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 Steps The following procedure shall be followed by an employee submitting a grievance:
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.
Grievance Process In the event of any dispute arising in connection with any part of this clause, such a dispute shall be processed in accordance with the dispute settling provisions of this Agreement.
Grievance Policy While Acacia University endeavors to maintain a congenial and responsive atmosphere for its students conducive with its educational purposes, it recognizes that from time to time, misunderstandings and disagreements may arise during the course of a student’s enrollment. In response to this situation, Acacia University has established procedures to resolve problems and ensure fair adjudication of student rights. Informal Procedures Initially, disagreements, complaints, misunderstandings, and grievances can be resolved by the University by using informal discussion, exchanges, persuasion, and other informal procedures. It is the intent of this policy to maximize these informal procedures so long as such measures prove effective. The formal procedure provisions of this policy should be set in motion only when the informal procedures prove to be or manifestly will be ineffective. It is expected that the great majority of cases will continue to be handled in accordance with informal procedures. Complaint If a student feels that he or she has been treated unfairly or unjustly by an employee, online mentor, instructor, or professor with regard to an academic process such as grading, testing, or assignments, the student must submit a written statement of the grievance, including the allegation; all relevant names and dates, a brief description of the actions forming the basis of the complaint; and copies of any available documents or materials that support the allegations, to the Office of Student Affairs (xxxxxxxxxxxxxx@xxxxxx.xxx), who is the final authority on all academic matters. If a student has a grievance on the basis of race, color, gender, religion, age, marital status, national origin, physical disability, veteran’s status, any other basis prohibited by applicable US federal, state, or local laws or any other matter, the student must submit a written statement, including the allegation; all relevant names and dates, a brief description of the actions forming the basis of the complaint; and copies of any available documents or materials that support the allegations, to the Office of Student Affairs (xxxxxxxxxxxxxx@xxxxxx.xxx). The student’s grievance will be assessed within 30 days. If the complaint cannot be resolved after exhausting the institution’s grievance procedure, the student may file a complaint with the Arizona State Board for Private Postsecondary Education. The student must contact the State Board for further details. The State Board address is: 0000 X. Xxxxx, Ste. 3008 Phoenix, AZ 85007 Direct Line (000) 000-0000 Fax (000) 000-0000 Website: xxx.xxxxxx.xxx Students who are or were students of Acacia University and who believe that the school, or anyone representing the school, has acted unlawfully, have the right to file a complaint with the accrediting commission: Distance Education Accrediting Commission (DEAC) 0000 00xx Xxxxxx XX, Xxxxx 000 Washington, DC 20036 Website: xxx.xxxx.xxx DEAC has an “Online Complaint System” that enables individuals to file a complaint directly from the DEAC website. The complaint form may be found at xxx.xxxx.xxx (select “Contact Us” and select the link in the left-hand column). All complaints should be submitted using this form. For those who cannot access the Internet, written complaints will be accepted provided they include the complainant’s name and contact information and a release from the complainant(s) authorizing the Commission to forward a copy of the complaint, including identification of the complainant(s) to the institution. Where circumstances warrant, the complainant may remain anonymous to the institution, but all identifying information must be given to DEAC. Written complaints must contain the following: the basis of any allegation of noncompliance with DEAC standards and policies; all relevant names and dates and a brief description of the actions forming the basis of the complaint; copies of any available documents or materials that support the allegations; a release authorizing the Commission to forward a copy of the complaint, including identification of the complaint(s) to the institution. In cases of anonymous complaints or where the complainant requests for his/her name to be kept confidential, the Commission considers how to proceed and whether the anonymous complaint sets forth reasonable and credible information that an institution may be in violation of the Commission’s standards and whether the complainant’s identity is not necessary to investigate.
