty hours, however, the parties understand that schedules may preclude such a meeting unless someone volunteers to attend on non-duty time. If a meeting is held the Program Administrator's detailed response will be reduced to writing within fifteen (15) calendar days from the date of receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager. b. If the Program Administrator does not wish to meet in accordance with (a) above, he/she shall respond in writing to the grievance and shall specify within seven (7) calendar days from the nature date of receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager. Step 3. If the grievance remains unresolved at Step 2, it may be appealed to the HR Manager or his/her designee within fifteen (15) calendar days after the response at Step 2 is due. The HR Manager or his/her designee shall respond by either arranging a meeting or responding with a written decision within fifteen (15) days. If a meeting is held the HR Manager or his/her designee shall respond to the employee or Union within fifteen (15) days from the date of the meeting. Step 4. If the grievance remains unresolved at Step 3, the Union may appeal to the Department of Administrative Services within fifteen (15) calendar days following the receipt of the response at Step 3. The Department of Administrative Services shall respond within fifteen (15) calendar days after receipt of the grievance. In the event the response from the Department of Administrative Services is acceptable to the Union, such response shall have the same force and effect as a decision or award of an arbitrator, and shall be final and binding on all and they will abide thereby. Section 3. Time limits may be extended by agreement of the parties confirmed in writing. Section 4. The Union or the grievant shall not expand upon the original elements and substance of the written grievance. Prior to Step 3 of the Grievance Procedure, the Union or the employee may however, modify for the purpose of clarity, the articles or clauses of the collective agreement which are alleged to be cited as being violated and the remedy or correction that requested prior to filing at Step 3 of the Grievance Procedure. Improper expansions may, however, be the basis for an arbitrator to find a grievance invalid if the Employer is requested to makehas identified the problem by the Step 4 response. The grievance shall commence All so called "group" grievances must be specific at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days initial step of the event which led to grievance procedure and must detail the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdaysarticles violated, the Union shall submit employees affected and the reasons for both. Issues of vagueness and/or overbreadth remaining at the time of arbitration may be the basis for an arbitrator to find a group grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceinvalid.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree A grievance is defined as a dispute limited to the application or interpretation of this Agreement, except that complaints which allege a violation of the time State Merit Rules may be processed under this procedure through Step Four. 7.2 Employees whose attendance is required by the grievance procedure (as outlined in this Agreement) may attend hearings during their regularly scheduled working hours without loss of compensation. Employees attending such hearings outside of regularly scheduled working hours shall not be eligible for pay for attendance at such hearings. 7.3 Time limits as set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure Agreement may be extended for such time as mutually agreedextended, in writing, by agreement of the Employer and parties. If no extension is requested by the Union, the grievance will be considered settled on the basis of the State’s decision; however, if the State fails to request an extension of time, the grievance may be processed at the next level of the procedure. 7.2 In order 7.4 Employees and their immediate supervisor are encouraged to provide discuss disagreements that may arise under this Agreement and seek and agree upon remedies consistent with the terms set forth in the agreement. Where this cannot be achieved to the satisfaction of an employee, recourse shall be through the grievance procedures commencing at Step 1, other than for an orderly and speedy process appeals of dismissals or suspension, or for the settling of class grievances, the Employer acknowledges the rights and duties all of the Union Grievance Committee and Stewards. The role of the xxxxxxx which shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence filed initially at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have To facilitate the right to originate grievances on behalf efficient administration of any employee who feels this Agreement, it is understood that she has whenever a grievanceState official is specified herein, a designee may be substituted. 7.6 Failing Grievance requests must be submitted in writing and include a brief description of the alleged violation, date of violation and the collective bargaining section allegedly violated and signed by the employee(s) and appropriate Xxxxxxx, and must be submitted to resolve DSCYF Labor Relations electronically at XXXXX_xxxxx_xxxxxxxxx@xxxxxxxx.xxx or by U.S. mail at 0000 Xxxxxxxxx Xx, Xxxxxxxxxx, XX 00000 within the timeline as outlined below. 7.7 A copy of the written decision shall be distributed to the grievant and those Union representatives present at the grievance during the discussion with the employee's supervisormeeting, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. President, within the nature of the grievancetimeframes as outlined in this Article below.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 5.01 Should any disagreement arise between the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, Employer and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by any employee or employees or between the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for , over the settling of grievancesinterpretation, the Employer acknowledges the rights and duties performance, or application of the Union Grievance Committee terms of this Agreement, it is agreed the dispute shall be settled in the manner described in this article and Stewardsthe article regarding arbitration. The role If a grievance is filed, it must clearly indicate the nature of the xxxxxxx shall be alleged violation and the clause of the Agreement which is alleged to assist with the preparation and presentation of a grievance commencing with clause 7.3 belowhave been violated. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not filed by an employee as a personal grievance shall begin at the second step of an individual nature but are generally applicable to employees covered by the scope grievance handling procedure. For the purpose of the Grievances and Arbitration Clauses, Saturday, Sunday, and Plant Statutory Holidays shall be excluded from the governing time limits. 5.02 Nothing in this Agreement shall be referred deemed to as a policy grievance. Policy grievances take away the right of an employee to present an employment related problem directly to the Employer provided that no decision shall be submittedmade which is inconsistent with the provisions of this Agreement. 5.03 The Employer agrees to recognize a maximum of six (6) Stewards appointed by the Local from among the employees, in writingany two (2) of whom, within thirty (30) consecutive working days together with the President of the event Local, shall constitute a Grievance Committee to meet with Management. Employees shall not be eligible to serve as Stewards unless they have twelve (12) months or more seniority. 5.04 All grievance meetings will be held after working hours, whenever possible; however, should meetings be held during employees' normal working hours, the employees shall be paid for the hours within their normal schedule. 5.05 The Local Union President or the designated representative will be permitted to enter the Plant at any time to investigate and deal with grievances after first obtaining permission from the representative of the Employer who is in charge at that time. 5.06 It is understood that the Stewards and other officers of the Local have their regular work to perform on behalf of the Employer and will spend only such time during working hours as is necessary to service grievances as provided under the Grievance Procedure. If it is necessary to service a grievance as authorized by this Agreement, they will not leave their regular work without first obtaining the permission of the Supervisor of the shift or department in which led they are respectively employed. It is also understood that a Xxxxxxx or a member of the Grievance Committee shall not enter another department without first obtaining the permission of the Supervisor of such department and notifying the Supervisor as to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated grievance and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problempersonnel involved. 7.5 The Union shall have 5.07 If the right to originate grievances on behalf of any employee who feels that she has employees so elect, a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it Xxxxxxx shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancepresent at all disciplinary meetings.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive steps of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may shall be extended for such time as mutually agreed, in writing, by 17 follows: 19 12.4.1 After first attempting to resolve the Employer and grievance informally with the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances20 nurse’s superior, the Employer acknowledges nurse may file a grievance in writing with the rights and duties 21 department head within fourteen (14) calendar days from the 22 occurrence which is the subject of the Union Grievance Committee and Stewardsgrievance, or from the time the 23 nurse knew or reasonably should have known of such occurrence. 24 The role written grievance shall contain a statement of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedrelevant facts, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify 25 the nature of the grievance, the articles or clauses provisions of the collective labor agreement which are 26 alleged to be have been violated and the relief or remedy requested. 28 12.4.2 Within ten (10) calendar days of the receipt of the written grievance, 29 the Nurse Executive shall either respond in writing to the grievance or correction 30 notify the Association and nurse in writing that the Employer is requested grievance has been 31 referred to make. The the Hospital Administrator. 33 12.4.3 If the grievance shall commence at Step 2remains unresolved by the immediate supervisor, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor then 34 within ten (10) consecutive working calendar days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall Association may submit the 1 grievance in writing to the Assistant Superintendent - Business Services Hospital Administrator. The Hospital 2 Administrator will, within ten (10) calendar days of receipt of the 3 grievance, conduct a conference with a copy the affected parties for the 4 purpose of resolving the grievance. A written response to the Superintendent of Schools outlining: i. 5 Association and nurse shall be made by the nature Hospital Administration 6 within five (5) calendar days after the conference. 8 12.4.4 If the grievance is not resolved after the receipt of the grievancewritten response 9 from the Hospital Administration, then the Association may, within ten 10 (10) calendar days thereafter, notify the Hospital Administrator in 11 writing of its desire to submit the matter to arbitration under the 12 following procedures: 14 a. The Association and Hospital shall select one arbitrator, but if they 15 cannot agree upon an arbitrator within a period of ten (10) calendar 16 days, then the ONA may request a list of nine (9) arbitrators from the 17 Federal Mediation and Conciliation Service (FMCS) and the parties 18 shall alternately strike one (1) name, and the last name remaining 19 shall be the arbitrator. The parties agree that FMCS shall be required 20 to provide a list of Northwest arbitrators. All arbitrators on the FMCS 21 provided list must actually have as his or her primary residence a 22 location in Oregon, Washington or Idaho as of the date such arbitrator 23 is selected by the parties. 25 b. The arbitrator’s fee shall be borne by the loser as determined by the 26 arbitrator. Each party shall be responsible for the costs of presenting 27 its case to arbitration. 29 c. No question, issue or matter shall be considered or decided in 30 arbitration except the claimed violation of a specific provision of this 31 Agreement as contained in the written grievance submitted to the 32 Hospital Administrator, or those contained in a written stipulation 33 between the parties. The arbitrator shall have no authority to add to, 34 modify or detract from this Agreement and may only consider the 1 claim based upon a specific provision of this Agreement. The 2 arbitrator shall render his/her decision as soon as possible and in no 3 case later than thirty (30) calendar days after the hearing has been 4 closed or briefs have been submitted, whichever is later. 6 d. Either party may make a verbatim record of the arbitration proceeding, 7 or both parties may share jointly the cost of making or transcribing 8 such record. 10 e. Decisions on all questions properly submitted to arbitration and within 11 the scope of the arbitrator’s authority shall be final and binding upon 12 the parties. 14 12.4.5 The grievant and one (1) nurse representative may be authorized by 15 their immediate supervisor(s) to process a grievance without loss of 16 regular pay, so long as such activity does not exceed one (1) hour per

