Grievance Processing. Grievances shall be presented in writing to the designated Management Representative on a mutually agreed upon form, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of such memo begins the time period for the Employer’s response. Prior to the scheduled meeting with management at each step of the grievance procedure, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall be permitted a reasonable amount of time, not to exceed one-half (½) hour for consultation and preparation for such grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/her workstation without first requesting and receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings shall not be unreasonably denied. Failure of the Employer to answer a grievance within the prescribed time limits shall result in the grievance being appealed to the next step of the grievance procedure providing the Union notifies the designated Management Representative at that next step within fifteen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Processing. Grievances shall be presented in writing to the designated Management Representative on a mutually agreed upon form, if available, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of such memo begins the time period for the Employer’s response. Prior to the scheduled meeting with management at each step of the grievance procedure, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall be permitted a reasonable amount of time, not to exceed one-half (½) hour hour, without loss of pay or benefits for consultation and preparation for such grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/her workstation without first requesting and receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings shall not be unreasonably denied. Failure of the Employer to answer a grievance within the prescribed time limits shall result in the grievance being appealed to the next step of the grievance procedure providing the Union notifies the designated Management Representative at that next step within fifteenfifteen (15) weekdays of the expiration of the time limits for management’s response at the lower level. Time limits for scheduling grievance conferences, issuing grievance responses, and appealing to the next step may be extended by mutual agreement. Grievances involving like circumstances and facts affecting a group of employees within the Bargaining Unit may, at the option of the Union, be filed as a group grievance. Group grievances shall be so designated at the time of filing. The group grievances shall, insofar as possible, identify all employees and/or classifications and all work locations covered. No more than two (2) grievants may appear without loss of pay or benefits to represent the group at any step of the grievance procedure. This shall not restrict the right of the Union to have necessary witnesses appear at Step Four (4). A grievance shall state the issue involved, the relief sought, the date the incident or violation took place, and the Section(s) of the Agreement involved. Only related subject matters shall be covered in any one grievance. A grievance may be amended at any time up to the conclusion of the Step Three (3) conference on the basis of facts previously unknown. If a grievance appeal or response is mailed, it shall be considered as within the time limits if it is postmarked within the time limits. At Step Two (2) and Step Three (3), up to two Union Representatives may appear at any conference or hearing, without loss of pay or benefits, to represent the grievant.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Processing. 11 Grievances shall be presented in writing to the designated Management 12 Representative on a mutually agreed upon form, if available, or by written memo, 13 signed and dated by the grievant(s), indicating that it is a grievance. Receipt of 14 such memo begins the time period for the Employer’s response. 16 Prior to the scheduled meeting with management at each step of the 17 grievance procedure, the grievant, if scheduled to attend the grievance 18 conference, and his/her Union Representative, if a member of the Bargaining Unit20 hour, shall be permitted a reasonable amount without loss of time, not to exceed one-half (½) hour pay or benefits for consultation and preparation for such 21 grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the 22 continuation of present practices in regard to preparation for grievance 23 conferences. Requests for time under this provision shall include the 24 identification of the grievance for which preparation time is being requested and 25 the estimated period of time necessary for such preparation. Overtime for 26 participation in the grievance procedure is not authorized. The Employer is not 27 responsible for any travel or subsistence expenses incurred by grievants, 28 witnesses, or Stewards in participating in the grievance procedure. However, if 29 the Employer requires a meeting location other than the grievant’s scheduled 30 work site, that location will be mutually-agreeable between the parties. No 31 employee shall leave his/her workstation without first requesting and receiving 32 approval of the immediate supervisor. Approval for and scheduling grievance 33 meetings shall not be unreasonably denied. 35 Failure of the Employer to answer a grievance within the prescribed time 36 limits shall result in the grievance being appealed to the next step of the 37 grievance procedure providing the Union notifies the designated Management 38 Representative at that next step within fifteenfifteen (15) weekdays of the expiration of 39 the time limits for management’s response at the lower level. 41 Time limits for scheduling grievance conferences, issuing grievance 42 responses, and appealing to the next step may be extended by mutual 43 agreement. 44 45 Grievances involving like circumstances and facts affecting a group of 46 employees within the Bargaining Unit may, at the option of the Union, be filed as
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Processing. Grievances shall be presented in writing A. The purpose of this procedure is to secure at the designated Management Representative on a mutually agreed upon form, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of such memo begins the time period lowest possible level equitable solutions for the Employer’s response. Prior problems which may arise from time to time affecting the scheduled meeting with management at Judiciary and Judiciary employees.