GRIEVANCE PROCEDURE 6 Section 3.01 Definitions 6 Section 3.02 Procedure 6 Section 3.03 Other Conditions 7 Article IV. LEAVES 8 Section 4.01 Sick Leave 8 Section 4.02 Bereavement Leave 9 Section 4.03 Personal Leave 9 Section 4.04 Leave Without Pay 9 Section 4.05 Association Leave 10 Section 4.06 Leave Day Calculation 10 Article V. EARNED VACATION DAYS, HOLIDAYS, AND E- LEARNING DAYS 10 Section 5.01 Earned Vacation Days 10 Section 5.02 Recognized Holidays 10 Section 5.03 E-Learning Days 11 Article VI. MEDICAL INSURANCE 11 Section 6.01 Premium Cost 11 Section 6.02 Insurance Committee 11 Article VII. SENIORITY, TRANSFERS, VACANCIES AND LAYOFFS 11 Section 7.01 Definition of Seniority 11 Section 7.02 Probationary Employees 12 Section 7.03 Classifications Without Bargaining Unit 12 Section 7.04 Seniority List 12 Section 7.05 Termination of Seniority 12 Section 7.06 Transfer to New Position 12 Section 7.07 Posting of Vacancies 13 Section 7.07A Posting of Vacancies – Bus Routes 13 Section 7.07B Trips 13 Section 7.08 Filling of Vacancies 14 Section 7.09 Layoffs, Reduction in Force and Elimination of Positions 14 Section 7.10 Recall From Layoff, Reduction in Force Elimination of Positions 15 Section 7.11 Notification of Tentative Assignment 15 Article VIII. PERSONNEL FILE 15 Section 8.01 General 15 Section 8.02 Right to Access 15 Section 8.03 Copies of Documents 15 Article IX. EVALUATION PROCEDURES 15 Section 9.01 Review of Procedures 15 Section 9.02 Informal Observations 16 Section 9.03 Formal Evaluations 16 Section 9.04 Post-Evaluation Procedures 16
GRIEVANCE PROCEDURE 7 Section 3.1. - Definition 7 Section 3.2. - Procedure Steps and Time Limits 7 Section 3.3. - Arbitration 7 Section 3.4. - Authority of Arbitrator 8 Section 3.5. - Expenses of Arbitration 8 Section 3.6. - Limitation Periods 8 ARTICLE 4- XXXX OF RIGHTS 8 ARTICLE 5- EMPLOYEE SECURITY 9 Section 5.1. - Standards of Discipline 9 Section 5.2. - Grievance of Discipline 9 ARTICLE 6- PERSONNEL FILES 9 Section 6.1. - Personnel Files 9 Section 6.2. - Inspection 9 Section 6.3. - Notification and Reply 10 Section 6.4. - Employee Additions to Personnel File 10 Section 6.5. - Limitation on Use 10 ARTICLE 7- LIABILITY INSURANCE, VEHICLES & SAFETY 11 ARTICLE 8- PROVISIONS FOR TRAINING & SCHOOL 11 Section 8.1. — Training Hours 11 Section 8.2. - Basic Required Training 12 Section 8.3 – Promotion Requirements 12 ARTICLE 9- JOB SECURITY 12 Section 9.1. - Filling of Vacancies 12 ARTICLE 10 -WAGES 13 ARTICLE 11- HOURS OF WORK 14 Section 11.1. - Hours of Work 14 Section 11.2 - Overlay Shift 15 Section 11.3. - Holiday Standby Assignments and/or Standby Assignments 15 Section 11.4. - Call Out 16 Section 11.5. - Distribution of Scheduled Overtime 16 Section 11.6. - Court Time Pay/Coroner's Inquest Pay 17 ARTICLE 12- SENIORITY 17 ARTICLE 13- HOLIDAYS 17 ARTICLE 14 -VACATIONS/PERSONAL DAYS 18 Section 14.1. - Eligibility and Allowance 18 Section 14.2. - Vacation Pay 19 Section 14.4. - Work During Vacation Period 19 Section 14.5. - Vacation Rights in Case of Layoff or Separation 19 ARTICLE 15- MEDICAL & HOSPITALIZATION 20 Section 15.1. - Medical Coverage/Insurance 20 Section 15.2. - Dental Insurance 20 Section 15.3. - Post Employment Health Plan 20 Section 15.4 - Changes in Medical Coverage/Insurance/Dental Insurance 21 ARTICLE 16- SICK LEAVE 21 Section 16.1. - Allowance 21 Section 16.2. - Sick Leave Accumulation 21 Section 16.3. - Compensation for Unused Accumulated Sick Leave 21 ARTICLE 17- LEAVES OF ABSENCE 22 Section 17.1. - Application for Leave 22 ARTICLE 18- FUNERAL LEAVE 22 Section 18.1. - Family Death 22 ARTICLE 19- CIVIC DUTY LEAVE 23 ARTICLE 00- XXXXX XXXXXXXX XXXXX 23 ARTICLE 21- NO STRIKE COMMITMENT 23 Section 21.1. - No Strike Commitment 23 Section 21.2. - Resumption of Operations 23 Section 21.3. - Union Liability 24 Section 21.4. - Discipline of Strikers 24 Section 21.5. - No Lock Out 24 ARTICLE 22- UNIFORMS & EQUIPMENT 24 Section 22.1. - Equipment 24 ARTICLE 23- DAMAGE TO PERSONAL PROPERTY 25 ARTICLE 24- AMERICANS WITH DISABILITIES ACT 26 ARTICLE 25- SUBSTANCE ABUSE TESTING 26 ARTICLE 26- PUBLIC EMPLOYEE'S DISABILITY ACT 26 ARTICLE 27- DURATION OF AGREEMENT 26 APPENDIX A 28 APPENDIX B 29 MEMORANDUM OF AGREEMENT The parties hereto, Madison County Board and the Madison County Coroner (hereinafter referred to collectively as the "County" or "Employer") and the Policemen's Benevolent Labor Committee (hereinafter referred to as the "Union") recognizing the need for harmonious relations between the Employer and the Employees herewith enter into this Agreement.
