Grievance Process (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator.
(b) Grievance Mediation shall be scheduled within twenty (20) working days of the grievance being submitted to mediation, or longer period as agreed by the parties.
(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.
(d) The parties shall agree on a mediator.
(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party, unless otherwise mutually agreed.
(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.
(g) The Mediator will have the authority to meet separately with either party.
(h) If no settlement is reached within five (5) working days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator, unless otherwise mutually agreed. Nothing said or done by the mediator may be referred to Arbitration.
(i) The Union and Employer will share the cost of the Mediator, if any.
GRIEVANCE PROCEDURE It is the mutual desire of the Employer and the Union to ensure that complaints and grievances of employees are adjusted as quickly as possible. It is generally understood that an employee having a complaint shall first give the supervisor an opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The employee may be accompanied with their xxxxxxx when up a complaint with the supervisor. Any written dispute regarding the application, administration, interpretation or alleged violation of this Agreementshall be considereda grievance.The grievance shall specify the of the Agreement of which a violation is alleged, contain a brief statement of the facts relied upon and indicate the relief sought, and the grievance shall be dealt with in the following manner: The grievance must be submitted in writing within fourteen (14)calendar days of the incident giving rise to the complaint or from the employee's knowledge of the occurrence giving rise to the grievance. The supervisor shall give an answer, in writing, to the xxxxxxx no later than five (5) calendar days after the grievance is first submitted. If the supervisor fails to give an answer to the grievance within the time limit set forth in Step One, or if the answer is unsatisfactory, the Union Executive Committee may within fourteen (14) calendar days, take the grievance to the next step, Step Two. A meeting shall take place, between the appropriate superintendent or manager responsible for the department, the Director of Human Resources or their delegate and the Union Executive Committee, within seven (7) calendar days of the receipt of the grievance at Step Two. The Employer shall deliver its decision in writing within five (5) calendar days following the Step Two meeting. If management fails to give an answer to the grievance within the time limit set forth in Step Two, or if the answer is unsatisfactory, the Union Executive Committee may refer the grievance to the Director of Operations and the National Union Representative within fourteen (14) calendar days who shall schedule a meeting to take place between the Director of Operations and/or other designated management and the National Union Representative and the Union Executive Committee within twenty-one (21) calendar days. The Director of Operations shall deliver their decision, in writing, within seven (7) calendar days following the Step Three meeting. The Union or the Employer may initiate a policy grievance at Step Two of the grievance procedure. Such grievance shall be filed within fourteen (14) calendar days of the incident giving rise to the complaint or from the knowledge of the occurrence giving rise to the grievance. The Union Executive Committee on behalf of an employee who is discharged or suspended for more than three (3) days may file a grievance at Step Two of the grievanceprocedure within seven (7) calendar days of the discharge or suspension. If a grievance is not settled at Step Three, either party may process the grievance to arbitration in accordance with Article In the case of discipline or termination of employment of a student and where the student grieves, the Employer shall be required to show that it acted reasonablyin discipliningor terminating the employment of the student.
Grievance Procedures The AGENCY agrees to establish a formal written grievance process with procedures through which clients and recipients of services may present grievances to the governing authority of the AGENCY regarding services being provided under this Contract. Additionally, the AGENCY agrees to establish fair hearing procedures that ensure all persons will be advised of their rights to a fair hearing to appeal a denial or exclusion from services and/or the failure of staff to take into account the individual’s choice of service. The AGENCY’S internal grievance procedure must document and include, at a minimum, the following: date of grievance, a written response to the applicant sent within thirty (30) days, and the opportunity for the applicant to meet with the AGENCY Executive Director or designee. Upon request by the COUNTY, the AGENCY shall provide a written report as to the grievance outcome within five (5) normal COUNTY working days. The AGENCY will maintain these documents on file for review by the COUNTY.
