Grievance Proceedings. 1. A grievance is a complaint, dispute, or other controversy in which it is claimed that either party has failed in an obligation under the terms of this Agreement and which involves the meaning, interpretation or application of this Agreement. 2. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representation. Nothing contained in this Grievance Procedure or elsewhere in this Agreement with the administration and having it adjusted without intervention of representation of the Union. 3. If the Management fails, at any step of this procedure, to communicate the decision on a grievance within the specified time limit, then the employee may file an appeal at the next step of this procedure. Any grievance not advanced, by the employee, from one step to the next step within the time limits of that step, shall be considered dismissed. 4. The written grievance shall state the specified Article and paragraph of this Agreement alleged to have been violated, a brief set of facts, and the relief requested. 5. The steps of the Grievance Procedure are as follows. A grievance must be presented, in writing, to the Superintendent or Acting Superintendent of the City of Salem Utilities Department, within five (5) business days after it has become known, or should have become known, to the employee. Within five (5) business days after receiving the grievance, unless otherwise agreed or arranged, the Superintendent of Utilities, or his/her designee, shall be required to meet with the employee to discuss the grievance, to which meeting the employee may be accompanied by his/her designated Union representative, if he/she so requests. Within five (5) business days after the meeting, the Superintendent, or his designee, shall render a decision, in writing, to the employee. If the grievance is not resolve, or if the Superintendent, or his/her designee fails to respond within the five (5) business day limit, then the grievance may be forwarded to step 2 of this procedure. If a grievance is not resolved at the first step of this procedure, within five (5) business days of receiving the reply or upon expiration of the allotted time, the employee may appeal, in writing, to the members of the Utilities Commission of the City of Salem, which shall initiate an investigation of the grievance, and within five (5) business days of receipt of the grievance, unless otherwise agreed and arranged, shall meet with the employee, his/her Union representative (if the employee so wishes), and the Superintendent of Utilities or his/her designee. Within five (5) business days after the meeting, the Utilities Commission shall issue a decision, in writing, to the employee. If the grievance is still considered unresolved, the employee, with the consent of the Union, may, within five (5) business days, request the grievance be arbitrated.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Proceedings. 1. A grievance is a complaint, dispute, or other controversy in which it is claimed that either party has failed in an obligation under the terms of this Agreement and which involves the meaning, interpretation or application of this Agreement.
2. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representation. Nothing contained in this Grievance Procedure or elsewhere in this Agreement with the administration and having it adjusted without intervention of representation of the Union.
3. If the Management fails, at any step of this procedure, to communicate the decision on a grievance within the specified time limit, then the employee may file an appeal at the next step of this procedure. Any grievance not advanced, by the employee, from one step to the next step within the time limits of that step, shall be considered dismissed.
4. The written grievance shall state the specified Article and paragraph of this Agreement alleged to have been violated, a brief set of facts, and the relief requested.
5. The steps of the Grievance Procedure are as follows. A grievance must be presented, in writing, to the Superintendent or Acting Superintendent of the City of Salem Utilities Department, within five (5) business days after it has become known, or should have become known, to the employee. Within five (5) business days after receiving the grievance, unless otherwise agreed or arranged, the Superintendent of Utilities, or his/her designee, shall be required to meet with the employee to discuss the grievance, to which meeting the employee may be accompanied by his/her designated Union representative, if he/she so requests. Within five (5) business days after the meeting, the Superintendent, or his designee, shall render a decision, in writing, to the employee. If the grievance is not resolve, or if the Superintendent, or his/her designee fails to respond within the five (5) business day limit, then the grievance may be forwarded to step 2 of this procedure. If a grievance is not resolved at the first step of this procedure, within five (5) business days of receiving the reply or upon expiration of the allotted time, the employee may appeal, in writing, to the members of the Utilities Commission of the City of Salem, which shall initiate an investigation of the grievance, and within five (5) business days of receipt of the grievance, unless otherwise agreed and arranged, shall meet with the employee, his/her Union representative (if the employee so wishes), and the Superintendent of Utilities or his/her designee. Within five (5) business days after the meeting, the Utilities Commission shall issue a decision, in writing, to the employee. If the grievance is still considered unresolved, the employee, with the consent of the Union, may, within five (5) business days, request the grievance be arbitrated.five
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Proceedings. 1. A grievance is a complaint, dispute, or other controversy in which it is claimed that either party has failed in an obligation under the terms of this Agreement and which involves the meaning, interpretation interpretation, or application of this Agreement.
2. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representation. Nothing contained in this Grievance Procedure or elsewhere in this Agreement shall be construed to prevent any individual employee from discussing a problem with the administration and having have it adjusted without intervention of representation of the Union.
3. If the Management fails, at any step of this procedure, to communicate the decision on a grievance within the specified time limit, then the employee may file an appeal at grievance shall automatically be appealed to the next step of this the grievance procedure. Any grievance not advanced, by the employee, advanced from one step to the next step by the grievant within the time limits of that step, shall be considered dismisseddismissed with prejudice.
4. The written grievance shall state the specified Article and paragraph of this Agreement alleged to have been violated, a brief set of facts, and the relief requested.
5. The steps of the Grievance Procedure are as follows. : STEP 1: A grievance must be presented, presented in writing, to the Superintendent Chief or Acting Superintendent designee of the City of Salem Utilities Fire Department, within five ten (510) business calendar days after it has become known, or should have become known, to the employee. Within five (5) business days after receiving the grievanceThe employee may be accompanied by his designated Union representative, unless otherwise agreed or arranged, the Superintendent of Utilities, or his/her designee, if he so requests. The Chief shall be required to meet with the employee to discuss principals in the grievance, to which meeting the employee may be accompanied by his/her designated Union representative, if he/she so requests. Within five (5) business days after the meeting, the Superintendent, or his designee, shall grievance and render a decision, in writing, to the employeeemployee within ten (10) calendar days after it has been presented to him. If the grievance is not resolve, or if the Superintendent, or his/her designee fails to respond within the five (5) business day limitresolved, then the grievance may be forwarded to step Step 2 of this procedure. If a the grievant fails to appeal to the next step within the allotted time, then the grievance shall be dismissed with prejudice. However, if the Chief fails to respond within the ten (10) calendar day limit, then the grievance shall automatically be appealed to the next step of the grievance procedure. If the grievance is not resolved at the first step of this procedure, within five (5) business days of receiving the reply or upon expiration of the allotted time, the employee may appeal, appeal in writing, to the members of the Utilities Commission Safety Director of the City of Salem, which within ten (10) calendar days of receiving the Chief’s written decision. Within ten (10) calendar days, the Safety Director shall meet with the principals of the grievance. The Safety Director shall then make a decision in the matter, reduce it to writing, and return it to the employee within ten (10) calendar days after the date of said meeting. If the grievance is not resolved, the grievance may then be advanced to Step 3 of this procedure. If the grievance is not advanced to the next step, the grievance shall be waived. However, if the Safety Director fails to respond within the allotted time permitted, then the grievance shall automatically be appealed to the next step of the grievance procedure. If the grievance is not resolved at the second step of this procedure, the employee may appeal in writing, within ten (10) calendar days of receiving the Safety Director’s reply, to the Mayor of the City of Salem. The Mayor of the City of Salem shall initiate an investigation of the grievancesituation, and within five ten (510) business calendar days of the receipt of the grievance, unless otherwise agreed and arranged, shall meet with the employee, his/her his Union representative representatives, (if the employee so wishes), the Safety Director and the Superintendent of Utilities or his/her designeeFire Chief. Within five The Mayor, within ten (510) business calendar days after the meetingmeeting with the employee, the Utilities Commission shall issue a decision, in writing, to the employee. If the grievance is still considered unresolved, the employee, with the consent of the UnionExecutive Board of Local #283, I.A.F.F., may, within five ten (510) business calendar days, request the grievance be arbitrated. If the grievant fails to advance the grievance to arbitration, then the grievance shall be dismissed with prejudice.
Appears in 1 contract
Samples: Collective Bargaining Agreement
