Grievance Settlements to be Final. All grievance settlements reached at Steps 1, 2, and 3 by the Union and the Authority shall be final, conclusive and binding on the Authority, the Union, and the employees.
Grievance Settlements to be Final Sample Clauses
Related to Grievance Settlements to be Final
Grievance Settlements With respect to the processing, disposition, or settlement of any grievance initiated under this Agreement, and with respect to any court action claiming or alleging a violation of this Agreement, the Union shall be the sole and exclusive representative of the employee or employees covered by this Agreement. The disposition or settlement, by and between the Employer and the Union, of any grievance or other matter shall constitute a full and complete settlement thereof and shall be binding upon the Union and the bargaining unit, the employee or employees involved, and the Employer. The satisfactory settlement of all grievances shall be reduced to writing and shall be written on or attached to each copy of the written grievance and signed by the representatives involved. Unless otherwise expressly stated, all such settlements shall be without precedent for any future grievance.
Formal Grievance - Step 2 A. If the grievant is not satisfied with the decision rendered pursuant to Step 1, the grievant may appeal the decision within twenty-one (21) calendar days after receipt to a designated supervisor or manager identified by each department head as the second level of appeal. If the department head or designee is the first level of appeal, the grievant may bypass Step 2.
Formal Grievance - Step 3 A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, the grievant may appeal the decision within twenty-one (21) calendar days after receipt to a designated supervisor or manager identified by each department head as the third level of appeal. If the department head or designee is the second level of appeal, the grievant may bypass Step 3.
Formal Grievance - Step 1 A. If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed no later than:
May Omit Grievance Steps An employee considered by the Union to be wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article 6, Grievance Procedure and Step 1 of the Grievance Procedure shall be omitted in such cases.
Settlement and Recovery of Funding for Prior Years (a) The HSP acknowledges that settlement and recovery of Funding can occur up to 7 years after the provision of Funding.
GRIEVANCE REPORT FORM Grievance # School District Distribution of Form 1. Superintendent
Grievance Steps Step One (1) - Filing the Grievance with the Agency Director or Designee If an employee or the Union believes that he/she has been assigned duties not within his/her current classification, the employee or the Union may file a grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the Director’s or designee’s decision and a legible copy of the grievance form shall be provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant’s work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee’s current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee’s regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The date of the filing of the grievance shall be determined by the postmark or other evidence of delivery, whichever is earlier, to the agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due. If the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one-hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., 20% or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) as specified in the classification specification other than the one to which the employee is currently assigned and for what period of time. Present at the hearing shall be a union representative, the grievant or the employee whose duties are being challenged, and a management representative and agency designee who will present their arguments to the arbitrator. The employee’s position description will be admitted into evidence at the hearing. If the Union disagrees with the accuracy of the position description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two
GRIEVANCE PROCEDURE 7 Section 4.1. Definition 7 Section 4.2. Procedures 7 Section 4.3. Limitations on Authority of Arbitrator 8 Section 4.4. Expenses of Arbitration 9 Section 4.5. Union Grievances 9 Section 4.6. Time Limits 9 Section 4.7. Miscellaneous 10 Section 4.8. Discipline 10 Section 4.9. Oral or Written Reprimands 11 Section 4.10. Applicability of Grievance and Arbitration Procedure to Discipline 11 ARTICLE V LABOR-MANAGEMENT COMMITTEE 12 ARTICLE VI SENIORITY, LAYOFF AND RECALL 13 Section 6.1. Definition 13 Section 6.2. Probationary Period 13 Section 6.3. Layoff and Recall 13 Section 6.4. Seniority List 15 Section 6.5. Posting of Certain Training Opportunities 15 Section 6.6. Termination of Seniority 15 Section 6.7. Reemployment After Expiration of Right to Recall 16 ARTICLE VII HOURS OF WORK AND OVERTIME 17 Section 7.1. Purpose 17 Section 7.2. Normal Work Cycle 17 Section 7.3. A Day Trades 18 Section 7.4. Overtime 19 Section 7.5. Changing or Trading Tours of Duty 19 Section 7.6. Hireback Procedure 19 Section 7.7. Compensatory Time 20 Section 7.8. Call-Back Pay 21 Section 7.9. No Pyramiding 21 ARTICLE VIII SALARIES AND OTHER COMPENSATION 22 Section 8.1. Salaries 22 Section 8.2. Longevity Pay 24 Section 8.3. Out of Classification Pay 25 Section 8.4. Paramedic Stipend 25 Section 8.5. Paramedic Preceptor 25 ARTICLE IX VACATIONS 26 Section 9.1. Amount of Vacation 26 Section 9.2. Vacation Eligibility 26 Section 9.3. Vacation Scheduling 26 Section 9.4. Limitation on Accumulation of Vacation 27 Section 9.5. Pay Upon Separation 28 Section 9.6. Vacation Day Trades 28 ARTICLE X HOLIDAYS 29 Section 10.1. Holidays for Employees Assigned to 8-Hour Shifts. 29 Section 10.2. Holidays for Employees Assigned to 24-Hour Shifts 30 Section 10.3. Pay for Hirebacks on Holidays 30 ARTICLE XI INSURANCE 31 Section 11.1. Caferteria Benefits Plan 31 Section 11.2. Retirees Insurance 31 Section 11.3. Flexible Benefits Plan 31 Section 11.4. Right to Change Carriers 31 Section 11.5. Terms of Policies to Govern 32 Section 11.6. Right to Maintain Coverage While on Unpaid Leave or on Layoff 32 Section 11.7. Post Retirement Health Savings Plan 32 ARTICLE XII LEAVES OF ABSENCE 33 Section 12.1. Jury Duty 33 Section 12.2. Sick Leave 33 Section 12.3. Special Leaves Without Pay 34 Section 12.4. Bereavement Leave 34 Section 12.5. Emergency Leave for Illness/Injury in Immediate Family 34 Section 12.6. Witness Leave 35 Section 12.7. Family and Medical Leave Act of 1993 36 Section 12.8. Pregnancy Leave/Maternity Leave 36 ARTICLE XIII SAFETY COMMITTEE 37 ARTICLE XIV MAINTENANCE OF SPECIFIC WORKING CONDITIONS 38 ARTICLE XV MISCELLANEOUS FRINGE BENEFITS 39 Section 15.1. Deferred Compensation Plan 39 Section 15.2. Credit Union 39 Section 15.3. Tuition Reimbursement 39 Section 15.4. Quartermaster System and Maintenance Allowance 39 Section 15.5. Sick Leave Incentive Plan 39 Section 15.6. Pay for Unused Sick Leave at Retirement 40 Section 15.7. Severance Pay 40 Section 15.8. Inoculations 40 Section 15.9. Eye Glass Replacement 41 ARTICLE XVI MISCELLANEOUS 42 Section 16.1. Outside Employment 42 Section 16.2. Pay Advance 42 Section 16.3. Gender of Words 42 Section 16.4. Physical Examinations 42 Section 16.5. Job Descriptions 42 Section 16.6. Posting of Formal Training Opportunities 43 Section 16.7. Released Time 43 Section 16.8. Resolution of Impasse 43 Section 16.9. Solicitation 43 Section 16.10. Physical Fitness Program 44 Section 16.11. Shift/Station Selection Process 44 Section 16.12. Subcontracting 48 ARTICLE XVII RIGHTS OF VILLAGE 49 ARTICLE XVIII NON-INTERRUPTION OF WORK 50 Section 18.1. No Strikes 50 Section 18.2. No Lockouts 50 ARTICLE XIX PROMOTIONS 51 Section 19.1. General 51 Section 19.2. Eligibility Requirements 51 Section 19.3. Components of the Promotional Process and the Weighting of Components 52 Section 19.4. Promotion Process Components 53 Section 19.5. Promotions Coordinator 58 Section 19.6. Monitors 58 Section 19.7. Scoring of Components and Posting of Preliminary Promotion List 59 Section 19.8. Veteran's Preference Points and Posting of Final Promotion List 59 Section 19.9. Order of Selection 60 Section 19.10. Duration of Final Promotion List 61 Section 19.11. Right to Review 61 ARTICLE XX SAVINGS CLAUSE 63 ARTICLE XXI ENTIRE AGREEMENT 64 ARTICLE XXII DRUG AND ALCOHOL TESTING 65 ARTICLE XXIII DURATION AND TERM 67 Section 23.1. Term of Agreement 67 Section 23.2. Continuing Effect 67 APPENDIX A VARIANCES FROM STATUTORY IMPASSE PROCEDURE 00 XXXXXXXX X ESSENTIAL JOB FUNCTIONS TESTING 69 APPENDIX C FIRE CHIEF’S EVALUATION INSTRUMENT 75 APPENDIX D VILLAGE’S CAFETERIA BENEFITS PLAN 00 XXXXXXXX X ADDITIONAL QUARTERMASTER ITEMS 77 APPENDIX F CURRENT LIST OF 40 HOUR OR LONGER OFFICE OF STATE FIRE MARSHAL COURSES 78 OCTOBER 23, 1990 MINIMUM STAFFING SIDE LETTER… 80 AGREEMENT This Agreement is made and entered into by and between the Village of Schaumburg (hereinafter referred to as the “Village”) and the Schaumburg Professional Firefighters Association, IAFF Local 4092 (hereinafter referred to as the “Union”).