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 A. 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 Association 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 be filed within fifteen (15) days of the event, occurrence or circumstances constituting the subject matter of the grievance. D. The parties, recognizing that an orderly grievance procedure is necessary, agree that each step must be adhered to within the designated time period; provided, however, that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by upon mutual agreement of the Employer Association and the UnionEmployer. 7.2 In order E. If either party fails to provide for timely appeal an orderly and speedy process for answer at any step after Step 1 of the settling Grievance Procedure, said grievance shall automatically progress to the next 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 last answer. Exception is also made with regard to medical grievances, where the Employer acknowledges the rights and duties Association shall have an additional 60 days from receipt of the Union Grievance Committee and Stewards. The role Employer's answer. F. Every Employee of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union bargaining unit shall have the right to originate present a grievance in accordance with the procedure provided herein. The informal resolution of differences or grievances on behalf is encouraged at the lowest possible level of any employee who feels that she has a grievancesupervision. 7.6 Failing G. Immediate supervisors, commanding officers and reviewing officers shall consider promptly all grievances presented to resolve them and, within the grievance during the discussion with the employee's supervisorscope of their authority, it take timely action as is required. H. Grievances shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing processed according to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancefollowing procedures:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that Section 1. A grievance is any dispute which may arise concerning the time limits set forth application, meaning or interpretation of this agreement which shall be settled in the following manner. Section 2. All dues paying members who file a grievance shall be accompanied by a union representative at each step of the grievance procedure. However, nothing in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that require the union misses to process grievances from employees who are not dues paying members of I.A.F.F., Local 3531. Employees of the bargaining group who are not dues paying members may file grievances on their own behalf and do not have to notify the union of their intent to file a time limit, the grievance is deemed grievance. Any threat towards an employee in an effort to be abandoned. 7.1.2 In the event that the employer misses prevent such employee from filing a time limit, the grievance shall be advanced to a violation of this contract. Section 3. The employee, either alone or accompanied by the next step in representative, shall present the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may as set forth below. Every effort will be extended for such time as mutually agreed, in writing, made by the Employer employees, the Union and the Union. 7.2 In order County to provide for an orderly adjust grievances informally and speedy process for promptly at the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsfirst step with his/her immediate supervisor. The role of the xxxxxxx shall Note: All grievances will be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered accompanied by the scope of this Agreement shall approved grievance tracking sheet which will be referred to as a policy grievancesigned by each party at each step. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction It is expected that the Employer is requested to makeeach Step 1. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with be presented orally to the employee, will discuss it with the employee’s 's immediate supervisor within ten (10) consecutive working calendar days from the time the employee or the Union knew or by reasonable diligence should have known of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 question. The Union supervisor shall have the right to originate grievances on behalf of any employee who feels that she has reach a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, decision and communicate it shall be dealt with as follows: a. Within within ten (10) consecutive workdayscalendar days to the employee and his representative if one was present. NOTE: For clarification, an example of the Union shall submit time limits would be that if a grievance is filed on the 5th of the month, then the deadline for response would be the end of business on the 15th). Step 2. If the employee is not satisfied with or does not receive a timely reply in Step 1, within ten (10) calendar days thereafter the grievance shall be presented in writing to the Assistant Superintendent - Business Services appropriate Deputy Fire Chief. The Deputy Fire Chief shall meet with a copy the employee (and his/her representative where applicable) and reply in writing within ten (10) calendar days after receipt of the written grievance. Decisions reached in Steps 1 and 2 shall not be used as precedents for any subsequent cases unless mutually agreed to the Superintendent contrary in writing. Step 3. If the employee is not satisfied with or does not receive a timely reply in Step 2, within ten (10) calendar days thereafter he/she or they may present the written grievance to the Fire Rescue Chief. The Fire Rescue Chief shall meet with the aggrieved employee (and representative, if applicable), within ten (10) calendar days after receipt of Schools outlining: i. the nature written grievance and endeavor to reach an adjustment of the grievance. The Fire Rescue Chief shall give a written answer within ten (10) calendar days of this meeting. Step 4. If the employee is not satisfied with or does not receive a timely reply Step 5. If the Union or the employee is not satisfied with the Deputy County Manager’s resolution of the matter, he/she or they may proceed to those procedures and conditions of Article V (Arbitration). Section 4. Time limits may be extended upon mutual consent in writing by the employee or the Union and the County. The Deputy Fire Chief, the Fire Rescue Chief and the Deputy County Manager may appoint designees to handle grievances on their behalf. Section 5. The Union may present a reasonable number of witnesses if it so requests when the matter is taken to Step 3 of the grievance procedure. Section 6. Fire Rescue Division management will notify the union (in writing) when a grievance is filed by anyone in the bargaining unit. Section 7. Nothing in this Article shall preclude the Union from taking a matter to the Public Employees Relations Commission in an appropriate case. Section 8. For bargaining group personnel. Article IV supersedes the Employee Handbook grievance procedure in all cases. EXCEPT when the issue is Termination, Performance Improvement Probation, Suspension Without Pay, or Involuntary Demotion; when a bargaining group employee is recommended for termination, performance improvement probation, suspension without pay, or involuntary demotion, such employee has ONE of the following choices: 1. He/she may initiate a "contractual" grievance, which may allow them to eventually go to arbitration (Article V), if necessary, and if the issue meets all requirements to go to arbitration. In this case, the grievance must be filed starting at Step 3 (Fire Rescue Chief) within ten (10) calendar days of the recommendation for such disciplinary action, but the action may take effect immediately when the employee is given notice of such disciplinary action. This means' for example, if an employee is terminated, the termination may take place immediately, and there is NO provision for the employee to be placed on PAID suspension during the rest of the entire process. However, if the decision to terminate (for example) is over-turned during the process, the employee may be reinstated and may be eligible for back pay to the date of termination. 2. Within seven (7) calendar days, the employee may choose to request a Pre- Disciplinary Hearing under the terms and conditions of the Employee Handbook, Sections 13.01 and 13.02, which does provide that the employee may be placed on PAID suspension until such time as the Hearing Officer makes his/her decision. If this option (2) is selected by the employee, then the next and ONLY other administrative redress (appeal) they may seek is a hearing in front of the Employee Relations Council, per Employee Handbook section 13.03 (and under procedural rules, section 13.05). Section 9. Whenever a member covered by this agreement is subject to an investigation, such investigation shall start as expeditiously as possible, but no later than ten (10) calendar days of management’s knowledge of the incident which required the investigation. The investigation must be complete within twenty-one (21) calendar days of the beginning of such investigation. If more time will be required to begin or to complete the investigation, the investigating officer shall explain, in writing, as to the need for the extension of the investigation to the union representative responsible for any and all union grievances. Any and all investigative findings (discipline or absolve) of such investigation shall be brought to the attention, in writing, to the firefighter being investigated within seventy-two (72) hours of the completion of the investigation as to not have any member covered by this Agreement endure undue stress in their working environment. Nothing in Section 9 applies to a criminal investigation performed by an outside law enforcement agency.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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GRIEVANCE PROCEDURE. 7.1 10.01 The parties agree that Association shall notify the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreedBoard, in writing, by as to the Employer and names of the Unionexecutive members or stewards on the Grievance Committee. The Grievance Committee of the Association shall not exceed three (3) members. 7.2 In order to provide for 10.02 Should a dispute arise between the Board and any employee (s) regarding the interpretation, meaning, operation, or application of this Agreement, an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx effort shall be made to assist with settle the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with dispute in the presentation of a grievance during working hours she following manner: Step 1 The aggrieved employee (s) shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by submit the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, to the Board's designated administrator within thirty fifteen (3015) consecutive working days of the event which led to alleged incident, stating the grievance and shall specify article in the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be current Agreement violated and the remedy or correction that the Employer is requested to makeredress sought. The grievance administrator shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor render his decision within ten (10) consecutive working days after receipt of the grievance. This decision will be sent to the aggrieved employee and a copy to the Association's secretary in writing. Step 2 Failing satisfactory settlement under Step 1, the employee (s) concerned will submit the written grievance to the Board within fifteen (15) working days after receipt of the decision in Step 1. If the griever so wishes, they may be accompanied by the Grievance Committee. The Board shall render their decision within fifteen (15) working days after the meeting date or within five (5) working days after the next regularly scheduled board meeting, whichever occurs first. Step 3 Failing satisfactory settlement being reached in Step 2, the Association shall indicate their intent to proceed or not proceed to arbitration within five (5) working days of the event which led to Board's decision. 10.03 The time limits as specified in clause 10.02, may be extended by mutual agreement between the Board and the Association. 10.04 Grievances settled satisfactorily within the time allowed shall date from the time of the incident. 10.05 The Board will supply the necessary accommodations for the grievance in an xxxxxxx attempt to resolve the problemmeetings. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has 10.06 A member may bring a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature member of the grievanceexecutive or a member of the Bus Drivers’ Association to any grievance meetings.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 8.01 Any grievance arising concerning the time limits set forth in this article interpretation, application, administration or alleged violation of the Contract Agreement shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays.dealt with in accordance with the following procedure: 7.1.1 Step 1: The Employee must present his grievance verbally to his or her immediate supervisor within five (5) working days after the incident giving rise to the grievance becomes known by the Employee. The supervisor shall reply verbally to the Employee regarding the grievance within three (3) working days. In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limitnot satisfactorily settled at this step, the grievance shall be advanced proceed to the next step in the grievance procedureStep 2. 7.1.3 Step 2: The time limits specified in grievance shall be referred by an Employee to a Xxxxxxx or an Officer of the grievance procedure Association. If the Association considers that there may be extended a reasonable basis for such time as mutually agreedthe grievance, the Association shall state the matter, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify indicating the nature of the grievance, the articles section or clauses sections of the collective agreement which are alleged to be have been violated and the remedy or correction that redress sought. This written grievance must be presented to the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor Supervisor within ten five (105) consecutive working days of the event which led Supervisor's verbal reply to Step 1. The Supervisor and the Association shall endeavour to arrange a satisfactory settlement. If such settlement cannot be arranged, the Supervisor shall provide a written answer to the grievance in an xxxxxxx attempt to resolve within five (5) working days of receiving the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing Step 3: If the written reply in Step 2 is not satisfactory, the Association President or designate shall advise the Division Senior Vice President or designate within three (3) working days of the Association's desire to resolve proceed to the next step. The Division Senior Vice President shall arrange for a meeting to take place to discuss the grievance during within a further two (2) working days. The Division Senior Vice President, the discussion with Association President, the employee's supervisor, it Xxxxxxx and Supervisor shall be dealt with as follows: a. Within ten (10) consecutive workdaysin attendance at this meeting. If no settlement is reached, the Union grievance shall submit the grievance in writing proceed to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancearbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The Section 1. A grievance is defined as a dispute between the Authority and the Union con- cerning the meaning, interpretation and/or application of this Agreement, including disci- xxxxx or discharge. Section 2. A grievance as defined in this Article may be initiated by the Union, by any em- ployee, or the Authority. Once a grievance is initiated by one party, the other parties agree that are barred from raising the same grievance. Section 3. No grievance shall be entertained or processed unless it is filed within the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses herein. If a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced not appealed to the next step in the grievance procedurepro- Section 4. The parties may agree in writing to extend any time limits. 7.1.3 The Section 5. If a party fails to provide a response or fails to meet within the time limits specified set forth herein, the grievance may be immediately appealed to the next step of the grievance procedure; the failure to provide a response within the time limits set forth herein shall not constitute a waiver of the party’s right to oppose the grievance. Section 6. In processing grievances against the Authority, the following steps shall be fol- lowed in accordance with Sections 1-5: Step 1: The aggrieved employee, with the Union representative, shall discuss the grievance with the employee’s immediate supervisor within seven (7) days after the employee is notified of the MTPD action giving rise to the griev- ance. When the MTPD action giving rise to the grievance is discipline re- flected in a written notice to the employee, the grievance shall be initiated within seven (7) days after the employee receives the written notice of the discipline. All documents necessary to support the action taken shall be provided to the employee. The supervisor shall attempt to adjust the griev- ance and shall respond orally to the employee within seven (7) days after the discussion. Step 2: If the grievance is not settled at Step 1, the Union shall file a written griev- ance with the supervisor designated by MTPD within seven (7) days of the Step 1 response. The written grievance shall contain a brief statement of facts describing the complaint, a statement of the provisions of this Agreement alleged to be violated, and a statement of the relief requested. The supervisor shall give a written response to the Union and to employ- ees named in the grievance procedure within seven (7) days after receipt of the writ- ten grievance. Step 3: If the grievance is not settled in Step 2, the Union shall file a written griev- ance with the Chief or his designee within seven (7) days after receipt of the Step 2 response. The parties shall meet within fourteen (14) days to try to resolve the grievance. The Chief or his designee shall give a written response to the Union and to employees named in the grievance within seven (7) days after the discussion. Step 4: If the grievance is not settled at Step 3, the employee may be extended for such time as mutually agreed, in writing, by appeal to the Employer Trial Board or the Union may invoke arbitration but not both; a timely Trial Board appeal will take precedence over a timely invoking of arbitration. When an employee appeals to the Trial Board and the Union. 7.2 Union invokes arbi- tration for other employees involved in the same grievance, the decision of each tribunal will be binding on the respective employees. In order to provide for an orderly and speedy process for the settling of grievancesin- voke arbitration, the Employer acknowledges Union will serve notice of intent to appeal to the Section 7. In processing grievances against the rights and duties Union, the following steps shall be fol- lowed in accordance with Sections 1-5: Step 1: MTPD shall file a written grievance with the Chairman of the Labor Committee within fourteen (14) days after MTPD is notified of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led action giving rise to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2contain a brief state- ment of facts describing the complaint, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days statement of the event which led provisions of this Agreement alleged to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has be violated, and a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature statement of the relief re- quested. The parties shall meet within fourteen (14) days to discuss the grievance. The Chairman of the Labor Committee shall give a written re- sponse to MTPD within seven (7) days after the discussion.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE PROCEDURE. 7.1 8.1 The purpose of this grievance procedure is to provide an orderly method for the prompt resolution of grievances that arise during the term of the Labor Agreement. A grievance is defined as dispute involving the interpretation or application of the provisions of the Agreement. Employee(s), the Union, or the Company shall have access to the grievance procedure for the resolution of disputes. 8.2 The Union shall not be required to process an employee’s grievance, if in the Union’s opinion, the grievance lacks merit. The Union shall be the exclusive representative of the employee with respect to the processing, disposition, and/or settlement of any grievance, including hearings and final decisions of Arbitrators. 8.3 It is the intent of the parties agree that the time limits set forth referred to in this article shall be mandatorystrictly adhered to; however, exclusive of Saturdays, Sundays, they may be waived or extended by mutual agreement between the Union and General Holidays. 7.1.1 In Company. If the event that Company fails to answer a grievance within the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limitspecified, the grievance shall be advanced automatically advance to the next step in the grievance procedure. If the employee or Union fail to file or advance a grievance within the time specified, the grievance shall be considered waived. 7.1.3 8.4 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx employee shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of first discuss the grievance, the articles except suspension or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2discharge, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten seven (107) consecutive working days regular workdays from the date of occurrence. The supervisor shall provide the employee with his/her answer within seven (7) regular workdays. Regular workdays are defined as Monday trough Friday excluding holidays. 8.5 In the event, the matter is not resolved in the preceding step; it shall be referred to the Company’s General Manager, or his delegate, and the Union’s Business Representative within seven (7) regular workdays of the event which led to supervisor’s answer. The submission shall be in writing, and include: (a) a statement of the grievance and relevant facts; (b) specific provision(s) of the Labor Agreement allegedly violated; and (c) the remedy sought to redress the grievance. Grievances involving suspension or discharge must be initiated at this step in an xxxxxxx attempt to resolve the problemgrievance procedure within three (3) regular workdays from the date of occurrence. 7.5 The (a) If the Union shall and the Company have failed to settle the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve matter at the grievance during the discussion with the employee's supervisorpreceding Step within seven (7) regular workdays, it shall be dealt with as follows:referred to a Board of Adjustment consisting of four (4) members; two (2) appointed by the Company, and two (2) appointed by the Union. a. Within ten (10b) consecutive workdays, the Union shall submit Both parties to the grievance in writing shall present their position on the matter to the Assistant Superintendent - Business Services with Board of Adjustment. The Board of Adjustment shall have the authority to arrive at a copy majority decision, which shall be final and binding upon the employee, Union, and Company. (c) If the members of the Board of Adjustment fail to the Superintendent meet within fourteen (14) regular workdays from receipt of Schools outlining: i. the nature written notification of the grievance, the grievance may be deferred to arbitration. (d) All decisions of the Board of Adjustment shall be in writing and a copy sent to the Company involved, the employee involved, and the Union. 8.7 If the matter is not resolved within fourteen (14) regular workdays from the date it was referred to the preceding step, either the Union or Company may move the grievance or arbitration by serving written notice to the other party within seven (7) regular workdays from the expiration of the fourteen (14) regular workday period. 8.8 In the event such notice is served, the parties shall attempt to select an arbitrator. Failing to do so, they shall request a panel of seven (7) qualified arbitrators to be furnished by the Federal Mediation and Conciliation Service. Selection of the arbitrator shall be by the Union and then the Company alternately strikes a name from the list until only one (1) name remains as the arbitrator chosen. 8.9 The arbitrator is authorized to issue a written decision that shall be final and binding upon the Union, Company, and employee(s) provided, however, the arbitrator shall have no authority to add to, delete from, disregard or alter any of the provisions of the Labor Agreement. The sole function of the arbitrator is to interpret the provisions of the Agreement as they may apply to the specific facts of the issue in dispute. By accepting appointment, the arbitrator agrees to render a decision within thirty (30) calendar days from the latter of the close the hearing or receipt of post-hearing briefs. Fees and expenses of the arbitrator shall be borne by the losing party or, in the case of a split decision, as determined by the arbitrator. All other expenses shall be borne by the party which incurs them. 8.10 Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits of a grievance. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 19.1 All communications regarding grievances shall be in writing. 19.2 A grievance shall be an alleged violation, misinterpretation, misapplication of any of the provisions of this contract. The parties agree following matters shall not be the basis of any grievance filed under the provisions outlined in this article: 19.2.1 The termination of services of or failure to re-employ any probationary teacher whose performances were evaluated unsatisfactory. 19.2.2 The termination of services or failure to re-employ any teacher to a position on the extracurricular schedule. 19.2.3 The Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the Superintendent or his designated representative to act at Level Two as hereinafter described. 19.2.4 It is expressly understood that the time limits set forth grievance shall not apply to specific cases of discharge or demotion under the tenure act. 19.3 A grievance, to be considered, must be the subject of an informal meeting in accordance with Section 19.4 within twenty (20) days of the occurrence. If this article requirement is not satisfied, the issue will be non-grievable. A teacher or the Association may file grievances subject to the terms of this agreement. 19.4 The first step of the grievance procedure shall be mandatoryan informal meeting between the grievant(s), exclusive of Saturdays, Sundays, the Association and General Holidaysthe Board's representative. This meeting shall occur within the twenty (20) days mentioned in 19.3. 7.1.1 In 19.5 If the event that meeting at the union misses a time limit, informal level is with the grievance is deemed to be abandoned. 7.1.2 In building principal and if the event that parties cannot agree and resolve the employer misses a time limitissue, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreedfiled, in writing, by with the Employer and principal within five (5) days of the Unionmeeting held at the principal's level. The principal shall respond, in writing, to the grievance within five (5) days of receipt of the written grievance. 7.2 In order to provide for an orderly and speedy process for 19.6 If the settling of grievancesgrievant(s) is still not satisfied with the response, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx grievance shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedtransmitted, in writing, within thirty five (305) consecutive working days of the event which led days, to the grievance and shall specify the nature Superintendent of Schools. Upon receipt of the grievance, the articles or clauses Superintendent shall have seven (7) days to meet with the grievant(s) and discuss the grievance. The Superintendent shall, within five (5) days of the collective agreement which are alleged meeting at his/her level, respond, in writing, and give his disposition of the grievance to be violated the grievant(s). If the grievance arises in more than one building and if the remedy or correction that the Employer grievance is requested to make. The grievance shall commence at Step 2therefore filed directly, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Unionin writing, who, along with the employeeSuperintendent, will discuss it with the employee’s supervisor within he/she shall have ten (10) consecutive working days to meet with the grievant(s) and discuss the grievance. The Superintendent shall then, within five (5) days of the event which led meeting, respond in writing and give his/her disposition of the grievance to the grievance in an xxxxxxx attempt to resolve grievant(s). Written grievances as required herein shall contain the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as followsfollowing: a. Within ten (10It shall be signed by the grievant or grievants; b. It shall be specific; c. It shall contain a synopsis of the facts giving rise to the alleged violation; d. It shall cite the section or subsections of this contract alleged to have been violated; e. It shall contain the date of the alleged violation; f. It shall specify the relief sought. 19.7 If the grievant(s) consecutive workdaysis not satisfied with the response from the Superintendent, the Union grievance shall submit be transmitted, in writing, within five (5) days from the grievance in writing time the grievant(s) receives the Superintendent's response, to the Assistant Superintendent - Business Services with a copy to the Superintendent Board of Schools outlining: i. the nature Education through its secretary. 19.8 Within twenty (20) days after receipt of the grievance, the Board shall pass upon it. The Board may hold a hearing thereon or prescribe such procedures as it may deem appropriate for consideration of the grievance, provided that in no event, except with the express written consent of the aggrieved party or parties, shall a final determination of the grievance be made by the Board more than thirty (30) days after its submission to the Board.