B. At each step of the grievance procedure, procedure there shall be only one spokesperson for the grievant, if scheduled to attend the grievance conference, /union and his/her Union Representative, if a member one spokesperson for management.
C. The number of the Bargaining Unit, days indicated at each level shall be permitted a reasonable amount of time, not considered the maximum and every effort shall be made to exceed one-half (½) hour for consultation and preparation for such grievance meetings. Any pay provided by expedite the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorizedprocess. The Employer is not responsible for any travel or subsistence expenses incurred time limits specified may be extended by grievantsmutual written consent, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/her workstation without first requesting and receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings which shall not be unreasonably denied. Failure .
D. Unless otherwise provided herein, a grievance may be submitted by the Union, or by its designated representative on behalf of the Employer to answer Union or an employee or a group of employees. Where the subject of a grievance suggests it is appropriate, the Union may submit a grievance initially at Step 2, to the Counsel’s Office with the written consent of the Chief of Labor and Employee Relations. Consent shall not be unreasonably withheld. A grievance initially submitted at Step 2 shall be submitted within thirty (30) business days from the prescribed time limits date of occurrence giving rise to the grievance or within thirty (30) business days of the date the Union reasonably should have known of the action being grieved. Prior to arbitration, a grievance shall be heard at least at the Step 2 hearing level unless such hearing is denied by the Judiciary. Grievances filed with consent at Step 2 shall not be scheduled for a hearing/meeting at Step 1.
E. To pursue a grievance, the Union and/or grievant shall set forth the Article(s) being violated and the factual basis for the grievance.
F. An individual employee involved shall be entitled to be present and to use the grievance procedure at Step 1 and at other steps with the consent of the Union and to be represented by the Union in accordance with the provisions hereof. Neither the employee nor the Union shall be coerced, intimidated or suffer any reprisal as a direct or indirect result of the use of the Grievance Procedure or representation during the Grievance Procedure.
X. Xxxxxx otherwise provided herein, a grievant may represent himself/herself throughout this procedure. In such case, the Union shall have the right to be present, to state its views at all steps of the grievance procedure and to receive all dispositions of the grievance.
H. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee, except as mandated by law. The Union’s decision to request the movement of a grievance at Steps 2 and 3 or to terminate the grievance at Steps 2 and 3 shall be final.
I. The Judiciary and the Union shall, upon request, make available to the other party appropriate and/or reasonable information in its possession which the other party needs to properly process the grievance and shall make this information available promptly.
X. Xxxxxxxxx decisions at Step 1 shall not constitute a precedent in any arbitration or other proceeding unless there is specific agreement to that effect made in writing by the Union and by the Chief of Labor and Employee Relations.
K. The Union may amend a grievance at Step 1 for the purpose of clarification but not to materially alter the nature of the grievance or to include additional issues.
L. All documents, communications or records dealing with the processing of a grievance shall be filed in a separate Human Resources grievance file and not in the Human Resource personnel file of any of the participants unless they originated in that file.
M. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the employer and the Union and given an appropriate distribution so as to facilitate operation of the Grievance Procedure. If any section of the grievance being appealed form is not applicable to the next grievance, the grievant may so indicate on the form.
N. The burden of proof shall be on the grievant.
O. The parties at any step of the grievance procedure providing process may consolidate two or more grievances on the same issue and process them as a group grievance at any step of the grievance process.