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. 7.1 The 16.01 It is the mutual desire of the parties agree hereto that the time limits set forth in this article complaints of employees shall be mandatory, exclusive of Saturdays, Sundaysadjusted as quickly as possible, and General Holidaysit is generally understood that an employee has no grievance until the employee has first given to her/his immediate supervisor an opportunity of adjusting her/his complaint. 7.1.1 In 16.02 A grievance shall be defined as any dispute arising out of the event that the union misses expressed terms or conditions contained within this Agreement. 16.03 A Xxxxxxx may request to be released from his/her regular duties to investigate grievances on Employer time. Requests to conduct such investigations shall not be unreasonably withheld. The Xxxxxxx shall contact his/her supervisor in advance to determine a time limitwhen such investigation will not interfere with the Xxxxxxx’x work and the work of the person with whom the Xxxxxxx wants to meet. 16.04 Grievances concerning disciplinary suspensions or discharges may be submitted at the third step of the grievance procedure. If the grievance is not settled at Step 3, it may be directly submitted to arbitration except as limited in the above paragraph. 16.05 The Employer shall pay employees at their regular wage rate when they are involved in a grievance discussion and meetings with the Employer, when such meetings take place during their regularly scheduled, normal working hours. 16.06 Should the grievance not be resolved at the existing step or should there be no response from the Employer within the specified time limits, the grievance is deemed to may be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced carried to the next step in the grievance procedurestep. 7.1.3 The time limits specified in the 16.07 A group of employees may file a group grievance procedure may be extended for such time as mutually agreed, in writing, which is a grievance that is individual in nature but that affects more one employee, but such group grievances do not cover discipline or discharge matters. All group grievances will be put in writing and signed by the Employer Xxxxxxx, and state the Unionspecific clauses of the Agreement allegedly violated, the redress sought, and a list of the grievors. Group grievances shall be filed at Step No. 3. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, 16.08 If the Employer acknowledges the rights and duties of or the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be wishes to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as file a policy grievance. Policy grievances , it shall be submitted, in writingdo so by providing a written copy of its grievance to the other party, within thirty (30) consecutive working days of the occurrence of the event on which led to the grievance is based. The party that receives the grievance shall answer the grievance in writing within five (5) working days after receipt of same, but if there is no answer given in writing, then it shall be deemed that the claim of the grievor has been refused. If the grievance is not settled by the parties through this procedure, it may be pursued through the grievance procedure, beginning at Step No. 3. 16.09 All grievances shall be processed in the following manner: Step 1: The matter shall be discussed by and between the employee and/or the Union Xxxxxxx or Union Representative, and the immediate Unit Manager and/or designee. The alleged grievance shall specify be presented in writing setting forth the alleged Article(s) and the nature of the grievance, the articles or clauses violation of the collective agreement which are alleged to be Agreement that the Union believes have been violated and the remedy being sought in this matter to the Unit Manager and/or designee within seven (7) working days of its occurrence or correction of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. A reply shall be given by the Unit Manager and/or designee within five (5) working days. Step 2: If the grievance is not settled to the satisfaction of the Union or the grievor, it shall be submitted in writing to the General Manager or their designee within five (5) working days after receiving the reply from Step 1. The appeal shall set forth the alleged facts of the grievance along with the remedy that is being sought. Either the General Manager or their designee or the Union shall request a meeting for the purpose of resolving the grievance prior to the Employer's decision. The meeting shall be held within five (5) working days of being requested and include the employee, the union xxxxxxx involved and/or the Chief Xxxxxxx or their designate. The Union shall have the right, at any time, to be assisted by a Representative of UNITE HERE. Within five (5) working days of the meeting the Employer shall deliver to the Union a written reply, which shall provide for a decision in the matter and the reason(s) for the decision. Step 3: If the grievance is requested not settled to make. The grievance shall commence the satisfaction of the Union at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days after receiving the General Manager or their designee’s reply, shall submit the grievance to the District Manager or their designee. Either the District Manager or their designee or the Union shall request a meeting for the purpose of resolving the grievance prior to the Employer's decision. The meeting shall be held within ten (10) working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. being requested. Within ten (10) consecutive workdaysworking days of the meeting, the Union Employer shall submit the grievance in writing deliver to the Assistant Superintendent - Business Services with Union a copy written reply to the Superintendent of Schools outlining: i. alleged grievance, which shall provide for a decision in the nature of matter and the grievancereasons for the decision.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 ‌ 12.01 The parties agree Employer agrees that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to makeadjusted as quickly as possible. The grievance shall commence at Step 2, Clause 7.6 7.4 An Any employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf have the assistance of any employee who feels that she has a grievance. 7.6 Failing to resolve Union Representative if they so desire during the grievance during procedure. Any grievance or dispute relating to the discussion interpretation, application or alleged violation of this Agreement or relating to any terms or conditions of employment shall be dealt with in the following manner: STEP 1 The aggrieved employee may, together with a representative of the Union if she so chooses, take the matter up verbally with the employee's supervisor, it shall be dealt supervisor within seven (7) calendar days of the aggrieved employee having become aware of the grievance. The Supervisor will set out the Employer’s position in writing regarding the complaint within five (5) calendar days of its being raised with as follows:the Employer. a. Within ten (10) consecutive workdaysSTEP 2 Failing settlement at Step 1, the aggrieved employee together with a Union Representative, shall within seven (7) calendar days after the receipt of the reply of Step 1, submit the grievance in writing to General Manager, who shall render a decision in writing within seven (7) calendar days after the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature presentation of the grievance. STEP 3 Failing settlement at Step 2, the grievance shall be submitted to the Regional Manager of the Employer or designate within seven (7) calendar days after receipt of the reply to Step 2. A meeting shall be held within seven (7) calendar days between the Chief Xxxxxxx or designate and the Regional Manager of the Employer or designate. An answer shall be rendered by the Employer in writing within five (5) calendar days. The Union International Representative shall attend the above meeting at the request of either party. 12.02 It is understood that any of the time limits of the grievance or arbitration procedure may be extended only by written consent of the parties, including electronic correspondence.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that Section 13.1 A grievance is defined as an alleged violation of the time limits set forth in express terms and conditions of this article Agreement. If any such grievance arises, it shall be mandatorysubmitted to the following grievance procedure, exclusive with the parties making every effort to settle the grievance at the lowest possible step. It is understood by both parties that there shall be no suspension of Saturdays, Sundays, and General Holidayswork or interference with the operations of the Library during the processing of a grievance. 7.1.1 In Section 13.2 An employee may file a grievance without Union assistance in accordance with the event provisions of RCW 4l.56.080. The sole remedy available to any employee covered by this Agreement for any alleged breach of this Agreement or any alleged violation of their rights hereunder will be pursuant to the grievance procedure; provided, however, that nothing contained herein will deprive any employee of any legal rights, provided that, if an employee elects to file any legal or statutory remedy, such election will bar any further or subsequent proceedings for relief under the union misses a time limitprovisions of this Article. Section 13.3 Time limits in the following steps may be extended by mutual written consent of the parties. Step 1. The grievance shall be presented by the employee, Union Staff Representative, and/or shop xxxxxxx to the employee's immediate supervisor who initiated the alleged occurrence by the fourteenth (14th) calendar day after an employee or Union could have reasonably known of the occurrence giving rise to the grievance Within fourteen (14) calendar days of receiving the grievance, the supervisor shall respond to the employee and the Union. If the supervisor's response resolves the grievance, no further action is necessary. Step 2. If the supervisor's response does not resolve the grievance, then within fourteen (14) calendar days of the meeting between the supervisor and the employee and the Union representative, the grievance is deemed to may be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced presented to the next step in Manager by the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, employee and/or union representative in writing, by setting forth the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify detailed facts concerning the nature of the grievance, the articles or clauses specific provision(s) of the collective agreement which are alleged to be violated Agreement violated, the remedy sought, and the remedy or correction that reason(s) why the Employer supervisor's response is requested to makenot satisfactory by the fourteenth (14) calendar day. The Manager shall send a written answer stating their position to the employee and the Union representative, within fourteen (14) calendar days of the Step 2 meeting. Where the employee's immediate supervisor is also the Manager, then the grievance shall commence at in Step 2 may be presented to the next authority level, i.e. appropriate Assistant Director. Step 3. If the grievance is not resolved in Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify then by the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten fourteenth (1014th) consecutive working days work day following receipt of the event which led to written response, the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall may be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance presented in writing to the Assistant Superintendent - Business Services with a copy Library Director or designee, who shall reply to the Superintendent employee and the Union representative within fourteen (14) calendar days of Schools outlining: i. the nature receipt of the written grievance. Letters of reprimand shall not be grievable beyond Step 3. Step 4. Alternate Dispute Resolution (Mediation) If the grievance is not settled in Step 3, either the Employer or Union may request, in writing, within fourteen (14) calendar days of the written response at Step 3 to move to Step 4 or directly to Step 5.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 Grievance Defined. A grievance is defined as an alleged violation of the terms and conditions of this Agreement. The Employer and the Union endorse the general proposition that, whenever possible, grievances, complaints and other disputes shall be resolved at the lowest possible level of authority, and specifically directly among the employee, the delegate and the immediate supervisor wherever possible. Both parties agree that will extend efforts to establish a working relationship between the time delegates and immediate supervisors. If any such grievance arises, including but not limited to a grievance concerning a discharge or a substantially excessive continuous workload, it shall be submitted to the following grievance procedure. Time limits set forth in this article shall the following steps may only be mandatory, exclusive extended by mutual consent of Saturdays, Sundays, and General Holidaysthe parties hereto._The grievance process is not available for terminations of probationary or temporary employees. 7.1.1 In Step I: Immediate Supervisor or Department Head. The employee (and the event that the union misses a time limitDelegate, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, if requested by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx employee) shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit present the grievance in writing to the Assistant Superintendent - Business Services with a copy immediate supervisor or department head within fourteen (14) calendar days of the employee's knowledge of the facts that constitute the grievance and the parties shall attempt to resolve the Superintendent problem immediately. A Step I meeting shall be held within fourteen (14) calendar days of Schools outlining: i. the nature receipt of the grievance. The immediate supervisor or department head shall respond in writing to the grievance within fourteen (14) calendar days of the meeting. Step II: Next Level of Supervision. If the matter is not resolved to the employee's satisfaction in Step I, the employee (and the Delegate if requested by the employee) shall present the grievance to the next level of supervision within fourteen (14) calendar days of the immediate supervisor's decision. A Step II meeting shall be held within fourteen (14) calendar days of receipt of the request for Step

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The 5.1 A grievance is defined as a difference between the parties agree that to this Collective Agreement relative to the time limits set forth in interpretation, application or administration of this article shall be mandatory, exclusive of Saturdays, Sundays, and General HolidaysAgreement. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance 5.2 Step #1 - an employee shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty three (303) consecutive working days of the event which led to giving rise discuss the grievance and with the Manager. The Manager shall specify render a verbal decision within two (2) days. 5.3 Step #2 - in the nature event the grievance is not resolved at Step #1, the employee shall within two (2) working days of the Manager's decision present in writing, the facts giving rise to the grievance, the articles or clauses section of the collective agreement which are alleged to be Collective Agreement violated and the remedy or correction that the Employer is requested to makesought. The employees will sign the document. The Manager shall within five (5) working days of receipt of the written employee's grievance shall commence respond in writing to the grievance. 5.4 Step #3 - in the event the grievance is not resolved at Step #2, Clause 7.6 7.4 An employee who feels they have the official Business Representative of the Union shall request a grievance shall notify the Union, who, along meeting with the employee, will discuss it Manager. The meeting with the employee’s supervisor Manager will occur within ten five (105) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employeeManager's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance response in writing to the Assistant Superintendent - Business Services with grievance. 5.5 The decision of the Manager shall be in writing within five (5) working days of the above meeting. 5.6 All time limits as specified herein for the grievance or arbitration procedures may be extended by prior mutual agreement of both parties. 5.7 Either party may file a copy Policy grievance commencing at Step #2 of the Grievance Procedure. 5.8 A claim by an employee that a suspension or discharge is without cause, shall be entered under Step #3 of the Grievance Procedure. The grievances must be in writing and filed within three (3) working days of the suspension or discharge. 5.9 No matter shall be referred to arbitration as set out below, which has not been properly carried through the previous steps of the Grievance Procedure. 5.10 A probationary employee as herein defined shall not have access to the Superintendent of Schools outlining: i. grievance/arbitration procedure. 5.11 The Company shall not be subject to any financial liability for any period more than, up to, thirty (30) working days maximum, prior to the nature date a grievance was filed in writing. 5.12 Any grievance not presented and/or carried forward within the time limits as set forth under any steps of the grievancegrievance procedure and arbitration procedure, or any longer periods which may have been mutually agreed upon, shall be deemed null and void. 5.13 Failing a satisfactory settlement, as in Step Three (3), the grievance may be submitted to arbitration. 5.14 Before any grievance is put to arbitration, the Union and the Company may mutually agree to meet with an independent grievance settlement officer to discuss this matter. The cost incurred during this process will be divided equally between the Union and the Company.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 1 Grievances Presented by the Union a) The parties agree Local shall normally attempt to settle grievances with the levels of Local Management below that of the time limits set forth Operations Director, normally starting with the immediate Supervisor of the Employee or Employees involved. If not settled in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limitthose levels, the grievance is deemed may be taken up with the Operations Director. Grievances not settled by the Operations Director may be transferred to the National and, if so transferred, the Operations Director shall be abandonednotified. 7.1.2 In (1) Except where a shorter period is specifically set forth elsewhere in this Agreement, any grievance under the event that provisions of this Article must be presented to the employer misses Company within ninety (90) days following the occurrence of the action which gave rise to the grievance. b) When a time limitgrievance has been presented to Local Management by the Local, Local Management shall not initiate a further discussion of the grievance with the Employee involved unless the Job Xxxxxxx or other representative of the Local is present. c) Every effort shall be made by both parties to consider and settle grievances as soon as possible. d) When a grievance is presented by a Local and after discussions have been held at the level of presentation, separate statements of the grievance shall be advanced to prepared as follows: (1) Local's statement of grievance. i. View of the next step in facts and circumstances held by the Local. ii. Demand for settlement presented by the Local. iii. Statement of whether the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order is to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy higher level, settled or dropped. (2) Company's statement of grievance. i. View of the facts and circumstances held by the Supervisor. ii. Policy grievances Management's position on the Union's demand. (3) A copy of the separate statements prepared in accordance with Paragraphs 1(d)(1) and 1(d)(2) shall be submittedexchanged. The Local's statement shall be signed by the Job Xxxxxxx or other representative and the Company's statement shall be signed by the Supervisor. (4) If subsequent discussions of the grievance ensue, in writingwhich new views of the facts and circumstances are presented or changes in the respective positions are put forward by either party, separate supplementary statements shall be prepared by the level of supervision and the representative of the Local then considering the grievance, and copies of such statements shall be exchanged. (5) Grievances not settled by the Local may be transferred to the National and, if accepted, the National shall so notify the Company. If the National intends to change the demand or present the grievance on a basis different from the previous presentation, the National shall notify the Company of such change within ten (10) days from the time when such transfer has been so accepted. e) For the purpose of adjusting grievances of Employees who, at the time of the grievance, were represented by the Union, the Company shall recognize the Union as representing: (1) Employees reclassified to a salary-rated non-supervisory occupation, Laid-Off, suspended for disciplinary reasons, or dismissed, provided the grievance is presented to the Company by the Local within thirty (30) consecutive working days after the Employee is reclassified or separated from the payroll, except that where the justification of the event which led to action is involved in disciplinary suspension, or dismissal cases, the provisions of Article 22, Disciplinary Suspension, or Termination of Employment, will apply. (2) Employees granted Leaves of Absence (Special Leave, Sickness Leave, Disability Leave, and Personal Leave of Absence) during the period of the Leaves of Absence and thereafter, if the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancepresented not later than thirty

Appears in 1 contract

Samples: General Agreement

GRIEVANCE PROCEDURE. 7.1 9.01 The parties agree Employer and the Union recognize that grievances may arise concerning: a) differences between the Parties respecting the interpretation, application, operation or alleged violation of a provision of this Agreement, including questions as to whether or not a matter is subject to arbitration; or b) dismissal or discipline of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. The Employer and the Union recognize that the goal of this grievance procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance must be presented and processed in accordance with the steps, time limits and conditions set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidaysherein. 7.1.1 (1) The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee’s option), shall first discuss the grievance with their immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. In this first step, both parties shall make every effort to settle the event that the union misses a time limit, dispute. If the grievance is deemed to be abandoned.not settled at this step, then: 7.1.2 In the event that the employer misses a time limit, the (2) The grievance shall be advanced reduced to the next step in writing within a further seven (7) calendar days by: a. recording the grievance procedure. 7.1.3 The time limits specified in on the appropriate grievance procedure may be extended for such time as mutually agreedform, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify setting out the nature of the grievance, grievance and the articles or clauses circumstances from which it arose; b. stating the article of the collective agreement which are Agreement infringed upon or alleged to be have been violated and the remedy or correction that required; c. the Employer is requested to make. The grievance shall commence be signed by the employee and a Shop Xxxxxxx or Union Committee member; d. the supervisor shall acknowledge receipt of the written grievance by signing and dating the grievance form at Step 2, Clause 7.6the time the grievance is presented; and 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor e. within ten seven (107) consecutive working calendar days of receipt of the event which led to written grievance, the supervisor or the department head shall give their written reply. If the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisoris not settled at this step, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancethen;

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 Section 1. A grievance under this Agreement is a claim by an employee, a group of Section 2. The representative of the Local 459 and the grievant may be present at any or all stages of the grievance procedure. Section 3. No grievance shall be processed or recognized unless notice of it is given pursuant to Step 1 below, within ten (10) work days after the event giving rise to the grievance occurred or should have been known by the employee or the Union, but in no event later than twenty (20) work days after the event giving rise to the grievance. Section 4. The grievance procedure shall consist of the following steps: Step 1: The grievant shall first give specific notice of a grievance and present it either verbally or in writing to his/her immediate supervisor. The parties agree that shall meet within five (5) work days after the time limits set forth in this article notice is received. The xxxxxxx shall be mandatory, exclusive of Saturdays, Sundays, notified and General Holidaysgiven the opportunity to be present at the meeting. The supervisor shall provide the grievant with an answer within two (2) work days after the meeting. 7.1.1 In the event that the union misses a time limit, Step 2: If the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limitnot resolved under Step 1, the grievance shall be advanced reduced to the next step in writing on the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreedform, in writing, by the Employer and the Union. 7.2 In order an example of which is attached to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. Appendix "A." The grievance shall commence at be signed by the employee and the xxxxxxx, and filed with the Executive Director or his/her designee within five (5) work days after the Step 1 supervisor answered the grievance. The Executive Director or his/her designee shall meet with the xxxxxxx and grievant within three (3) work days after the grievance was submitted in writing to discuss the grievance. The Director shall submit a written answer to the grievant and the xxxxxxx present in Step 2 meeting within three (3) work days after said meeting. Step 3: If the grievance is not resolved under Step 2, Clause 7.6 7.4 An employee who feels they the Union shall have a five (5) work days from the date of receipt of the decision in which to appeal the grievance to the Employer's Board of Directors by giving written notice to the President of the Board delivered to the Director's office. The Union xxxxxxx, the representative of OPEIU and the grievant shall notify meet to discuss the Union, who, along grievance with the employeeEmployer's Board of Directors, will discuss it with or its designated committee (which shall consist of no less than three (3) members of the employee’s supervisor within Board), at the Board's next regular meeting but not later than ten (10) consecutive working work days of from the event which led date the appeal was delivered to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceBoard's

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 A. 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 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 be filed within fifteen (15) days of the event, occurrence or circumstances constituting the subject matter of the grievance. D. The parties, recognizing that an orderly grievance procedure is necessary, agree that each step must be adhered to within the designated time period; provided, however, that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties upon mutual agreement of the Union Grievance Committee and Stewards. The role the Employer. E. If either party fails to timely appeal an answer at any step after Step 1 of the xxxxxxx Grievance Procedure, said grievance shall be automatically progress to assist the next step in accordance with the preparation and presentation of procedures contained herein. Exception is made in those instances where the parties have agreed to settle a grievance commencing with clause 7.3 below. When a xxxxxxx assists with on the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days basis of the event which led last answer. Exception is also made with regard to medical grievances, where the grievance and Union shall specify the nature have an additional 60 days from receipt of the grievance, the articles or clauses Employer's answer. F. Every Employee of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union bargaining unit shall have the right to originate present a grievance in accordance with the procedure provided herein. The informal resolution of differences or grievances on behalf is encouraged at the lowest possible level of any employee who feels that she has a grievancesupervision. 7.6 Failing G. Immediate supervisors, commanding officers and reviewing officers shall consider promptly all grievances presented to resolve them and, within the grievance during the discussion with the employee's supervisorscope of their authority, it take timely action as is required. H. Grievances shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing processed according to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancefollowing procedures:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 6.1 Recognizing that the terms of the Agreement may be subject to different interpretations, both the City and the Union should have recourse to an orderly means of resolving any situation resulting in a grievance. The parties agree following outline of procedure by which grievances shall be processed is written as for a grievance of the Union against the City, but is understood that the steps are similar for a grievance of the City against the Union. 6.2 A contract grievance in the interest of a majority of the employees in the bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the contract grievance procedure and be processed within the time limits set forth in this article herein. 6.2.1 Grievances shall be mandatory, exclusive filed at the Step in which there is authority to adjudicate such grievance within twenty (20) business days of Saturdays, Sundays, and General Holidaysthe alleged contract violation. (Business days are defined as Monday through Friday excluding recognized city holidays [not to include personal holidays].) 7.1.1 In 6.3 Arbitration awards or grievance settlements shall not be made retroactive beyond the event that date of the union misses a time limit, occurrence or nonoccurrence upon which the grievance is deemed based, that date being twenty (20) business days or less prior to be abandonedthe initial filing of the grievance. 7.1.2 In Step 1: As the event that the employer misses a time limitinitial step, the grievance shall be advanced presented by the Union Xxxxxxx to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties employee’s immediate supervisor (who is outside of the Union Grievance Committee and Stewards. The role Bargaining Unit) in writing stating the section of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, agreement allegedly violated within thirty twenty (3020) consecutive working business days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to makecontract violation. The grievance immediate supervisor shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have provide a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor written response within ten (10) consecutive working business days after being notified of the event which led grievance with a copy of the response provided to the grievance in an xxxxxxx attempt to resolve Union Xxxxxxx and the problememployee. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve Step 2: If no settlement is arrived at in Step 1, the grievance during may be referred in writing by the discussion with employee or the employee's supervisorxxxxxxx to the Business Manager or designee of the Union. If the Business Manager or designee decides that the grievance should be forwarded to the Department HR Director or designee and the City Director of Labor Relations or designee, he/she shall submit it shall be dealt with as follows: a. Within in writing within ten (10) consecutive workdays, business days after the Union shall submit Step 1 response. The grievance should set forth the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent following: A. A statement of Schools outlining: i. the nature of the grievance and the facts upon which it is based. B. The remedy or correction which it is desired that the City will make. C. The Section or Sections of the Agreement relied upon as being applicable thereto. D. When a grievance is so presented, the Department HR Director or designee shall, within ten (10) business days schedule a meeting to discuss the grievance. The City shall reply in writing within ten (10) business days from the date of the meeting. Should the parties agree to forego such a meeting, the City shall, within ten (10) business days from the grievance being so presented, investigate and reply to the Union in writing. Step 3: If no settlement is reached at Step 2, the grievance shall be submitted within ten (10) business days after the Step 2 answer or if the contract grievance is initially submitted at Step 3, within twenty (20) business days, to the Director of Labor Relations, or his/her designee shall convene a meeting between representatives from the Union and representative from the City who shall endeavor to settle the grievance. The Director of Labor Relations or his/her designee shall make a confidential recommendation to the affected Department Head who shall, in turn, give the Union an answer in writing within ten (10) business days after the meeting between the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 16.01 The procedure for resolving differences between the parties agree that the time limits set forth in bound by this article Agreement concerning its interpretation, application, operation or any violations thereof shall be as follows: (a) All employees are encouraged to make an xxxxxxx effort to resolve issues directly with the management persons to whom the employee reports. (b) An employee shall file his grievance in writing within seven (7) days of his having an opportunity to become aware of his grievance. This time limit is mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In if it is not complied with (provided it has not been waived by the event that the union misses a time limitparties), the grievance is shall be deemed to be abandoned. 7.1.2 In (c) The employee’s Manager or his designate shall have seven (7) days to attempt to meet with the event grievor to attempt to resolve the grievance. If they are unable to resolve the grievance within that the employer misses a time limittime, the grievance will automatically be referred to the General Manager. (d) The General Manager or his designate in the event he is absent, and a representative of the Union, shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within seven (7) days of its being referred to the General Manager, it shall be advanced deemed that the grievance procedure has been exhausted. (e) Either party must refer the matter to arbitration within 30 days, failing which the grievance will have been deemed to be abandoned. 16.02 All disciplinary action may be subject to the next step in the grievance and arbitration procedure. 7.1.3 The time limits specified 16.03 Both the Union and the Employer may file policy grievances in regards to this Agreement by providing written notice of the grievance procedure may be extended for such time as mutually agreedto the other party. Upon the filing of a policy grievance, in writing, by representatives of the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, meet within thirty fourteen (3014) consecutive working days of the event which led to date the grievance and shall specify was filed. If the nature grievance is not resolved through this meeting, step (d) of the grievance, grievance procedure will apply. 16.04 A policy grievance cannot be used to avoid the articles or clauses of time limits set out in Article 16.01. 16.05 Where the collective agreement which are alleged parties proceed to arbitration a single arbitrator will be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt selected to resolve the problemdispute. If the Union and the Employer are unable to agree on a single arbitrator, the Chair of the Labour Relations Board will be asked to appoint one. The arbitrator so agreed or appointed will meet jointly with both parties as quickly as practical to hear the dispute, and each party may present evidence and make both written and oral presentations. The arbitrator shall not have power to change, modify, extend or amend this Agreement. The decision of the arbitrator will be final and binding on both parties. 7.5 16.06 Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The Union fees and expenses of the Arbitrator shall have be shared equally between the right to originate grievances on behalf of any employee who feels that she has a grievanceparties. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, 16.07 The Employer and the Union shall submit the grievance may mutually agree in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature waive any of the grievancetime limits set out in this article.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 7.3.1 Level One (Informal) 7.3.1.1 Alleged grievances should be discussed in a private, informal conference between parties involved. At least one such private meeting should take place between the parties before the grievance procedure is involved. Grievant may request presence of CSEA representative. 7.3.1.2 If the same alleged grievance is made by more than one employee against one respondent, only one employee on behalf of self and the other complainants may process the complaint through the adjustment procedure upon signed written consent of other involved grievants. Names of all aggrieved parties shall appear on all documents related to the settlement of the grievance. 7.3.1.3 The parties agree that the administrator/supervisor has five working (5) days to respond to any informal grievance. 7.3.1.4 The time limits set forth limit provided for in this article policy may be extended by mutual written agreement of the parties. Any decision not appealed within the limits from one level to the next level in the grievance policy shall be mandatoryconsidered settled on the basis of the last decision and not subject to further appeal. 7.3.2 Level Two (Formal) 7.3.2.1 Within five (5) working days of receipt of the administration or supervisor informal decision, exclusive the grievant has the right to move to formal level two of Saturdaysthe grievance process should the decision not settle the issue. The formal level two grievance shall be delivered in writing to the site administrator/immediate supervisor stating the reasons for disagreement, Sundaysspecific contract violations, and General Holidaysan acceptable solution. 7.1.1 7.3.2.2 Within five (5) working days the site administrator/supervisor shall communicate his/her decision to the employee in writing. If the administrator does not respond or the grievance is not settled with the grievant in an acceptable solution, within five (5) working days from receipt of the written decision of the site administrator/supervisor, the grievant may appeal to the next level. 7.3.3 Level Three 7.3.3.1 Within five (5) working days the grievant shall submit in writing a request to have the matter mediated with the Superintendent. The Superintendent shall call a meeting within ten (10) working days between the grievant and the supervisor to hear the level-three grievance. In the event the Superintendent is the immediate supervisor, the time period shall be automatically extended for up to five (5) additional days so that the union misses President of the Governing School Board or his/her appointee may hear the grievance and render a time limitdecision. In either case, the grievant shall submit to the Superintendent a formal statement of grievance is deemed that includes the sections of the contract and an acceptable solution to be abandonedthe grievance. The site administrator/supervisor shall forward all responses of the prior grievance level(s) prior to the level-three conference. 7.1.2 In 7.3.3.2 Within five (5) working days, the Superintendent or in the event that the employer misses President of the Governing School Board sits as moderator, shall in writing notify all parties of their decision. If this decision is an acceptable conclusion or a time limitnegotiated agreement is reached to the grievance, the grievance shall be advanced deemed settled. If the decision or an agreement is not accepted/reached, the grievant may request in writing to have the grievance move to level four (Hearing before the School Board). 7.3.4 Level Four 7.3.4.1 Within thirty-two (32) working days of receipt of the appeal from the grievant, the School Board shall conduct a hearing on the grievance in an open or closed public session as requested by the grievant. At the hearing, the grievant shall have an opportunity to testify, present evidence, and present witnesses pertaining to the next step in grievance. 7.3.4.2 Prior to the final resolution of the grievance, the district Board shall provide a copy of the grievance procedureand the proposed resolution to CSEA. CSEA shall have seven (7) days to comment on the proposed resolution. 7.1.3 The time limits specified in 7.3.4.3 If the decision is not satisfactory, the grievant has the option of requesting of CSEA that the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Unionsubmitted to arbitration. 7.2 In order to provide for an orderly and speedy process for 7.3.4.4 CSEA shall notify the settling District in writing of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, its determination within thirty (30) consecutive working days of the event which led Board’s written decision. 7.3.4.5 Either party may call witnesses and present evidence relevant to the grievance arbitration issues. Bargaining unit members called as witnesses will be released from duty without loss of pay to testify at the arbitration. 7.3.4.6 The arbitrator’s decision will be in writing and shall specify will set forth to all parties his/her findings of fact, reasoning and conclusions on the nature issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the grievanceterms of this Agreement. The arbitrator will have no power to add to, subtract from or modify the terms of this Agreement. Should it become necessary to decide an issue, an arbitrator is required to review issues of “external law”. 7.3.4.7 Provided the arbitrator abides by his or her jurisdictional mandates, doesn’t commit fraud, or have a conflict of interest, the articles or clauses decision of the collective agreement which are alleged to arbitrator shall be violated and binding. 7.3.4.8 All costs, for the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days direct services of the event which led to arbitrator will be borne equally by the grievance in an xxxxxxx attempt to resolve District and CSEA. Other costs will be borne by the problemparty incurring them. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 1. The parties agree term “grievance” as used in this contract shall mean any grievance made either by an individual employee or group of employees contending that he or they are being prejudiced as a result of misinterpretation or misapplication of any of the terms of this contract or wage schedules from time limits to time in effect. The above definition shall be grievances subject to arbitration provided the procedures as set forth in within this article shall be mandatory, exclusive of Saturdays, Sundays, and General HolidaysArticle are followed. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance 2. Nothing shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with prevent the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are grievances not of an individual nature but are generally applicable to employees covered by falling within the scope above said definition except grievances of this Agreement nature shall not be subject to arbitration. 3. Grievances of any employee or group of employees shall receive fair, just and speedy consideration and shall be referred handled without prejudice. 4. A grievance that is to as a policy grievance. Policy grievances shall be submitted, in writing, recognized by either the Company or the Union must be presented within thirty (30) consecutive working days after the alleged violation occurs except as provided under Article 10, Section 2. 5 Prior to the first step meeting, an informal resolution meeting between the supervisor and a Union representative will take place for all issues except suspensions and terminations. The employee may attend this meeting at the Union’s request. Pay shall be allowed for the Union representative and the employee, if present. If the issue is not resolved and the Union chooses to proceed further, grievances shall be presented and processed only in the following manner, except as outlined in Article 27, Section 3. A. The grievance shall be presented in writing, on the appropriate Grievance Report form, to the aggrieved employee’s immediate supervisor. B. The form shall be prepared and submitted in duplicate. The supervisor will assign a grievance report number, and return one (1) copy to the Union by 5:00 p.m. of the event which led next normal workday. C. The grievance shall contain a statement of facts in sufficient detail to the grievance and shall specify set forth the nature of the grievance, date or dates involved, times, occurrences, circumstances, and a reference to the articles applicable Contract Article and Section or clauses of the collective agreement which are alleged to be violated Company practice. D. The Company and the remedy or correction that the Employer is requested Union agree to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor meet within ten (10) consecutive working days after the return of the event which led grievance form to the grievance in an xxxxxxx attempt Union to resolve explore solutions to the problemproblems. 7.5 E. The Company will be represented by first and second level management. Second level managers that are located outside of the area can exercise their right to attend the meeting via phone or video conference. The Union will provide a committee of local Union representatives, including the grievant if desired. The first step grievance meeting shall have be attended by not more than three (3) representatives by either party, as noted in Article 11, Section 1, unless mutually agreed to when the right to originate grievances on behalf of any employee who feels that she has a grievanceStep 1 meeting is scheduled. Pay shall be allowed for not more than two (2) employees including the grievant. 7.6 Failing F. All issues resolved prior to resolve Step 2 will not establish a precedent. 5.2 Step 2 In the event a grievance during is not resolved at Step 1, the discussion with Local Business Manager, or his designated representative, or the employee's supervisor, it shall be dealt with as follows: a. Within grievant may within ten (10) consecutive workdays, the Union shall submit the days request a second level grievance meeting. 5.2.1 The parties will meet within fifteen (15) working days in writing a final effort to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of resolve the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 A. The parties agree that primary purpose of this procedure is to secure, at the time limits set forth in lowest level possible, equitable solutions to the problems of the parties. A grievance is defined as an alleged violation, misinterpretation or inequitable application of a specific and expressed term of this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 Agreement. In the event that the union misses a time limitemployee seeks redress on the same or similar subject in any other forum, the grievance is deemed employee waives any and all rights to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 B. Grievances are limited to matters of interpretation or application of express provisions of this Agreement. The time limits specified parties recognizing that an orderly grievance procedure is necessary, and agree that each step in the grievance procedure may must be extended for such time adhered to as mutually agreed, in writing, by set forth herein or the Employer and the Uniongrievance will be forfeited. 7.2 In order Section 2. level 1: Any employee having a specified grievance must discuss the matter with his/her immediate supervisor who will attempt to provide for an orderly and speedy process for resolve the settling matter consistent with the terms of grievances, the Employer acknowledges the rights and duties this Agreement. All grievances must be filed within five (5) working days of the Union Grievance Committee and Stewardsdiscovery of the grievable matter or within five (5) days of when it should have been discovered. The role of immediate supervisor will have five (5) working days after the xxxxxxx shall be discussion to assist with the preparation and presentation of give a grievance commencing with clause 7.3 belowresponse. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 level 2: Grievances which are not of an individual nature but are generally applicable settled at Xxxxx 0, or which have not been responded to, shall be reduced to employees covered writing by the scope of this Agreement shall employee and/or the Union Xxxxxxx, on the appropriate forms, be referred signed by the aggrieved employee and the Union Xxxxxxx and be delivered to as a policy grievance. Policy grievances shall be submitted, in writing, the immediate supervisor within thirty five (305) consecutive working days of the event which led to Level 1 response. The written grievance must contain the grievance and shall specify the nature claimed violation of the grievanceAgreement, the articles or clauses of the collective agreement which are alleged to be violated all pertinent contract citations, and the remedy or correction that the Employer is requested to makerequested. The immediate Supervisor shall write his/her disposition on the grievance form and return it to the Union Xxxxxxx within five (5) working days. level 3: If the grievance is not resolved by the above steps within eight (8) working days, the grievance committee, comprised of the Chief Xxxxxxx and the Alternate Xxxxxxx, shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along file an appeal with the employee, Supervisor or his/her designated representative. The Supervisor or his/her designee will discuss it with the employee’s supervisor hold a hearing within ten eight (10) consecutive 8) working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The matter. Both the Union shall and the Employer have the right to originate grievances on behalf request the presence of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisornecessary parties. Within eight CHARTER TOWNSHIP OF FLINT and CHARTER V..1 OF LOCAL 1918 COUNCIL #25, it shall be dealt with as follows: a. Within ten (10) consecutive workdaysA.F.S.C. & M.E., the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceAFL-CIO

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The 21.1 For the purposes of this Agreement, a grievance is defined as any dispute between the parties agree concerning the interpretation, application, administration, or alleged violation of this Collective Agreement. 21.2 It is agreed that maintenance of harmonious relations between the time limits set forth in this article parties requires the prompt processing and disposition of grievances. Any grievance as defined above shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor presented within ten (10) consecutive working days of the event which led incident giving rise to the grievance. 21.3 Nothing in this Agreement shall be invoked to preclude an employee from exercising the right to file a grievance in an xxxxxxx attempt to resolve accordance with the problemprocedure set out below. 7.5 The 21.4 At the request of the person concerned, the Union shall have the right to originate grievances on behalf of any represent the employee who feels that she has in filing a grievancegrievance in accordance with this Agreement, as set out below. 7.6 Failing 21.5 The union representatives shall have sufficient time during working hours to resolve investigate or present grievances, provided that they obtain permission from their supervisors in advance to leave their position. The Board agrees that such permission shall not be unreasonably withheld. The Union agrees that these privileges shall not be abused. 21.6 Grievances shall be handled according to a process in several steps: 21.6.1 Step 1: An employee wishing to file a complaint or discuss a problem shall first present it verbally to his immediate supervisor. The supervisor shall respond verbally within the grievance during following five (5) business days. 21.6.2 Step 2: If the discussion employee is not satisfied with the immediate supervisor’s decision, the employee's supervisor, it shall be dealt with as follows: a. Within accompanied by his supervisor and a union representative, may present a grievance to the secretary-treasurer within the next ten (10) consecutive workdays, the Union working days. The employee shall submit present the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. Union. The secretary-treasurer shall respond to the nature of grievance within the grievancenext fifteen (15) working days and the response shall also be given in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 3 A. Problems arising in connection with the time limits set forth in this article application or interpretation of the 4 Agreement shall be mandatorysubmitted as a grievance in accordance with the procedures 5 of this Article; provided, exclusive however, it is the express intent of Saturdays, Sundays, the parties that 6 grievances be adjusted informally whenever possible and General Holidays. 7.1.1 In at the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 first level of 7 supervision. The time limits specified contained in the grievance this procedure may be extended for such time as mutually agreed, in writing, by 8 mutual agreement of the Employer and the UnionAssociation. Grievances may be, by 9 mutual consent of the parties, referred back for further consideration or 10 discussion to a prior step or advanced to a higher step of their grievance 11 procedure. 13 GSRMC Article 16 Dismissal—Vice President of Operations 14 Dismissal grievances must be filed in writing within the first fourteen (14) days 15 following the dismissal and shall be initially filed with the VP of Operations 16 Services or designee. 7.2 In order 18 1. Step One: The employee shall first submit a written grievance, signed by 19 the employee directly involved in the occurrence on which the grievance is 20 based, to provide for an orderly and speedy process for Director, Home Health within fourteen (14) days of the settling time 21 when the employee should reasonably have known of grievancesthe occurrence on 22 which the grievance is based, but in any event within forty-five (45) days 23 following the occurrence of the matter being grieved. At this step, the Employer acknowledges 24 employee may seek the rights and duties assistance of the Union Grievance Committee and StewardsAssociation in presenting 25 his/her case. The role of the xxxxxxx shall be to assist Director, Home Health will meet with the preparation and presentation of a nurse to 26 consider the grievance commencing with clause 7.3 belowwithin fourteen (14) days. When a xxxxxxx assists with The Director will respond 27 to the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty fourteen (3014) consecutive working days of the event which led Step One 28 meeting. 30 2. Step Two: If the grievant is not satisfied with the Director's response or 31 has not received a response within the timeframes set forth above, the 32 employee shall have fourteen (14) additional days to submit it to the Vice 33 President of Operations and Support Services or designee who shall 34 endeavor to settle the complaint. Within fourteen (14) days after 1 presentation of the grievance to the Vice President of Operations and 2 Support Services , the parties shall specify schedule a meeting to be held at a 3 mutually convenient time (which may be outside the nature fourteen (14) day 4 period) to attempt to resolve the matter. The Vice President of Operations 5 and Support Services shall issue a written response to the grievant and 6 the Association within fourteen (14) days following the meeting. 8 3. Step Three: If the grievant is not satisfied with the resolution at Step 9 Three, the employee shall have fourteen (14) additional days to refer the 10 grievance to the Medical Center President/CEO or designee. A meeting 11 with the Medical Center President/CEO or her/his designee will be held 12 within fourteen (14) days of receipt of the referral, who will issue a written 13 response to the grievant and the Association within fourteen (14) days 14 following such meeting. 16 4. Step Four: If the issue is not resolved at the President/CEO level, then the 17 Association may, within fourteen (14) days of the President's/CEO's 18 decision, request that the Medical Center participate in non-binding 19 mediation through the Federal Mediation or Conciliation Service. If the 20 Medical Center does not agree to mediation or if mediation does not result 21 in resolution of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2Association may, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten fourteen (1014) consecutive working 22 days of the event which led Medical Center's decision not to participate in mediation or 23 within fourteen (14) days of the mediation session, refer the grievance in an xxxxxxx attempt to resolve 24 a neutral party selected from a list of names supplied by the problemFederal 25 Mediation and Conciliation Service. The decision of the neutral party as 26 arbitrator shall be binding upon the parties and each party shall pay one- 27 half (1/2) of the arbitrator's fee. The arbitrator shall not have authority to 28 add to, modify or detract from the provisions of this Agreement. The 29 Hospital and Association agree to jointly request that the arbitrator issue 30 the written decision within thirty (30) days of the closing of the hearing or 31 submission of the briefs whichever is later. 7.5 The Union shall have the right to originate 1 5. Only disciplinary grievances on behalf of any employee who feels that she has may be placed in a grievancenurse's personnel file. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor3 B. As used in this Article, it 'days' shall be dealt with as follows:mean calendar days. a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance1 HOME HEALTH PROVISIONS

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 24.01 Should a dispute arise between the University and any employee regarding the interpretation or alleged violation of the provisions of this Agreement, the following grievance procedure will be followed: STEP 1 The parties agree that employee shall first discuss the time limits set forth in this article complaint with her/his immediate supervisor and may have a Committeeperson present if so desired. If the employee is not satisfied the employee shall be mandatorythen, exclusive of Saturdayswithin two (2) working days, Sundayspresent a grievance on the approved grievance form to the immediate supervisor who shall, and General Holidayswithin two (2) working days, give the employee a written reply. 7.1.1 In the event that the union misses a time limit, STEP 2 If the grievance is deemed not resolved, it shall be forwarded by the Committeeperson to be abandonedthe employee's department head within three (3) working days after receipt of the written reply in Step 1. The employee's department head shall, within three (3) working days, render the reply in writing. The Union Committee shall consider the department head's reply and, if it is not satisfactory, the Union Committee shall refer the grievance to the Director of Human Resources within three (3) working days. 7.1.2 In STEP 3 When the event that grievance is referred by the employer misses a time limitUnion Committee to the Director of Human Resources, the grievance parties shall be advanced meet within five (5) working days in which time they will try to resolve the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsgrievance. The role Director of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedHuman Resources shall, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of days, render a reply in writing. 24.02 If the event which led to the grievance in an xxxxxxx attempt parties are unable to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union or the University may refer the matter to arbitration within ten (30) days. Prior to such referral, the parties may agree to use the services of a Grievance Mediator. The cost of such Grievance Mediator shall submit be shared equally between the parties. 24.03 All time limits may be extended by written mutual agreement. 24.04 Any grievance in writing to not filed within five (5) working days after the Assistant Superintendent - Business Services with a copy to occurrence which is the Superintendent of Schools outlining: i. the nature basis of the grievance, or within five (5) working days after the employee should reasonably have had knowledge of the said event, shall be deemed to have been waived and shall not be considered. 24.05 Time limits shall be computed by excluding Saturdays, Sundays and paid holidays. 24.06 In circumstances where Steps 1 and 2 do not involve the immediate supervisor, the parties may mutually agree to move directly to Step 3.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 8.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between an employee in the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. Employees who have not successfully passed their probationary period (as may be extended) shall not have a right to file a complaint, grievance or refer any matter to arbitration under this collective agreement, and the union shall not have the right to do so on their behalf. 8.02 For the purpose of this Article and Article 9 (Arbitration), the words "working days" shall not include Saturdays, Sundays or public holidays under the Employment Standards Act, 2000. 8.03 The parties agree that the time limits set forth are open to resolving issues of misunderstandings quickly in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 an effort to maintain positive working relationships. In the event that the union misses an employee has a time limitcomplaint, the Employee is to bring the issue to the attention of their Direct Report Manager within five (5) working days after the employee ought reasonably to have known of the circumstances giving rise to the grievance. The Employee and the Direct Report Manager will make an attempt in a timely manner to resolve the complaint through a verbal discussion between the two of them prior to the filing of a formal written grievance. The Direct Report Manager will provide the Employee with a decision regarding the complaint within 5 days of being made aware of that complaint. Failing resolution of the issue through this verbal discussion, the complaint may be taken up as a grievance is deemed in the following manner and sequence: The employee/Union Xxxxxxx shall submit a written grievance to the employee's Direct Report Manager within five (5) working days of the Direct Report Manager's decision in the verbal discussion stage discussed in Article 8.03 above. The grievance shall be signed by the employee, shall identify the nature of the grievance and the specific provisions of the Agreement which are alleged to have been violated and shall contain a statement of the facts relied upon and indicate the relief sought. The Direct Report Manager shall submit their response in writing within five (5) working days following the day on which the grievance was presented to them. If no written request for the grievance to be abandoned. 7.1.2 In heard at Step 2 is received within five (5) working days from the event that date of the employer misses a time limitresponse by the Direct Report Manager under Step 1, the grievance shall be advanced deemed to have been settled. Within five (5) working days following the Direct Report Manager's written response under Step 1, the Employee/Union Xxxxxxx shall submit the written grievance to the next step in Executive Director or their designate. The Executive Director or designate will meet with the Employee and a Union Xxxxxxx to review the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to receiving the grievance at this Step. The Executive Director shall submit their Response in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within writing within ten (10) consecutive workdaysworking days following the meeting held pursuant to this Step. If no written request for the grievance to be heard at Step 3 is received within five (5) working days from the date of the Response of the Executive Director under Step 2, the grievance shall be deemed to have been settled. Within five (5) working days following the Response of the Executive Director or their designate under Step 2, the employee/Union Xxxxxxx shall confirm with the Executive Director that the employee/Union Xxxxxxx wishes to bring the complaint forward to Step 3. The Executive Director or designate will meet with the griever, the Union Xxxxxxx and the Union's Business Representative to review the grievance within ten (10) working days of receiving the grievance at this Step. The Executive Director or designate shall have such counsel and assistance as may be desired at this meeting. The Executive Director shall submit their Step 3 Response in writing within ten (10) working days following the meeting held pursuant to this Step. If the grievance is not referred to arbitration in writing accordance with Article 9 below following the Step 3 Response, the grievance shall be deemed to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancehave been settled.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that a) All questions, disputes and controversies arising under this Agreement or any supplement hereto shall be adjusted and settled within the time limits terms and conditions as set forth in this article Agreement in the manner provided by this Article, unless otherwise expressly provided in this Agreement. The procedure for such adjustment and settlement shall be mandatoryas follows: Step 1: Any grievance of an employee shall first be taken up between such employee and the Branch Operations Manager. However, such employee will be entitled to be accompanied by a Shop Xxxxxxx of his or her choice or a Union Representative. Step 2: Failing settlement under Step 1, the grieving party shall reduce his/her grievance to writing stating the Article(s) alleged to have been violated such grievance shall be taken up between the Branch Manager or designate and a Shop Xxxxxxx or Local Union Representative. Except by mutual agreement between the Union and the Company providing for an extension of time, Step 2 must be completed with ten (10) days (exclusive of Saturdays, SundaysSundays and Holidays) from the completion of Step 1. Step 3: Failing settlement under Step 2, such grievance and General Holidays. 7.1.1 In the event any question, dispute or controversy that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation not of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable kind that is subject to employees covered by the scope of this Agreement shall Steps 1 and 2, will be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty and taken up between two (302) consecutive working days Union representatives selected by the Union and two (2) Company representatives appointed by an Officer of the event which led to the grievance Company. Such written notice and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor meeting must take place within ten (10) consecutive working days (exclusive of Saturdays, Sundays and Holidays) from the event which led to completion of Step 2. Except by mutual agreement between the grievance in Union and the Company providing for an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf extension of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisortime, it shall Step 3 must be dealt with as follows: a. Within completed within ten (10) consecutive workdaysdays (exclusive of Saturdays, Sundays and Holidays) from the completion of Step 2. Grievance Panel: Prior to proceeding to arbitration, the Union shall submit grieving party can request, and if mutually agreed, that the grievance be referred to a Grievance Panel established for this purpose by the Company and the Union. The grieving party will advise the other party in writing of its intention to proceed to the Assistant Superintendent - Business Services with a copy to Grievance Panel within fourteen (14) days after the Superintendent completion of Schools outlining: i. the nature Step 3 of the grievanceGrievance Procedure.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that Section 1. A grievance is any dispute which may arise concerning the time limits set forth application, meaning or interpretation of this agreement which shall be settled in the following manner. Section 2. All dues paying members who file a grievance shall be accompanied by a union representative at each step of the grievance procedure. However, nothing in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that require the union misses to process grievances from employees who are not dues paying members of I.A.F.F., Local 3531. Employees of the bargaining group who are not dues paying members may file grievances on their own behalf and do not have to notify the union of their intent to file a time limit, the grievance is deemed grievance. Any threat towards an employee in an effort to be abandoned. 7.1.2 In the event that the employer misses prevent such employee from filing a time limit, the grievance shall be advanced to a violation of this contract. Section 3. The employee, either alone or accompanied by the next step in representative, shall present the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may as set forth below. Every effort will be extended for such time as mutually agreed, in writing, made by the Employer employees, the Union and the Union. 7.2 In order County to provide for an orderly adjust grievances informally and speedy process for promptly at the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsfirst step with his/her immediate supervisor. The role of the xxxxxxx shall Note: All grievances will be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered accompanied by the scope of this Agreement shall approved grievance tracking sheet which will be referred to as a policy grievancesigned by each party at each step. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction It is expected that the Employer is requested to makeeach Step 1. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with be presented orally to the employee, will discuss it with the employee’s 's immediate supervisor within ten (10) consecutive working calendar days from the time the employee or the Union knew or by reasonable diligence should have known of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 question. The Union supervisor shall have the right to originate grievances on behalf of any employee who feels that she has reach a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, decision and communicate it shall be dealt with as follows: a. Within within ten (10) consecutive workdayscalendar days to the employee and his representative if one was present. NOTE: For clarification, an example of the Union shall submit time limits would be that if a grievance is filed on the 5th of the month, then the deadline for response would be the end of business on the 15th). Step 2. If the employee is not satisfied with or does not receive a timely reply in Step 1, within ten (10) calendar days thereafter the grievance shall be presented in writing to the Assistant Superintendent - Business Services appropriate Deputy Fire Chief. The Deputy Fire Chief shall meet with a copy the employee (and his/her representative where applicable) and reply in writing within ten (10) calendar days after receipt of the written grievance. Decisions reached in Steps 1 and 2 shall not be used as precedents for any subsequent cases unless mutually agreed to the Superintendent contrary in writing. Step 3. If the employee is not satisfied with or does not receive a timely reply in Step 2, within ten (10) calendar days thereafter he/she or they may present the written grievance to the Fire Rescue Chief. The Fire Rescue Chief shall meet with the aggrieved employee (and representative, if applicable), within ten (10) calendar days after receipt of Schools outlining: i. the nature written grievance and endeavor to reach an adjustment of the grievance. The Fire Rescue Chief shall give a written answer within ten (10) calendar days of this meeting. Step 4. If the employee is not satisfied with or does not receive a timely reply Step 5. If the Union or the employee is not satisfied with the Deputy County Manager’s resolution of the matter, he/she or they may proceed to those procedures and conditions of Article V (Arbitration). Section 4. Time limits may be extended upon mutual consent in writing by the employee or the Union and the County. The Deputy Fire Chief, the Fire Rescue Chief and the Deputy County Manager may appoint designees to handle grievances on their behalf. Section 5. The Union may present a reasonable number of witnesses if it so requests when the matter is taken to Step 3 of the grievance procedure. Section 6. Fire Rescue Division management will notify the union (in writing) when a grievance is filed by anyone in the bargaining unit. Section 7. Nothing in this Article shall preclude the Union from taking a matter to the Public Employees Relations Commission in an appropriate case. Section 8. For bargaining group personnel. Article IV supersedes the Employee Handbook grievance procedure in all cases. EXCEPT when the issue is Termination, Performance Improvement Probation, Suspension Without Pay, or Involuntary Demotion; when a bargaining group employee is recommended for termination, performance improvement probation, suspension without pay, or involuntary demotion, such employee has ONE of the following choices: 1. He/she may initiate a "contractual" grievance, which may allow them to eventually go to arbitration (Article V), if necessary, and if the issue meets all requirements to go to arbitration. In this case, the grievance must be filed starting at Step 3 (Fire Rescue Chief) within ten (10) calendar days of the recommendation for such disciplinary action, but the action may take effect immediately when the employee is given notice of such disciplinary action. This means' for example, if an employee is terminated, the termination may take place immediately, and there is NO provision for the employee to be placed on PAID suspension during the rest of the entire process. However, if the decision to terminate (for example) is over-turned during the process, the employee may be reinstated and may be eligible for back pay to the date of termination. 2. Within seven (7) calendar days, the employee may choose to request a Pre- Disciplinary Hearing under the terms and conditions of the Employee Handbook, Sections 13.01 and 13.02, which does provide that the employee may be placed on PAID suspension until such time as the Hearing Officer makes his/her decision. If this option (2) is selected by the employee, then the next and ONLY other administrative redress (appeal) they may seek is a hearing in front of the Employee Relations Council, per Employee Handbook section 13.03 (and under procedural rules, section 13.05). Section 9. The County and the Union recognize the value and need for an established administrative investigation process that is committed to fair and thorough fact finding investigations. The County will establish and publish a policy that outlines the complaint and administrative investigation process for employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the Section 1. A grievance is deemed to be abandoned. 7.1.2 In defined as a claim or dispute with the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, Company by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties employee or employees involving an alleged violation of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope terms of this Agreement shall be referred to as a policy grievanceAgreement. Policy All grievances shall be submitted, handled solely in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to makeaccordance with this Article. The grievance shall commence at procedure is as follows: Step 21: The employee(s) and the shop xxxxxxx, Clause 7.6 7.4 An employee who feels they have a if the employee(s) so desire, will attempt to resolve the grievance shall notify the Union, who, along by conference with the employee, will discuss it with the employee’s immediate supervisor within ten (10) consecutive working days after the events giving rise to the grievance occurred. The immediate supervisor shall respond back to the employee(s), with a copy to the shop xxxxxxx, within five (5) working days. Step 2: If the grievance is not resolved in Step 1, the grievance shall be set forth in writing and presented by the employee(s) and the shop xxxxxxx to the HR Manager within five (5) working days after the date of the supervisor's response. The HR Manager will respond in writing to the shop xxxxxxx within five (5) working days. Step 3: If the grievance is not resolved in Step 2, the Union Business Representative will meet with Director of HR or his/her designate within five (5) working days after the date of the HR Department Manager's response. The Director of HR or his/her designate will respond to the Business Representative within five (5) working days. Step 4: If the grievance is not resolved in Step 3, the parties may mutually agree to submit the matter to voluntary mediation or the Union may proceed to arbitration. In the event that mediation is not utilized or is unsuccessful, written notice of The Union's intent to arbitrate must be provided to the Company within ten (10) working days of a refused mediation request, an unsuccessful mediation or the date of the Director of HR’s response. Section 3. The time limits set forth above may be extended by mutual agreement. In the event which led that the Company fails to respond to a grievance as provided in Section 2, the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has advance the grievance to the next step. If the Union fails to advance a grievancegrievance to the next step, the grievance shall be considered settled and it shall not be eligible for consideration at further steps or for arbitration. 7.6 Failing Section 4. Only grievances which involve an alleged violation by the Company of a specific section(s) or provision(s) in this Agreement and which are processed in the manner and within the time limits herein provided shall be subject to resolve arbitration. Only the Union or the Company may require arbitration of the other party to this Agreement. Section 5. If arbitration is requested in accordance with this Article, the parties may attempt to reach agreement upon the name of an arbitrator. If the parties are unable to agree upon an arbitrator within five (5) working days from the date of the request to arbitrate, either party may request the Federal Mediation and Conciliation Service (FMCS), U.S. Department of Labor, to submit a panel of seven (7) prospective arbitrators from the Minneapolis/St. Xxxx geographic area. When the list is received, either party may reject the list and request that the FMCS supply a second list of seven (7) new names. A representative from each party shall strike one name from the list. A coin toss shall determine who strikes first. The process shall then be repeated with the parties alternating strikes until only one name remains. That person shall become the neutral arbitrator. The party requesting the panel of arbitrators shall be responsible for the FMCS fee for providing that panel. Section 6. The arbitrator shall conduct a hearing within a reasonable length of time to hear the evidence and make an award. The award shall be binding upon the Union, the Company, and the employee(s). Such award must be in conformance with the terms and provisions of this Agreement; the arbitrator shall not have the authority to add to, subtract from, change or amend any term or condition of this Agreement or issue a decision that conflicts in any way with its provisions. The arbitrator's decision or award may not be retroactive to a date preceding the date of the event(s) giving rise to the grievance during upon which the discussion with decision or award is based. Section 7. The cost and incidental expenses of the employee's supervisor, it Arbitrator shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature borne equally by each of the grievancerespective parties to this Agreement. Each party will also bear its own legal expenses and costs incidental to witnesses.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree 23.1 It is recognized and accepted by the Employer and the Union that the time limits processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the xxxxxxx and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 23.2 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. It is understood that issues not related to terms and conditions of employment (for example: topics listed in Civil Service Rule 26 III A, B, C: performance reviews, examinations, and classification) shall continue to be processed in accordance with the grievance procedure outlined in the Civil Service Rules. Grievances shall be resolved in conformance with the following procedure: Step 1 Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth in the nature Step 2 Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Xxxxxxx and attempt to resolve the grievance. If, as a result of this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limitmeeting, the grievance is deemed remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer’s written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived. Step 3 Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be abandonedselected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. 7.1.2 In 23.3 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the event that provisions of this Agreement. The arbitrator shall consider and decide only the employer misses specific issue submitted in writing by the Employer and the Union and shall have no authority to make a time limitdecision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the grievance Union, and the employees. 23.4 The fees and expenses for the arbitrator’s services and proceedings shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 7.2 In order to provide for an orderly and speedy process for the settling 23.5 The time limits in each step of grievances, this procedure may be extended by mutual agreement of the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE PROCEDURE. 7.1 ‌ 8.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between an employee in the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. Employees who have not successfully passed their probationary period (as may be extended) shall not have a right to file a complaint, grievance or refer any matter to arbitration under this collective agreement, and the union shall not have the right to do so on their behalf. 8.02 For the purpose of this Article and Article 9 (Arbitration), the words "working days" shall not include Saturdays, Sundays or public holidays under the Employment Standards Act, 2000. 8.03 The parties agree that the time limits set forth are open to resolving issues of misunderstandings quickly in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 an effort to maintain positive working relationships. In the event that the union misses an employee has a time limitcomplaint, the Employee is to bring the issue to the attention of their Direct Report Manager within five (5) working days after the employee ought reasonably to have known of the circumstances giving rise to the grievance. The Employee and the Direct Report Manager will make an attempt in a timely manner to resolve the complaint through a verbal discussion between the two of them prior to the filing of a formal written grievance. The Direct Report Manager will provide the Employee with a decision regarding the complaint within 5 days of being made aware of that complaint. Failing resolution of the issue through this verbal discussion, the complaint may be taken up as a grievance is deemed in the following manner and sequence: The employee/Union Xxxxxxx shall submit a written grievance to the employee's Direct Report Manager within five (5) working days of the Direct Report Manager's decision in the verbal discussion stage discussed in Article 8.03 above. The grievance shall be signed by the employee, shall identify the nature of the grievance and the specific provisions of the Agreement which are alleged to have been violated and shall contain a statement of the facts relied upon and indicate the relief sought. The Direct Report Manager shall submit their response in writing within five (5) working days following the day on which the grievance was presented to them. If no written request for the grievance to be abandoned. 7.1.2 In heard at Step 2 is received within five (5) working days from the event that date of the employer misses a time limitresponse by the Direct Report Manager under Step 1, the grievance shall be advanced deemed to have been settled. Within five (5) working days following the Direct Report Manager's written response under Step 1, the Employee/Union Xxxxxxx shall submit the written grievance to the next step in Executive Director or their designate. The Executive Director or designate will meet with the Employee and a Union Xxxxxxx to review the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to receiving the grievance in an xxxxxxx attempt to resolve the problem. 7.5 at this Step. The Union Executive Director or designate shall have one other member of management present as may be desired at this meeting for the right to originate grievances on behalf purpose of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it assisting them. The Executive Director shall be dealt with as follows: a. Within submit their Response in writing within ten (10) consecutive workdaysworking days following the meeting held pursuant to this Step. If no written request for the grievance to be heard at Step 3 is received within five (5) working days from the date of the Response of the Executive Director under Step 2, the grievance shall be deemed to have been settled. Within five (5) working days following the Response of the Executive Director or their designate under Step 2, the employee/Union Xxxxxxx shall confirm with the Executive Director that the employee/Union Xxxxxxx wishes to bring the complaint forward to Step 3. The Executive Director or designate will meet with the griever, the Union Xxxxxxx and the Union's Business Representative to review the grievance within ten (10) working days of receiving the grievance at this Step. The Executive Director or designate shall have such counsel and assistance as may be desired at this meeting. The Executive Director shall submit their Step 3 Response in writing within ten (10) working days following the meeting held pursuant to this Step. If the grievance is not referred to arbitration in writing accordance with Article 9 below following the Step 3 Response, the grievance shall be deemed to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievancehave been settled.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 11.01 A grievance is defined as any difference between the parties arising out of the interpretation, application, administration, or alleged violation of this collective agreement.The parties agree that grievances are to be dealt with as cooperatively, expeditiously and efficiently as possible. 11.02 When an employee has a grievance, other than disciplinary grievances, which will commence at Step #2, it shall be dealt with in the following manner. For purposes of this Article, “days” shall mean calendar days, excluding holidays under Article 14. Step #1 The Employee shall first notify their immediate supervisor concerning a grievance within nine (9) days of the occurrence of the grievance. Within five (5) days of notification of the grievance, the immediate supervisor shall have a meeting with the Grievor to discuss the grievance. A Xxxxxxx must be present during this discussion. The supervisor shall render their decision, in writing, within four (4) days. Failing a satisfactory settlement, then the Grievor may proceed to Step #2 within four (4) days of the decision. The grievance will be submitted in writing to the Operations Manager or designate who will then meet within ten (10) days with the Xxxxxxx, Local President, and the Grievor. The Operations Manager shall give theirdecision in writing, within seven (7) days of the date of the meeting. Failing satisfactory settlement at Step #2, the Union Representative, Local President, Xxxxxxx, and the Grievor may request a meeting with the Director or designate within seven (7) days of the date the Operations Manager gives their decision at Step #2. The meeting shall be held at a mutually agreeable time but no later than 10 days from the date of the Union’s request. The Director shall give their decision, in writing, within nine (9) calendar days of the date of the meeting. Failing satisfactory settlement at Step #3, the grievance may be submitted to arbitration within thirty (30) days of the date the Director gives their decision at Step #3. 11.03 The Employer shall not be required to consider any grievance which is not presented within seven (7) days of the occurrence of the alleged violation of the Collective Agreement. Thereafter, the time limits set forth in this article the grievance procedure shall be mandatoryconsidered mandatory unless the Parties mutually agree in writing to extend them. If any grievance is not submitted within the time limits specified, exclusive of Saturdaysit shall then be considered as abandoned and may not be reopened. If the Employer does not respondwithin the prescribed time periods, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, then the grievance is deemed to may be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced referred to the next step in the grievance procedure. 7.1.3 The time limits specified in 11.04 Any difference arising directly between the Union and the Employer relating to the interpretation, application, or violation of this Agreement as a policy grievance procedure may shall be extended for such time as mutually agreed, in writing, by processed under the provisions of this Article and shall be initiated at Step #3. 11.05 All decisions arrived at between the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties representatives of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist final and binding upon the Employer, the Union, and the employee or employees concerned. 11.06 A claim by an employee, who has completed their probationary period, that they have been unjustly discharged, shall be treated as a grievance if a written statement of such grievance is lodged with the preparation General Manager or designate within five (5) days after the employee ceased to work for the Employer, and presentation of Steps #1 and #2of the grievance procedure will be omitted in any such case. Non-probationary employees shall not be dismissed except for just cause. Just cause includes, but is not limited to, the circumstances noted under Article 9.03. 11.07 When the Employer has a grievance commencing with clause 7.3 below. When a xxxxxxx assists with grievance, it shall forward it to the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedUnion, in writing, within thirty seven (307) consecutive working days of the event which led to the grievance and shall specify the nature occurrence of the grievance, the articles or clauses of the collective agreement which are alleged . The Union shall make itself available to be violated and the remedy or correction that meet with the Employer is requested to make. The discuss the grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to receipt of the Employer grievance. If the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten is not settled within seven (107) consecutive workdaysdays following this discussion, the Union shall Employer may submit the grievance in writing matter to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature arbitration for final resolution under Article 13within fifteen (15) days of the grievanceexpiration of the seven-day period noted herein.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that Section 1. A grievance shall be defined as a claim of an Employee covered by the Agreement, or the Union, during the term of the Agreement, which involves the interpretation of, administration of, or compliance with an express provision of this Agreement. Section 2. Prior to the filing of a written grievance, nothing contained in this Article shall prevent any Employee with or without a Union representative from informally and verbally presenting and resolving any grievance herein, in which event the resolution shall be final and binding upon all parties, and thus shall not be subject to arbitration pursuant to Article 12 of this Agreement. However, such a presentation of a grievance by an Employee shall not extend the time limits limit for filing a grievance, set forth in Section 3 of this article shall be mandatoryArticle, exclusive of Saturdays, Sundaysunless an extension is agreed to by the Parties, and General Holidays. 7.1.1 signed by the Parties. In the event that the union misses a time limitmatter is not resolved, the Employee and/or the Union xxxxxxx may present a formal written grievance is deemed to be abandonedin accordance with Section 5. 7.1.2 Section 3. All grievances must be submitted to the Employer in writing, on a form as provided in Appendix 1, within seven (7) calendar days after the event or events giving rise to the grievance occurred or within seven (7) calendar days after those events reasonably could have been known. Section 4. Any grievance investigation shall occur during non-working time and in non-working areas. Section 5. Grievances shall be processed in the following manner: Step 1: Grievances shall be presented, in writing, to the Employee’s immediate supervisor or his/her designee on a form as provided in Appendix E. A grievance meeting shall be scheduled on a date agreed upon by the parties within seven (7) calendar days following submission of the Grievance. Such grievances must identify 1) specific contract Article(s) and Section(s) violated, 2) the Employer representatives, if any, or other staff and/or persons involved, 3) a comprehensive description of the claimed violation and the manner in which the contract was violated, to include but not be limited to the date and time of the claimed violation and witness(es) to the claimed violation, 4) the specific damage(s) the Employee(s) incurred and 5) the specific relief requested for each Employee(s) impacted. The grievance shall also have, as attachments to the grievance, all documents in the possession and/or control of the Employee(s) and/or Union which pertain to the grievance. Such grievance shall be signed by an authorized Union representative and the Employee(s) involved, and include a certification as to the truth of the facts asserted in the grievance. A discussion of the grievance shall be held within ten (10) calendar days of receipt of the grievance. For purposes of a discussion of the grievance, the Employee may be accompanied by no more than one authorized Union representative. The written answer of the Employee’s supervisor or his/her designee shall be made available to the grieving Employee within ten (10) calendar days of the Step 1 discussion. In the event that the employer misses a time limitUnion or the Employee fails to adhere to the grievance process, the grievance shall be advanced deemed closed. If the problem is not mutually resolved at the first step, the grievance shall be presented in writing to the next step Employer as set forth in Step 2. Step 2: If the grievance procedure. 7.1.3 The time limits specified in is not resolved at Step 1, the grievance procedure may then shall be extended for such time as mutually agreed, in writing, presented to the Chief Nursing Officer or his/her designee within seven (7) calendar days after the receipt by the Employer union representative of the written answer submitted following Step 1 of this procedure. The matter shall be discussed by the Chief Nursing Officer or his/her designee with the aggrieved Employee and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievancesUnion representative, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working calendar days of receipt of the event which led grievance. The Chief Nursing Officer or his/her designee, as the case may be, shall render a decision in writing to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within representative within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature calendar days of the grievanceStep 2 discussion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The 2.1. Realizing that there should be an organized procedure to facilitate the resolution of grievances, the Board and the Council hereby establish an agreement to set forth the approved steps. 2.1.1. A determined effort shall be made to settle grievances at the lowest possible level in the established procedure. There shall be no suspension of services or interference with the operations of the school system during the time which is necessary to get a resolution of the problem causing the grievance. Meetings or discussions involving grievances shall not interfere with teaching duties or classroom instruction. Both parties agree that the grievance proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure. 2.1.2. For the purpose of this Agreement, a grievance is defined as a claim by a grievant (an employee or employees or the PFA/Council based upon the violation, interpretation, or application of this Agreement. 2.1.3. Grievances will be processed in the following manner and within the stated time limits. The time limits set forth in this article stated herein shall be mandatoryinterpreted to mean “school days” (excluding weekend days, exclusive of Saturdaysholidays, Sundays, and General Holidays. 7.1.1 or unpaid days during the work year). In the event a grievance is filed on or after May 1, the time limits may consist of calendar days or other mutually-acceptable limitations so that the union misses a matter may be resolved before the close of the school year, or as soon as possible thereafter. Extensions of time limit, the grievance is deemed to limits must be abandonedconfirmed in writing. 7.1.2 In 2.1.4. For employees who meet the event that definition of “teacher” under the employer misses provisions of ORS 342.815(9) and pursuant to ORS 342.895(5), a time limit, the grievance moratorium shall be advanced to the next step in the placed on grievance proceduretimelines while an employee is on a program of assistance. 7.1.3 The time limits specified 2.1.4.1. No grievance or other claim of violation of applicable evaluation procedures or fundamental unfairness in the grievance procedure may a program of assistance for improvement shall be extended for such time as mutually agreed, in writing, by the Employer and the Unionfiled while a teacher is on a program of assistance. 7.2 In order to provide for an orderly and speedy process for 2.1.4.2. This moratorium shall end when the settling plan of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewardsassistance is completed. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedemployee/Council will, in writingthen, within have thirty (30) consecutive working days of the event which led workdays to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged file/continue grievances that were subject to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problemmoratorium. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The 8.01 It is the mutual desire of the parties agree hereto that the time limits set forth in this article complaints or grievances of employees shall be mandatory, exclusive of Saturdays, Sundays, and General Holidaysadjusted as quickly as possible. 7.1.1 1: It is understood that an employee has no grievance until the employee has given his/her supervisor the opportunity of adjusting the complaint. The employees must accordingly first discuss the grievance with his/her supervisor and must do so within five (5) working days of the date upon which the incident giving rise to the grievance first occurred. The answer of the supervisor shall be made within five (5) working days of the discussion. 2: If the complaint is not settled with the supervisor at Step No. 1 and the employee wishes to pursue the grievance, a written grievance relating to the interpretation, application, administration, alleged violation of this agreement must be submitted to the employee's supervisor within seven (7) working days of the date upon which the incident giving rise to the grievance first occurred. The written grievance shall be signed by the employee and shall indicate the nature of the grievance and the adjustment sought. In the event it is not possible for the employee to sign the grievance, it may in these limited circumstances be signed for him by the Business Agent or the Union xxxxxxx. The supervisor shall give his or her reply in writing to the employee within seven (7) working days following receipt of the written grievance. Step No. 3: Failing settlement at Step No. 2, the Union may, within seven 8.02 Should the Union desire to submit a policy grievance concerning the interpretation, application, administration or alleged violation of this agreement, it may do so in writing at Step No. 2 of the Grievance Procedure within sixty (60) calendar days of the incident giving rise to the grievance. A grievance filed under this clause shall be submitted to the Manager of the Hotel or their designate. The Employer shall meet with the Union to discuss this matter and following the meeting shall give its reply to the grievance, in writing within seven (7) working days. The Union agrees that the union misses a time limit, right to process policy grievances will not be used to circumvent the grievance is deemed to be abandonedregular Grievance Procedure. 7.1.2 In 8.03 Should the event that Employer by desire to submit a policy grievance concerning the employer misses a time limitinterpretation, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreedapplication, in writingadministration or alleged violation of this agreement, by the Employer and Union or any employee it may do so in writing to the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties Business Agent of the Union or his designate at Step No. 2 of the Grievance Committee and StewardsProcedure within sixty (60) calendar days of the incident giving rise to the grievance. The role of the xxxxxxx Union shall be to assist meet with the preparation Employer to discuss this matter and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with following the presentation of a grievance during working hours she meeting shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable give its reply to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty seven (307) consecutive working days. The Employer's agrees that the right to process policy grievances will not be used to circumvent the regular Grievance Procedure. 8.04 Should any grievance fail to be satisfactorily settled under the foregoing provisions of this Article, it may be referred to arbitration by either the company or the Union as provided for in Article 9 hereof. 8.05 A seniority employee who believes that he/she has been discharged without just cause may file a written grievance. All cases of discharge must be grieved within five (5) working days from the date of the event which led to the grievance discharge and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall will commence at Step No. 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree 15.01 A “grievance” is the allegation by an employee that the time limits set forth in Board has misinterpreted, misapplied, or violated a specific and express term of this article shall be mandatory, exclusive written Agreement. A “grievant” is defined as an employee or group of Saturdays, Sundays, and General Holidaysemployees (class action) of the local having a grievance. 7.1.1 In 15.02 An employee who has a grievance shall discuss the grievance with his or her supervisor within seven (7) calendar days of the occurrence of the act or event that the union misses a time limit, on which the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, based. The supervisor shall make his decision on the grievance shall be advanced and email it to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, employee within thirty five (305) consecutive working calendar days of the event which led to informal hearing. 15.03 If the grievant is not satisfied with the resolution of the issue at the Supervisor’s level, he shall file the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor Superintendent within ten (10) consecutive working calendar days of the event which led supervisor’s response. The Superintendent or his designee shall hold an informal hearing with the employee within seven (7) calendar days of the Superintendent’s receipt of the grievance. The Superintendent or designee shall make his decision on the grievance and email it to the grievance in an xxxxxxx attempt to resolve employee within five (5) calendar days of the probleminformal hearing. 7.5 The Union shall have 15.04 If not satisfied with the right to originate grievances on behalf response at the Superintendent’s level, the grievant may, within seven (7) calendar days of any employee who feels that she has a grievance. 7.6 Failing to resolve the Superintendent’s response, appeal the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing by submitting a written request for arbitration to the Assistant Superintendent - Business Services Union, with a copy to be furnished to the Superintendent Superintendent. The Union shall decide whether or not to file for arbitration. If the Union decides to proceed to arbitration, it shall mail a written request to the Federal Mediation and Conciliation Service, with a copy to be furnished to the Superintendent, for a list of Schools outlining: i. the nature seven (7) arbitrators. Such request must be made within five (5) calendar days of the grievancegrievant’s request for arbitration. Either party may request that a second list of seven (7) names be furnished. The arbitrator shall have no power to add to, subtract from, modify, or alter any provisions of this Agreement. The fees and expenses of the arbitrator shall be borne solely by the losing party; if the losing party is not clearly identifiable, the arbitrator shall apportion his fees and expenses between the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. The decision of the arbitrator shall be final and binding. Employees that are subpoenaed to attend the hearing may do so without loss in pay. 15.05 This grievance procedure constitutes the sole and exclusive means of raising and seeking a remedy for an alleged misinterpretation, misapplication, or violation of this Agreement. Neither the Union nor any employee shall take any other action alleging a violation of this Agreement, including but not limited to the filing of an unfair labor practice charge(s) or the initiation of judicial proceedings of any type in connection with any dispute which could have been, was, or is the subject of a grievance under this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, 23.1 It is recognized and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, accepted by the Employer and the Union. 7.2 In order to provide for an orderly Union that the processing of grievances as hereinafter provided is limited by the job duties and speedy process for the settling of grievances, the Employer acknowledges the rights and duties responsibilities of the Union Grievance Committee employees and Stewards. The role of the xxxxxxx shall therefore be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance accomplished during working hours she only when consistent with such employee duties and responsibilities. The xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the xxxxxxx and the employee have notified and received the approval of regular earnings. Policy Grievancetheir supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 7.3 Grievances 23.2 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. It is understood that issues not related to terms and conditions of employment (for example: topics listed in Civil Service Rule 26 III A, B, C: performance reviews, examinations, and classification) shall continue to be processed in accordance with the grievance procedure outlined in the Civil Service Rules. Grievances shall be resolved in conformance with the following procedure: Step 1 Upon the occurrence of an individual nature but are generally applicable alleged violation of this Agreement, the employee involved shall attempt to employees covered resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the scope of this Agreement shall informal discussion, it may be reduced to writing and referred to as a policy grievanceStep 2 by the Union. Policy grievances The written grievance shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify set forth the nature of the grievance, the articles or clauses facts on which it is based, the alleged section(s) of the Step 2 Within seven (7) calendar days after receiving the collective agreement which are alleged to be violated and the remedy or correction that the written grievance a designated Employer is requested to make. The grievance supervisor shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along meet with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx Union Xxxxxxx and attempt to resolve the problem. 7.5 grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Assistant Superintendent - Employer’s written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived. Step 3 Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Services with a copy Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Superintendent Union stating the Employer’s answer concerning the grievance. If as a result of Schools outlining: i. the nature written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. 23.3 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 23.4 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 23.5 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE PROCEDURE. 7.1 The parties agree that 11.01 A grievance is a complaint regarding: (a) unjust treatment or discrimination; (b) unfair working conditions; (c) any disciplinary action involving financial penalty, or the time limits set forth in application, interpretation or any alleged violation of this article shall be mandatoryAgreement, exclusive of Saturdays, Sundays, and General Holidaysor any other matter involving financial penalty. 7.1.1 In 11.02 The grievance must be dealt with progressively without stoppage of work or refusal to perform work, through the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 steps described below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall on 11.01 (a) and 11.01 (b) above can be processed through steps 1 and 2 and grievances on 11.01 (c) above can be referred to as arbitration. The employee shall advise the supervisor of the employee's intent to file a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days The employee may discuss the grievance with his immediate supervisor with a view of the event which led resolving it prior to the grievance and shall specify being filed at step 1. STEP 1 Within fourteen (14) calendar days from the nature date of the incident prompting the grievance, or the articles or clauses time the employee had the first opportunity to become aware of such incident, the employee shall submit a written signed statement of the collective agreement which are alleged to be violated grievance and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led redress sought to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisorDivision Head, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent Local and Central Office of Schools outlining: i. the nature Union. A Designated Officer shall render a decision in writing, with a copy to the Central Office of the Union within fourteen (14) calendar days after receipt of the grievance. STEP 2 If no satisfactory settlement is reached in step 1, and the employee wishes to proceed with his grievance, he will within fourteen (14) calendar days of the date of the written decision of the Designated Officer referred to in step 1, above, submit the grievance and xxxxxxx sought to the Chief Executive Officer. A written decision will be forwarded to the employee, with a copy to the Central Office of the Union within fourteen (14) calendar days after receipt of the grievance. STEP 3 If the difference is not resolved satisfactorily in step 2, and the employee wishes to proceed with his grievance, the grievance, with the approval of the Union, shall be advanced to adjudication. The party desiring to submit the grievance to an Arbitration Board shall, within fourteen (14) calendar days of the receipt of the written reply at step 2, notify the other party in writing of the desire to submit the difference to adjudication and the notice shall contain a statement of the difference and the name of their appointee to the Arbitration Board. Upon receipt of such notice, the other party shall inform the first party of the name of their appointee to the Arbitration Board, within fourteen (14) calendar days. The two appointees so selected shall, within seven (7) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairman of the Arbitration Board. If the two (2) members fail to appoint a third member within seven (7) calendar days after the day on which the last of the two (2) members is appointed, the Labour Relations Board shall appoint a third member who shall be the Chairman of the Arbitration Board. The Arbitration Board shall hear and determine the difference and shall issue an award in writing and the decision is final and binding upon the parties and upon any employee affected by it. The award of a majority is the award of the Arbitration Board, but if there is no majority the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board. Each party to the difference shall bear the expenses of its respective appointee to the Arbitration Board and the two (2) parties shall bear equally the expenses of the Chairman of the Arbitration Board. The Arbitration Board by its decision shall not alter, amend or change the terms of this Agreement. (a) A grievance may initially be presented beyond step 1 with the approval of the Chief Executive Officer. (b) In case of a difference arising from demotion, suspension, or dismissal, the grievance shall initially be presented at step 2 except where the Chief Executive Officer notifies the employee involved in the difference that he may present his grievance for adjudication. 11.04 Time limits in this Article may be extended by written agreement between the parties providing that such extension is requested prior to the expiry of the time allowed. Where such extension is requested, it may not be denied unreasonably. 11.05 If the grievor fails to meet the time limits stipulated in the grievance procedure, his grievance is abandoned by him and cannot be further appealed or filed by him or by his representative as a new grievance. Similarly, if the respondent fails to meet the time limit for his reply to a grievance at any step of the grievance procedure, the grievance will automatically proceed to the next step. (a) A Policy Grievance may be submitted by either party to this Agreement on any difference between the parties seeking to enforce an obligation on the Employer or the Union. A Policy Grievance shall not be an obligation that may or could have been the subject of a grievance by an employee. (b) A Policy Grievance shall be submitted to the other party within fourteen (14) calendar days of the date upon which the alleged violation of the Collective Agreement has occurred, or within fourteen (14) calendar days from the date upon which the aggrieved party first became aware of the subject of the grievance. Within a reasonable time of filing a Policy Grievance, the parties shall meet in an attempt to resolve the difference. Failure to resolve the Policy Grievance within fourteen (14) calendar days of filing shall entitle the aggrieved party to advance the Policy Grievance to step 3 within an additional fourteen (14) calendar days. 11.07 When it is necessary to use the postal service, all correspondence shall be by double registered mail or by receipted courier service. 11.08 Notwithstandingthe generality of Article 11, a complaint alleging sexual harassment may be presented in the form of a grievance directly to the Employer. The decision given by the Employer shall be final and binding on all parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 13.01 Any complaint, disagreement or difference of opinion between the Co-operative and the Union, or the employees covered by this Agreement, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, may be presented as a grievance. 13.02 Where the Union requires information regarding a grievance dealing with hours of work and/or seniority, the Co-operative shall promptly supply such information in writing to the Union within ten (10) working days from the date of the request. The parties agree Union shall not use this provision to request information that does not pertain to a specific grievance of an employee. 13.03 Any employee, the Union or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, shall be forfeited and waived by the aggrieved party. It is agreed that no more than five (5) working days shall be counted during each calendar week. 13.04 All grievances must be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved party. 13.05 The procedure for adjustment of grievances shall be as follows: STEP 1: By a discussion between the aggrieved employee and the Shop Xxxxxxx and/or Union Representative with the employee's immediate supervisor or their designated appointee. The immediate supervisor or their designated appointee shall reply to the grievance in writing, to the Union, within ten (10) calendar days. A full-time Union Representative shall reply in writing to any grievance initiated by the Co-operative, within ten (10) calendar days. If a satisfactory settlement has not been reached, the Union Representative and/or aggrieved employee, or the Co-operative, as the case may be, may proceed to Step 2. 13.06 If a satisfactory settlement cannot be reached, then upon request of either party within fourteen (14) calendar days of receiving the final written decision from either party but not thereafter, the matter may then be referred to an Arbitrator selected in accordance with Article 14. 13.07 It is understood and agreed by the Union and the Co-operative that the time limits set forth in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the various steps of the above grievance procedure procedure, may only be extended for such time as mutually agreed, in writing, by mutual agreement between the Employer Union and the UnionCo-operative. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance and shall specify the nature of the grievance, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days of the event which led to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.1 The 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any questions as to whether a matter is arbitrable. For the purposes of this Article, reference to “days” relating to steps in the grievance and arbitration procedures (Article 9) shall exclude Saturdays, Sundays and paid holidays. Time limits referred to in the grievance procedure and arbitration procedures may be extended by mutual agreement, if specified in writing. Both parties agree and understand that the time limits set forth out, both in this article shall be mandatory, exclusive of Saturdays, Sundays, and General Holidays. 7.1.1 In the event that the union misses a time limit, the grievance is and arbitration procedures (Article 9), must be strictly complied with except by written agreement to extend and failure to do so shall result in the grievance being deemed to be have been abandoned. 7.1.2 In 8.02 Step 1: a) Any employee having a grievance will verbally notify the event that Management Supervisor within ten (10) working days after the employer misses problem occurs. She/he may have her/his Union Xxxxxxx present throughout Step 1. b) The Management Supervisor shall arrange to have a time limitmeeting with the employee within eight (8) working days of the verbal notification, for the purpose of discussing the grievance. c) The Management Supervisor shall verbally state her/his decision within eight (8) working days from the date of this discussion. 8.03 Step 2: a) If the employee is not satisfied with the decision of the Management Supervisor, the grievance shall be advanced put in writing to the next step in the grievance procedure. 7.1.3 The time limits specified in the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, within thirty (30) consecutive working days of the event which led to the grievance Management Supervisor and shall specify state the nature of the grievance, the articles section or clauses sections of the collective agreement which are contract alleged to be violated have been violated, and the remedy or correction that redress sought. b) The written grievance must be conveyed by the Employer is requested Union Xxxxxxx, to make. The grievance shall commence at Step 2the Management Supervisor, Clause 7.6 7.4 An employee who feels they have with a grievance shall notify copy to the UnionExecutive Director, who, along with the employee, will discuss it with the employee’s supervisor within ten (10) consecutive working days from the date of the event which led to the grievance Management Supervisor’s verbal reply in an xxxxxxx attempt to resolve the problemStep 1 (Article 8. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve the grievance during the discussion with the employee's supervisor, it shall be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievance

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 6.01 The parties Company and the Union agree that it is of the time limits set forth utmost importance to adjust complaints and grievances as quickly as possible. It is agreed that no employee may file a formal grievance until he has first gone to his immediate Supervisor, on his own or accompanied by a Xxxxxxx, in this article an attempt to adjust his complaint. This procedure shall be mandatory, exclusive not interfere with the regular business of Saturdays, Sundays, and General Holidaysthe Company. 7.1.1 In the event that the union misses a time limit, the grievance is deemed to be abandoned. 7.1.2 In the event that the employer misses a time limit, the 6.02 No grievance shall be advanced considered which has not been filed within five (5) working days after the circumstances that gave rise to it came to the next step in attention of or should have come to the grievance procedureattention of the employee concerned. 7.1.3 The time limits specified in 6.03 Grievances shall be adjusted and settled as follows: STEP 1 By a conference among the grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order to provide for an orderly and speedy process for the settling of grievancesemployee, the Employer acknowledges the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist Xxxxxxx concerned with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with grievance, Human Resources and/or the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submitted, in writing, Manager within thirty five (305) consecutive working days of the event which led filing of the grievance. Such Human Resources and/or Management person shall give his written decision to the Xxxxxxx within five (5) working days of the above conference. Failing settlement, then; within five (5) working days, the grievance and shall specify may be referred to Step 2. By a conference among the nature of employee, the Xxxxxxx concerned with the grievance, the articles Chief Xxxxxxx, the Union Representative, the Manager (or clauses delegate) and the Human Resource Officer of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to makeCompany. The grievance Manager shall commence at Step 2give his decision in writing to the Union Representative within seven (7) working days or a longer period, Clause 7.6 7.4 An employee who feels they have if mutually agreed to by the Parties. Failing a grievance shall notify settlement, the Union, who, along with the employee, will discuss it with the employee’s supervisor matter may be referred to arbitration within ten (10) consecutive working days after the decision in STEP 2 by the Manager, in accordance with the provisions of Article 7. 6.04 Any complaint, difference or dispute arising between the Company and the Union shall be dealt with under STEP 2 provided a written complaint is filed by the grieving party with the other party within ten (10) working days of the event which led date of the occurrence giving rise to the grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any employee who feels that she has a grievance. 7.6 Failing to resolve 6.05 A claim by the Union that an employee has been unjustly discharged or suspended shall be treated as a grievance and shall be taken up under STEP 2 of the grievance during procedure if a written statement of such grievance, signed by the discussion employee, is lodged with the employee's supervisorCompany within five (5) working days (Saturdays, it shall Sundays and Paid Holidays excluded) after the discharge or suspension is effected. 6.06 Such special grievance may be dealt with as follows: a. Within ten (10) consecutive workdays, the Union shall submit settled under the grievance procedure or arbitration by: (a) confirming the Company's action in writing to suspending or discharging the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. the nature of the grievanceemployee; or,

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.1 A grievance is defined as any difference arising out of the interpretation, application, administration or alleged violation of th is Agreement, or the imposition of disciplinary action. 7.2 An employee is entitled to Union representation at any step of the grievance procedure, and the Union has carriage of all grievanc es. 7.3 The parties agree that the time limits set forth specified in this article shall be mandatory, exclusive of Article sh all not include Saturdays, Sundays, Sundays and General HolidaysN amed H olidays. Time limits will be waived for school closures and shall recommence the first day that school recommences. 7.1.1 In i) Time limits and the event that requirements of the union misses a grievance procedure are mandatory; however th e time limitlimits may be extended by mutual agreement of both parties in writing. ii) Where the employee or the Union fails to meet timeline in the grievance procedure, the grievance is deemed sh all be considered abandoned. Where the respondent fails to be abandoned. 7.1.2 In the event that the employer misses meet a time limittimeline in th e grievance procedure, the Union may advance the grievance shall be advanced to the next step in the grievance procedure. 7.1.3 The time limits specified in the 7.4 An xxxxxxx effort shall be made to settle a grievance procedure may be extended for such time as mutually agreed, in writing, by the Employer and the Union. 7.2 In order follows: 1 - I nformal Prior to provide for an orderly and speedy process for the settling of grievancesfiling a written grievance, the Employer acknowledges employee or employees concerned, with or without a Union representative, sh all first seek to settle the rights and duties of the Union Grievance Committee and Stewards. The role of the xxxxxxx shall be to assist dispute in discussion with the preparation and presentation of a grievance commencing with clause 7.3 below. When a xxxxxxx assists with the presentation of a grievance during working hours she shall suffer no loss of regular earnings. Policy Grievance 7.3 Grievances which are not of an individual nature but are generally applicable to employees covered by the scope of this Agreement shall be referred to as a policy grievance. Policy grievances shall be submittedtheir I mmediate Supervisor, in writingor designate, within thirty ten (301O) consecutive working days of the event which led incident giving rise to the grievance and shall specify the nature dispute. The decision of the grievanceI mmediate Supervisor, the articles or clauses of the collective agreement which are alleged to be violated and the remedy or correction that the Employer is requested to make. The grievance shall commence at Step 2, Clause 7.6 7.4 An employee who feels they have a grievance shall notify the Union, who, along with the employeedesignate, will discuss it with be communicated verbally to the employee’s supervisor employee or employees concerned within ten (10) consecutive working days of the event which led to discussion with the employee or employees. If th e dispute is not resolved satisfactorily in Step 1, the Union may file a written grievance in an xxxxxxx attempt to resolve the problem. 7.5 The Union shall have the right to originate grievances on behalf of any the employee who feels that she has a grievance. 7.6 Failing or employees concerned. The written grievance will include the name(s) of the grievor(s), the nature of th e grievance and the circumstances related to resolve it, the remedy sought and th e section(s) of the Agreement alleged to have been violated. FOOTHILLS SCHOOL DIVISION #38 6 September 1, 2012 to August 31, 2016 The Step 2 grievance during will be submitted to the discussion Assistant Superintendent in charge of H uman Resources, or designate, within ten (1 0) working days of the response in Step 1 The Assistant Superintendent in charge of H uman Resources, or designate, meet with the employee's supervisor, it shall be dealt with as follows: a. Within Union and the employee(s) within ten (10) consecutive workdaysworking days to discuss the grievance. The decision of the Assistant Superintendent in charge of H uman Resources, or designate, will be communicated to the Union in writing within ten (1 0) working days of th e Step 2 meeting. If th e grievance is not resolved satisfactorily at Step 2, the Union shall submit may forward the grievance in writing to the Assistant Superintendent - Business Services with a copy to the Superintendent of Schools outlining: i. with in ten (1 O) working days. The Superintendent, or designate, will meet with th e Union and the nature employee(s) within ten (1O) working days to discuss the grievance. The decision of the grievanceSuperintendent, or designate, will be communicated to the Union in writing within ten (10) working days of the meeting. The Employer may, within five (5) working days of receiving a grievance at Step 3 of the grievance procedure, notify the Union of th eir intention to bypass Step 3. In such circ umstances, the Union may advance the matter to Mediation or Arbitration, within ten (1 0) working days of the Employer's notice, and in accordance with Articles 7.5 or 7.6.

Appears in 1 contract

Samples: Collective Agreement

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