P. Upon request, the filing party, either the Union notifies or the employee, at least five (5) days prior to a scheduled hearing, and management, at least three (3) days prior to a scheduled hearing, shall submit a list of witnesses, grievants, and union representatives scheduled to attend the hearing, a brief summary of their expected testimony and documents to be relied upon in the hearing, to the other party. The parties shall cooperate with each other in the scheduling of hearings to avoid undue disruption of the operation of the Judiciary, and to reasonably control the number of participants. Such cooperation may include good faith efforts by the Association to reduce the number of participants it brings to the hearing.
Q. If the Union files an unfair labor practice at PERC, the Counsel’s Office is the only office authorized to accept service of the charge and should be listed as the Judiciary/Vicinage representative.
X. Xxxxxxxxx hearings or meetings shall be held during normal working hours unless mutually agreed otherwise. If mutual agreement is reached to hold a grievance meeting or hearing outside of normal working hours, the agreement may include a provision for compensatory time equal to the additional time required, but such time shall not be considered time worked for the computation of overtime. This time off shall include necessary travel time to the hearing.
S. The Union Representative, the Union designated Management Representative at that next step within fifteenattorney or non-employee representative shall have the right to use employer facilities and equipment to investigate grievances and interview witnesses, reasonably and subject to availability, with reasonable notice given where appropriate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Processing. Grievances shall be presented in writing to the designated Management Representative on a mutually agreed upon form, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of such memo begins the time period for the Employer’s response. Prior to the scheduled meeting with management at each step of the grievance procedure, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall be permitted a reasonable amount of time, not to exceed one-half (½) hour for consultation and preparation for such grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/her workstation without first requesting and receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings shall not be unreasonably denied. Failure of the Employer to answer a grievance within the prescribed time limits shall result in the grievance being appealed to the next step of the grievance procedure providing the Union notifies the designated Management Representative at that next step within fifteenfifteen (15) weekdays of the expiration of the time limits for management’s response at the lower level. Time limits for scheduling grievance conferences, issuing grievance responses, and appealing to the next step may be extended by mutual agreement. Grievances involving like circumstances and facts affecting a group of employees within the Bargaining Unit may, at the option of the Union, be filed as a group grievance. Group grievances shall be so designated at the time of filing. The group grievances shall, insofar as possible, identify all employees and/or classifications and all work locations covered. No more than two (2) grievants may appear to represent the group at any step of the grievance procedure. Any pay provided by the Employer for grievance representation is governed by Civil Service rules and regulations. This shall not restrict the right of the Union to have necessary witnesses appear at Step Four (4). A grievance shall state the issue involved, the relief sought, the date the incident or violation took place, and the Section(s) of the Agreement involved. Only related subject matters shall be covered in any one grievance. A grievance may be amended at any time up to the conclusion of the Step Three (3) conference on the basis of facts previously unknown. If a grievance appeal or response is mailed, it shall be considered as within the time limits if it is postmarked within the time limits. At Step Two (2) and Step Three (3), up to two Union Representatives may appear at any conference or hearing to represent the grievant. Any pay provided by the Employer for grievance representation is governed by Civil Service rules and regulations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Processing. Grievances A. An employee who has signed a written individual grievance may attend the grievance meeting with the City at Steps 1, 2 and 3 of the grievance procedures without loss of regular straight time pay. Where more than one employee files the same or similar grievances, one of them shall be presented designated the spokesman and entitled to attend without loss of regular straight time pay.
B. The appropriate Labor Council shift representative may attend the meeting with the City at Steps 1, 2, and 3 of the grievance procedures without loss of regular straight time pay.
C. A non-employee Labor Council representative may attend at Steps 2 and 3.
D. No more than one grievance shall be placed before an arbitrator at any one hearing unless the City and the Labor Council agree to waive this provision.
E. All grievances must contain the following information to be considered and must be filed using the grievance form mutually agreed to by the parties:
1. Aggrieved employee’s name and signature.
2. Aggrieved employee’s classification.
3. Date grievance was filed in writing writing.
4. Date and time grievance occurred.
5. Where grievance occurred.
6. Description of incident giving rise to the designated Management Representative on a mutually agreed upon formgrievance.
7. Sections of Agreement violated.
8. Desired remedy to resolve grievance.
F. The Labor Council, through its Director, may file grievances claiming violations of the recognition clause, the dues deduction clause, or by written memo, signed any other claimed violation of contract rights which accrue solely to the Labor Council as a labor organization and dated by the grievant(s), indicating that it is a grievancenot to individual employees. Receipt of such memo begins Such grievances shall be initially filed at Step 3 within the time period for limits of Step 1.
G. Discipline not involving loss of pay may be grieved through Step 3 of the Employer’s responseGrievance Procedure, but may not be taken to arbitration. Prior to the scheduled meeting with management Grievances involving loss of pay shall be filed at each step Step 3 of the grievance procedure.
H. If the City fails to answer in the time provided, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall may be permitted a reasonable amount of time, not to exceed one-half (½) hour for consultation and preparation for such grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/her workstation without first requesting and receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings shall not be unreasonably denied. Failure of the Employer to answer a grievance within the prescribed time limits shall result in the grievance being appealed advanced to the next Step by the Labor Council. If a grievance is not filed or appealed within the time provided, it shall be considered withdrawn.
I. Any step of the grievance procedure providing may be waived upon mutual agreement between the Union notifies grievant and the designated Management Representative at that next step within fifteenCity in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Processing. Grievances shall be presented in writing to the designated Management Representative on a mutually agreed upon form, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of such memo begins the time period for the Employer’s response. Prior to the scheduled meeting with management at each step of the grievance procedure, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall be permitted a reasonable amount of time, not to exceed one-half (½) hour hour, without loss of pay or benefits for consultation and preparation preparationgroup gri for such grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/her workstation without first requesting and receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings shall not be unreasonably denied. Failure of the Employer to answer a grievance within the prescribed time limits shall result in the grievance being appealed to the next step of the grievance procedure providing the Union notifies the designated Management Representative at that next step within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Processing. Grievances X. Xx employee who has signed a written individual grievance may attend the grievance meeting with the City at Steps 1, 2 and 3 of the grievance procedures without loss of regular straight time pay. Where more than one employee files the same or similar grievances, one of them shall be presented designated the spokesman and entitled to attend without loss of regular straight time pay.
B. The appropriate Labor Council shift representative may attend the meeting with the City at Steps 1, 2, and 3 of the grievance procedures without loss of regular straight time pay.
C. A non-employee Labor Council representative may attend at Steps 2 and 3.
D. No more than one grievance shall be placed before an arbitrator at any one hearing unless the City and the Labor Council agree to waive this provision.
E. All grievances must contain the following information to be considered and must be filed using the grievance form mutually agreed to by the parties:
1. Aggrieved employee’s name and signature.
2. Aggrieved employee’s classification.
3. Date grievance was filed in writing writing.
4. Date and time grievance occurred.
5. Where grievance occurred.
6. Description of incident giving rise to the designated Management Representative on a mutually agreed upon formgrievance.
7. Sections of Agreement violated.
8. Desired remedy to resolve grievance.
F. The Labor Council, through its Director, may file grievances claiming violations of the recognition clause, the dues deduction clause, or by written memo, signed any other claimed violation of contract rights which accrue solely to the Labor Council as a labor organization and dated by the grievant(s), indicating that it is a grievancenot to individual employees. Receipt of such memo begins Such grievances shall be initially filed at Step 3 within the time period for limits of Step 1.
G. Discipline not involving loss of pay may be grieved through Step 3 of the Employer’s responseGrievance Procedure, but may not be taken to arbitration. Prior to the scheduled meeting with management Grievances involving loss of pay shall be filed at each step Step 3 of the grievance procedure.
H. If the City fails to answer in the time provided, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall may be permitted a reasonable amount of time, not to exceed one-half (½) hour for consultation and preparation for such grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/her workstation without first requesting and receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings shall not be unreasonably denied. Failure of the Employer to answer a grievance within the prescribed time limits shall result in the grievance being appealed advanced to the next Step by the Labor Council. If a grievance is not filed or appealed within the time provided, it shall be considered withdrawn.
I. Any step of the grievance procedure providing may be waived upon mutual agreement between the Union notifies grievant and the designated Management Representative at that next step within fifteenCity in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement